Los Angeles Criminal Defense Lawyer Blog

ABC News recently reported about a local advertising salesman who was arrested and charged with embezzling $140,000 from the Korean Times.

Embezzlement in Los Angeles is defined simply as stealing from your employer. Theft charges can range from shoplifting to robbery and the penalties can range from jail time and probation to serious prison time. That's why a Los Angeles Criminal Defense Attorney with years of handling a variety of criminal cases is important.

According to the news story, the 52-year-old man from Fullerton worked at the newspaper for more than 20 years. When he sold advertising to local businesses, he had them make checks out to him personally.

According to the news report, the man confessed to the embezzlement, saying he had hoped to help his wife's failing business. He is being held on charges of suspicion of grand theft and embezzlement.

Under California law, embezzlement charges can vary. In most cases, first offenses where the value stolen is less than $400 can be punishable by fines, community service, restitution and three years of informal probation.

But a second offense can be charged as felony theft and can be punishable by up to a year in jail or even up to three years in state prison. If the goods stolen are more than $400, it can be a grand theft offense and can be charged as a felony or misdemeanor. Grand theft in California can be punishable by at least 16 months in state prison, probation or parole, restitution, counseling and fines.

There are many defenses to these types of charges, but they often depend heavily on the facts of the specific case. Witness accounts can often be flawed and showing that money was stolen and transferred can sometimes be difficult.

But on top of possible time of incarceration, suspects facing these types of white collar crimes also find themselves dealing with the issue of restitution. Restitution in the criminal justice system is money paid back in theft cases. An experienced attorney can dispute how much money the state can prove was actually stolen, in order to reduce possible restitution amounts. If a person is sent to prison, it's usually difficult for them to pay back the money, especially after they lose their job.

But still, prosecutors will seek as much prison time for the defendant as possible, which is the first obstacle for an experienced Los Angeles Criminal Defense Attorney. Coming up with an aggressive defense strategy can keep the client out of prison. An acquittal, or not guilty at trial, is the the first priority.

But often, if the facts permit, seeking a beneficial plea agreement that reduces prison time and includes a less-serious charge on the person's criminal history record, is the best option. This may include probation instead of prison, which may be beneficial to the client. An aggressive attorney will handle all these issues and seek the best resolution for their client.

Continue reading "Fullerton Man Charged With Embezzling From Newspaper" »

A former city schools secretary pleaded guilty to a charge of misappropriation of funds in exchange for the dismissal of eight other charges of forgery and embezzlement in Los Angeles, the Daily Breeze reported.

In such cases, it's important to select a Los Angeles criminal defense attorney experienced in handling fraud, embezzlement and other white-collar criminal allegations. Financial crimes can be very complex, especially in cases where multiple parties had access to accounts, debit or credit cards or checkbooks. Additionally, as this case illustrates, defendants are frequently overcharged by prosecutors and a thorough review and tough negotiations can frequently result in charges being drastically reduced or even dismissed.

The 47-year-old administrative assistant at Halldale Avenue Elementary School was arrested last October and charged with felony misappropriation of public funds. Authorities allege she was given control of two school accounts shortly after accepting the position in 2005. She also was named treasurer of the PTA and had access to that account, according to the district attorney's office.

The prosecutor assigned to the case indicated he will ask the judge to order the defendant to pay more than $100,000 in restitution. In exchange for the guilty plea, eight other counts of embezzlement and forgery were dropped.

The Los Angeles Times reports the former school employee was sentenced to two years in prison. The Times reports she had also been charged with forging signatures on more than 100 checks by using the names of two principals and two PTA officials.

Continue reading "Los Angeles Fraud and Embezzlement Charges Dropped in Plea Deal with Prosecutors" »

You heard it from our Los Angeles criminal defense lawyers first.

Last month we reported on the white collar theft charges facing city officials in Bell. And we said the real question was how many more Bells were out there. This month, the Los Angeles Times reports that three current and former Irwindale city officials have been charged with five felony counts of misappropriating city funds.

A councilman, the former city manager and the finance director are charged with taking lavish trips to New York City to discuss housing for the poor. The city spent $87 million in affordable housing funds over eight years, but built just 42 homes. A councilwoman also faces one criminal charge.

In the wake of the Bell incident -- in which city leaders were charged with paying themselves excessive salaries -- prosecutors will no doubt be quick to charge other public officials. While complex in nature, many of the investigations will not withstand an experienced defense.

In this case, records dating back to 2003, allege less than 8 hours of meetings were scheduled during a six-night-stay at the Ritz-Carlton. While this might be bad business. And it is no doubt bad politics. It is unlikely that it is a crime.

Unfortunately, defendants charged with embezzlement in Los Angeles are often unfamiliar with the legal system. As shoddy as many such cases are when brought by prosecutors, they count on defendants making statements against other alleged co-conspirators or just generally sticking their foot in their mouths. Your chances of matching wits with professional investigators is virtually zero -- although those odds are still better than your chances of talking yourself out of trouble once you have been brought in for questioning or arrested.

You have the right to remain silent: Use it.

Continue reading "White collar crimes, embezzlement charges in Los Angeles not unlike Irwindale case" »

The City of Bell is certainly up in arms over the revelation that its administrative staff were extremely well compensated. As the New York Times reported, the mayor and former city manager were among eight current and former city officials of the working class town south of Los Angeles, who were arrested this week amid allegations that they were drawing salaries of as much as $800,000.

Those charged with white collar crimes or embezzlement in Los Angeles or the surrounding area need immediate access to an aggressive and experienced Los Angeles criminal defense attorney who can protect their rights. Frankly, as despicable as many find the situation, we have yet to see any evidence of illegality. And we suspect that is precisely what has made it so newsworthy. It is not against the law to pay yourself an insane salary if the proper safeguards were in place, such as approval by an elected council. Throwing people out of office and electing new officials is one thing. Throwing them in jail because no one was minding the store is quite another.

L.A. District Attorney Steve Cooley is no dummy. Being a candidate for Attorney General, he was quick to jump aboard the media train with the announcement of felony charges. "This is corruption on steroids," he said. And the Los Angeles Times is busy tooting its own horn about exposing the alleged corruption. The city's police chief resigned last month, having been paid a salary of $457,000 a year.

Yet these salaries happened because of a lack of attention. Likely the result of hefty raises approved over a period of years by a council that was permitted to act with autonomy and with little or no oversight from the media. The Los Angeles Times last cut hundreds of staffers from its newsroom in recent years. Was there a Bell reporter among them?

The real question is how many more Bells are out there?

Continue reading "White collar criminal charges against Bell City officials little more than posturing" »

Financial desperation often leads to desperate acts. In California, an unemployed money manager lost a fortune and killed his family in a tragic murder-suicide. In Ohio, a 90-year-old widow shot herself as deputies arrived to evict her from her home of 38 years.

The first wave of violent fallout from the current economic crisis seems to be inward. People under severe financial stress who feel there's no way out of their problems are taking the ultimate way out. Calls to suicide-prevention hot lines have risen about 20% in the past year with many of the calls about money troubles. Law enforcement specialists fear crime rates will rise next.

A tremendous number of people in America feel overwhelmed by debt or threatened by the loss of their home or savings or retirement funds. "It's that sense of having the rug pulled out from under them," explained the Rev. Canon Ann Malonee, vicar of Trinity Church in Manhattan, located just a block from the World Trade Towers disaster. Malonee said people's response to the worst economic crisis since the depression is reminiscent of 9/11.

Historically, suicide rates increase during times of economic hardship. And not far behind are crime rates. The longer our economic woes continue, the greater the impact they will have on people's individual lives. Businesses are struggling, bankruptcies increasing, layoffs and plant closings escalating, evictions skyrocketing, and repossessions rising. As the financial noose tightens and people can't pay their bills, they start defaulting on home loans, car loans, credit card payments. Like a house of cards, one financial problem leads to another and another until everything collapses.

The extreme stress takes a toll on people's psyche. Normally rational, patient, hard-working people panic. They convince themselves that pocketing a couple of bills from the register, sneaking office supplies into their briefcase, using a customer's credit card number or shoplifting a couple of items won't hurt anyone. Petty theft, shoplifting, embezzlement, identity theft and fraud escalate when people run short of money. Burglary, robbery and armed robbery are also apt to increase the longer the recession drags on. The news has already reported incidents of bank robbery and ATM holdup sprees.

Just as worrisome is that fact that many people take out their stress on their family. Financial problems are a touchstone for family strife. Social workers worry that domestic violence and spousal and child abuse will escalate, particularly where people turn to alcohol or drugs to avoid their problems.

You should realize that the courts do not recognize desperation as a defense if you commit a crime. If you break the law, talk to a skilled criminal defense attorney about your options. But don't wait until you're at the breaking point. Seek help. City, county and state agencies, as well as many churches, provide many free services.