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" »

The owner of a swank Beverly Hills skin care studio to Hollywood stars was recently sentenced to probation, home confinement and community service for scamming customers out of thousands of dollars in fraudulent credit card charges, The Los Angeles Times reports.

Los Angeles fraud defense attorneys have years of experience representing people charged with fraud and other types of crimes typically heralded as being "white collar" crimes. This means crimes involving money and theft in Los Angeles rather than crimes of violence.

In this case, the salon owner, 52, was accused of racking up about $68,000 in unauthorized charges on a credit card belonging to a high-end jewelry designer.

The designer told investigators that several other high-profile victims said unauthorized charges began popping up on their credit card statements after they made payments at the salon studio.

After an investigation by federal authorities, it was revealed that American Express found more than $214,000 in fraudulent charges made by the salon over a five-month period in 2009. Those were charges just to one actor on two credit cards.

Charged in federal court rather than state court, the salon owner was sentenced to five years of probation, including nine months of home confinement and 3,000 hours of community service.

According to 2009 statistics compiled by the FBI, there were more than 615,000 reported cases of larceny theft that year. While that can account for petty thefts, it also includes theft of money from cases such as credit card theft.

With the advent of the internet and the ability for people to scam credit cards through phishing machinery and other devices to steal credit card information, the crime has become more prevalent in our society.

And while companies lose money when it gets stolen, they also lose money in hidden costs and fees from trying to deal with the negative publicity and refunding customers. It's a big hassle and when money's involved, companies usually press police to better enforce the law.

Sometimes, innocent people are ensnared in the long arm of the law and need aggressive defense attorneys to have their backs. That's where we come in. Our firm handles all areas of criminal defense in Los Angeles and Southern California.

We will diligently look over all aspects of your case, study the police reports and statements, challenge search warrants and what evidence the state or government believes it has against our clients. Because being thrown into the criminal justice system requires an advocate who has been there for countless other citizens charged with a crime.

These crimes are sophisticated and must be defended by a law firm that has handled these types of cases before. If you or a loved one is charged with a white collar crime, not only your freedom, but your finances could be on the line because prosecutors often try to get restitution or forfeiture of assets in financial crimes. So, fight every aspect of the case.

Continue reading "Beverly Hills Salon Owner Sentenced in Credit Card Fraud Case" »

San Bernardino County authorities allege a former Los Angeles police detective is involved in a theft and securities fraud scheme that involves millions of dollars and many fellow officers, The Los Angeles Times reports.

While this case will get a lot of media attention because the defendant is a former cop, it should be noted that many white collar crimes in California are difficult to prove in court. While they may be easy to prove in the public arena, Los Angeles white collar attorneys know the extensive research needed to defend someone from these types of serious crimes.

The Times article states the detective is charged with 10 felonies, including the sale of false investment securities, the sale of securities without a license and grand theft.
She is accused of violating state laws that establish the terms under which people can sell securities and real estate.

Prosecutors allege she illegally assured investors she would sell a piece of her own property to reimburse them if deals went sour. She also allegedly lied to investors about investment properties being secured by official deeds or trusts. Investors were promised a high rate of return, but they received nothing.

The detective said, according to The Times, she was duped by a 70-year-old bishop of a South Los Angeles church, who was arrested on an unrelated fraud charge. She said the bishop persuaded her to give him the cash she raised to help him catch up on payments on his church and other properties.

Los Angeles theft cases involving real estate can be especially tricky because the entire premise of investments is that they can go bad. With the country trying to bounce back from a recession and people losing money left and right, it's not uncommon for investors who are left sour after a transaction to claim the person making the investments is a crook.

Also in white collar crimes, judges can order the defendant to pay back restitution if the state proves the crime. That's on top of possible prison time, probation and other conditions. These are serious charges and they should be handled by attorneys that have decades of experience handling Los Angeles white collar crimes.

Continue reading "Ex-LAPD Detective Charged in Alleged Real Estate Scam" »

A couple is facing charges of theft from the elderly in Los Angeles after authorities say they stole more than $600,000 from an 85-year-old Laguna Woods woman, NBC News reported.

A Los Angeles criminal defense lawyer experienced in handling financial crimes will need to represent the defendants in this case. These are complex crimes. Allegations are often unfounded. Frequently siblings or other relatives are involved. And the criminal consequences can be severe. Too often, these crimes also involve defendants who are unfamiliar with the criminal justice system. In such cases, they sometimes cooperate with authorities, or give statements, in the hopes of talking their way out of being charged. This is almost always a mistake. We believe your best bet is to remain silent and speak to a qualified defense attorney as early as possible in an investigation.

In this case, the 57-year-old defendant from Laguna Niguel is facing two felony counts of accessory after the fact and receiving stolen property, as well as one count of second-degree burglary. His 51-year-old wife is charged with a felony count of caretaker theft from an elder, 34 counts of fraudulent use of a credit card, 24 felony forgery counts and a first-degree felony burglary charge.

She also is facing sentencing enhancements for loss of more than $150,000, white-collar crime of more than $500,000 and property loss of more than $200,000. Both have pleaded not guilty and are being held on $610,000 bail.

Investigators displayed more than 100 pieces of jewelry and believe there might be more victims. The female defendant is accused of using stolen money on Lasik eye surgery, private schools for her children, travel and personal items. She allegedly spent more than $20,000 caring for her dog.

Continue reading "Couple faces charges of theft from the elderly in Los Angeles" »

Two men facing burglary charges in Los Angeles reportedly ran from a store with about $20 worth of beer and snacks.

And into a sheriff's cruiser sitting in the parking lot.

Humorous? Perhaps. But what is serious is the need to select an experienced Los Angeles defense lawyer to handle charges that can arise when a drunken escapade goes wrong.

Burglary can be a serious felony charge. A misdemeanor shoplifting charge would be more appropriate. How a defendant is charged is heavily dependent upon the discretion of law enforcement and prosecutors.

What they are convicted of rests on the shoulders of their choice in defense attorneys. This case could result in anything from dropped charges and a clear record, to a felony mark on their permanent criminal record.

The Mercury News reports the two entered a Chevron Food Mart in La Mirada about 4 a.m. and rushed out with $18.76 worth of beer and snacks. Several Los Angeles sheriff's deputies were parked in squad cars in the parking lot. The men were chased down and captured before they got to a car.

The defendants, a 29-year-old Costa Mesa man and a 19-year-old Victorville man, are charged with burglary and petty theft.

The Orange County Register reports the store caught the Jan. 23 incident on surveillance video.

Continue reading "Men face burglary charges in Los Angeles for shoplifting from convenience store" »

Lindsay Lohan is back in the news, facing felony theft charges in Los Angeles after allegedly taking a $2,500 necklace from a Venice jewelry store.

Lohan pleaded not guilty to felony theft during an appearance in Los Angeles County Superior Court. However, Lohan's attorney indicates she may be willing to plead out as part of an agreement that will allow her to avoid jail time, according to the L.A. Times.

Typically, an experienced Los Angeles criminal defense attorney might be able to seek a plea agreement that would allow a client with no previous criminal record to avoid jail time, even when a theft charge is filed as a low-level felony. But even for a cat with nine lives there is a limit and Lohan might be about to find that out the hard way.

For starters, the theft is the latest in a long string of probation violations, which always complicate new criminal charges. Too often, defendants ignore the potential threat caused by probation violations. It's worth noting that, until now, all of Lohan's legal problems have been the result of probation violations stemming from a drunk driving conviction.

Further complicating the case is the fact that she has been slapped with a felony. Under California law, grand theft applies to items valued at more than $400 and can be charged as either a misdemeanor or felony.

Even more serious charges can apply when burglary or robbery is alleged, which is not the case here. The difference between burglary and robbery is that robbery alleges the use or threat of force.

Petty theft or shoplifting charges in Los Angeles generally apply in cases where the value of an item is less than $400. Certainly the valuation of this "one of a kind" necklace will be one area where her attorney will seek to work for lesser charges.

The judge revoked Lohan's bond in the 2007 drunk driving case and she posted a new $40,000 bond and was released. She was also ordered to stay away from the store. The judge told her she is now facing a felony and that she must maintain strict compliance or face a return to jail.

Continue reading "Lohan's Los Angeles Theft Charge Illustrates Difference in Property Crimes " »

The operators of two talent service companies are facing fraud charges in Los Angeles after authorities allege the companies violated the state's talent scam prevention law, according to the L.A. Times.

The allegations have been levied against the operator of Hollywood Stars Management and VIP Talent Web, as well as the operator of ActorsOnSet.com. It is the latest move to crackdown on talent management and services companies. Each face more than a dozen charges, including charging advanced fees to actors, not posting a $50,000 bond, and failure to provide artists with written contracts and the required disclosures. Other charges include grand theft and false advertising. The case resulted from complaints filed by actors. In all, more than two dozen complaints were filed.

A Los Angeles criminal defense attorney should always handle allegations of fraud or other white-collar criminal allegations. If convicted, the defendants face 7 to 13.5 years in prison and more than $150,000 in fines. They are scheduled to be arraigned later this month in Los Angeles County Superior Court.

One of the operators called the charges "baseless" and said his fees and practices are legal, according to The Times.

The companies are the first to be charged under the Krekorian Talent Scam Prevention Acto of 2009, which prohibits agents, managers and other talent representatives from charging actors fees other than commissions.

Continue reading "Talent companies facing charges of theft and fraud in Los Angeles " »

Two men are facing credit card fraud charges in Riverside County after being accused of using fraudulent credit cards at four casinos, the Orange County Register reported.

The men, ages 42 and 27, were arrested in Los Angeles on suspicion of fraud and burglary. Both are on parole and one is reportedly a previously deported felon. They were both being held in Indio Jail. Both men were allegedly recorded withdrawing large amounts of cash at a Rancho Mirage Casino after authorities arrived in response to a call from Nordstrom Visa. Authorities say they were arrested trying to make a cash withdraw at an Indio casino and are believed to have attempted to use the credit cards at two other casinos.

ATMs and the Internet have led to a host of fraud, identity theft, credit card theft and Internet fraud charges in Los Angeles and throughout Southern California. These are often complex criminal cases and should always be handled by a Los Angeles criminal defense lawyer experienced with handling financial crimes and criminal cases in federal court.

Police say the men were using cards with their names printed on them and fake account information. Police reportedly found equipment used to make counterfeit cards, along with fake identification, in a search of one of the defendant's houses in San Juan Capistrano.

An experienced defense lawyer may also challenge the legality of such a search. In cases where illegal search and seizure can be proven to have resulted in the collection of evidence, such evidence is frequently thrown out of court. In such cases, a reduction or dismissal of the charges often results.

Continue reading "Los Angeles arrest alleges credit card fraud charges in Southern California" »

A 61-year-old Hawthorne woman has pleaded guilty to a pair of wire fraud charges for defrauding insurance companies of nearly $1 million by conducting fake funerals, according to Southern California Public Radio.

A Los Angeles defense lawyer experienced in handling fraud and theft charges in federal court should always represent defendants charged by the federal government. Significant differences exist between state and federal court and a client will be best served by finding an attorney who frequently handles federal criminal charges.

In this case, the woman faces up to 40 years in prison. She had been set to go to trial this week in U.S. District Court in downtown Los Angeles. A 68-year-old co-defendant is also facing a trial on five counts of mail and wire fraud.

Authorities allege that the women collected nearly $1 million from insurance and lending companies by purchasing policies for non-existent people, killing them off, and then staging their funerals.

The women, who worked as a phlebotomist and in a mortuary, allegedly filled caskets with various materials to make it appear as though they contained corpses. After the funerals, they allegedly filed documents that the bodies had been cremated and buried at sea. The insurance policies were worth $50,000 to $450,000 and collections as large as $250,000 were made.

Continue reading "Los Angeles federal fraud charges accuse women of staging funerals for fake people to collect real insurance " »

In what sounds like one of David Letterman's Stupid Human Tricks, a California couple confessed on Dr. Phil that for the last 7 years they had been shoplifting toys and selling them on eBay. The couple, Matthew Eaton, 34, and his 26-year-old wife Laura, told a national TV audience they had made more than $1 million stealing from stores in several states and reselling the stolen merchandize online, a crime known as e-fencing. When the couple confessed on camera, an incredulous Dr. Phil said, "I'm no lawyer or cop, but isn't that a federal crime?"

A San Diego federal grand jury certainly thought so, recently indicting the two. Investigators raiding the couple's San Marcos home found more than 500 boxes of toys and other items.

The Eatons told Dr. Phil that they often used their three toddlers as decoys during shoplifting excursions. "Sometimes we just kind of go in together as a nice little family to make it seem like we're normal people, and we don't look like the kind of people that steal," Matthew said.

The Eatons said they were telling their story to help them stop shoplifting. Dr. Phil warned the Eatons to stop, but four months later they were still at it. At a court hearing last week the Eatons pled no guilty. They are being held pending bail, and their children have been placed with relatives.

Stealing something from a store is shoplifting. When the property stolen is valued at $400 or less, it is considered petty theft in California. When objects stolen are valued over $400, shoplifting is considered grand theft which carries more stringent penalties. To find out more about the crime of shoplifting and your legal rights, visit the website of experienced Los Angeles criminal defense attorney Stephen Rodriguez.

Bernie Madoff isn't the only con artist stealing millions from gullible investors. Investment scams have increased since the economy tanked. Investors are looking for a quick way to recoup losses and con artists are only too happy to relieve them of their cash. Here's how the top five scams work:

• Ponzi schemes lure investors with promises of high returns. Money from new investors is used to pay off early investors until the pyramid collapses. Most investors lose everything.


• Real estate investment cons promise high returns for flipping real estate. Investors lose when rehabs are never performed or property is located in undesirable locations.


• Investment/financial-adviser fraud occurs when an unscrupulous advisor takes advantage of a client's lack of oversight. Funds may be embezzled, the cost of services inflated or fictionalized services charged.


• Oil and gas investment scams assure quick profits on oil and gas ventures that never get off the ground. Watch out for unregistered securities.


• Affinity fraud targets a group -- family, church, work -- with which the con artist has a personal connection, using personal influence to dupe people into fraudulent investments.

Fraud is theft. "In California, theft crime charges can range from a minor shoplifting charge (for stealing something valued under $400) to grand theft, which can be charged as a felony and could require a state prison sentence," said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, fraud is a wobbler, "a crime that can be prosecuted or charged as either a misdemeanor or a felony," explained Rodriguez. The nature of the crime, dollar amount involved and defendant's prior record can influence the charge. With the severity of sentencing hanging over wobbler offenses, expert legal representation is critical. "The right attorney can tip the justice scales in favor of a misdemeanor and minimize the impact of a wobbler crime," Rodriguez said.

-Legal Pro

A respectable family man, father of four, church deacon, soccer coach and community volunteer put on a wig and mask, took his gun out of the nightstand and tried to rob a bank before surrendering to police. A music minister used a handgun to force tellers to clean out their cash drawers then led police on a high-speed chase before surrendering. A policeman, pillar of his community and former high school valedictorian was arrested for robbing his hometown bank.

Armed robbery is the most dramatic, but burglary, theft and shoplifting are also on the rise. What's unusual is that the crime wave is being committed by the most unlikely crooks, upstanding citizens who have fallen on such hard financial times that theft seems to be the only way out. In each of the cases noted above, the individual charged had fallen into a deep financial hole. Desperation driven by the poor economy, job loss or threat of foreclosure seemed to push each person over the edge from law-abiding citizen to wanted criminal.

Recent robberies committed through Craigslist ads are another example of recession-driven crime. Across the country people have been lured by Craigslist bargains only to be robbed when they show up, cash in hand, to purchase the bogus merchandise. Law enforcement officers offer the following tips for avoiding becoming the victim of an online theft scam:

• Keep control the meeting location by choosing the place and time.


• Meet in a public place with other people around.


• Transact business during daylight hours.


• Never go to the meeting site alone.


• Never take cash. Take a personal check, money order or use an online payment service like PayPal.


• If it seems too good to be true, it probably is!

In California theft is a serious crime and armed robbery can result in prison time, restitution, and loss of professional certificates and licenses. Even if life feels desperate, theft "comes with a lifetime of social judgment," warns experienced Los Angeles criminal defense attorney Stephen Rodriquez. "Trust cannot be bought. In all circles, honesty is highly valued. A criminal record of theft charges is hard to shake."

If you are charged with theft or robbery, the early hiring of a skilled Los Angeles criminal defense attorney is crucial. An experienced theft defense attorney like Stephen Rodriguez understands the potential life-changing effect a theft charge can have and will provide the aggressive defense you need. An expert criminal defense attorney may even be able to arrange alternative sentencing so that you can avoid going to jail. If you have been charged with a theft crime, contact Stephen Rodriguez & Associates for a free evaluation of your case.

Identity theft is California's fastest growing crime. Stealing another person's identity or personal information and using it to commit fraud or access another person's finances is a serious crime in California. A national wave of high-profile identity theft cases has prompted the Federal Trade Commission to tighten federal regulations governing the storage of online documents and require identification verification, both online and onsite (see our May 4 post).

In California, identity theft crimes include:

• Internet identity theft - Using another person's credit card to make Internet purchases.


• Credit card theft - Using someone else's information to apply for a credit card or making purchases with someone else's credit card.


• Bank identity theft - Using another person's information to apply for a mortgage or loan or open a bank account.


• Counterfeit - Creating or altering credit cards, a driver's license or official records such as medical records or a marriage license.


• Forgery - Signing someone else's name on checks or credit/debit card purchases.

In California, it is also against the law to sell, transfer or publish personal information or account numbers to another person for money or goods. Under California law, criminal defense against identity theft hinges largely on what the prosecutor can or cannot prove. Expert Los Angeles criminal defense attorney Stephen Rodriguez notes that, to convict, the prosecutor must prove all of the following:

• The defendant must have willfully obtained the personal identification of another individual.


• The defendant must have obtained the information without the individual's permission or authorization.


• The defendant must have used the information for an unlawful purpose, including obtaining credit, goods, services or medical records in the victim's name and without the victim's consent.

In California, identity theft can be charged as either a misdemeanor or felony, depending on the seriousness of the harm to the victim, the amount of financial damage, the defendant's prior record and the sophistication of the crime. If you engage in identity theft on the Internet, because the Internet crosses state lines, you can also be charged with a federal crime. Representation by an experienced criminal defense lawyer is critical. An expert criminal defense attorney understands how to prepare a strong defense and may even be able to get the charges dropped or alternative sentencing assigned that will keep you out of jail. If you've been charged with identity theft, contact the law offices of Rodriguez, Lewis & Kahn for a free, confidential evaluation of your case today.

The Federal Trade Commission this month started enforcing new rules geared to fight identity theft, the fastest growing crime in the U.S. Tightening regulations that govern how online documents are stored and requiring verification of identification, both online and off, is expected to trim the number of identity-theft complaints. Last year, 314,000 Americans filed identity-theft complaints with the FTC. A rash of stolen identity cases seems to have swept the country in the past year, causing problems for thousands of citizens. From stolen VA medical files to theft of utility account information to driver's license records tossed in the trash, lack of due diligence and sometimes plain old common sense has incensed Americans.

While credit card fraud topped the complaint list, ID theft cases involving utility accounts opened under someone else's name (leaving the unaware consumer to pay the bills) accounted for 13% of cases reported to the FTC. Stolen identities used to commit medical fraud led to 1.3% of complaints. Under new FTC regulations, all health care providers must initiate a plan to verify the identity of patients. For example, patients may have to present a driver's license to verify their identity when they visit their physician.

It is hoped that new FTC regulations, most of which are clerical in nature, will provide necessary guidelines and procedures to help businesses and institutions adequately protect the personal information of their clients. People should expect a few more identifying questions when they call a company or go online to access their account. Presentation of a photo ID to verify identity when conducting business in person is expected to become the norm. The new regulations require that utility and medical information be kept locked when not in use and shredded when destroyed.

Identity theft is a serious crime in California, warns expert Los Angeles criminal defense attorney Stephen Rodriquez. California's fastest growing crime, identity theft is a type of fraud in which someone uses another person's name, Social Security number, date of birth, mother's maiden name, driver's license number, account number, password, or other personal identification information without authority or falsely poses as another individual to commit fraud or gain access to the other person's finances. Identity theft can carry significant consequences with severe penalties. More on Wednesday.

As if it isn't bad enough to be laid off and scrambling to find a new job, identity thieves are making life more miserable for unsuspecting job-seekers. From fake job-search services to bogus help-wanted ads, identity thieves are targeting recently unemployed workers in Los Angeles, California and across the country with attempts to steal and use personal information. According to the Federal Trade Commission, job-search fraud is one of the fastest-growing aspects of identity theft in America.

"There are so many people out there who are desperate to find a job," Linda Foley, executive director of the Identity Theft Resource Center, a nonprofit San Diego watchdog group, told reporter Richard Burnett of The Orlando Sentinel. "Unfortunately, identity thieves are taking advantage of people in these uncertain times."

Luring job seekers with promises of assistance from employment agencies, resume postings on career sites and want ads, identity thieves require job hunters to post personal information and social security numbers to take advantage of offers. Bogus sites mimic legitimate service providers and even some government sites, lulling job seekers into a false sense of security. The majority of job-search fraud is tied to false help-wanted ads which have quadrupled in the past three years, warns Foley. Thieves use culled personal information to wreak financial havoc, destroy their victims' credit, open bank accounts, obtain credit cards, loans, cell phones and utility services.

In California, "identity theft is fraud," warns expert Los Angeles criminal defense attorney Stephen Rodriguez. "Falsely posing as another person is a criminal act and carries serious penalties." Identity thieves illegally obtain and use another person's personal information "to commit fraud and other illegal activities," Rodriguez explained. Common types of identity theft include internet identity theft, credit card identity theft, computer identity theft, bank identity theft, social security identity theft and credit union identity theft.

The fastest growing crime in the U.S., ID theft affects millions of Americans every year and costs the FBI an average $15,000 per case to investigate. To be convicted of identity theft in California, the prosecutor must prove that the information was obtained willfully and without authorization and that it was used unlawfully. Victims of identity theft should immediately contact their local law enforcement agency; however, if you are accused or charged with identity theft, contact the experienced criminal defense lawyers at the law offices of Rodriguez, Lewis & Kahn immediately.