In general, people have the idea that most white collar crimes are not that serious and often result in either misdemeanors or fines. While this is often true, in high-profile cases or examples of repeat offense, the defendant is likely to be faced with additional charges like conspiracy, forgery, and fraud. This short guide will explain how white collar crimes most commonly become felony charges.
1. Conspiracy Penal Code § 182
Conspiracy is a term we hear on the news all the time is defined in California Penal Code 182 as “if two or more persons conspire to commit any crime, or falsely indict another for any crime, or falsely move or maintain any suit, action or proceeding, or cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses.” What does this actually mean in real terms?
Here is one of the best examples that explain conspiracy. Let’s say a group of individuals decides to rob a bank. As part of this, they need a hotel room where they can lie low after the robbery. Even if you didn’t participate in the crime, but simply rented the hotel room for those that did, you could be charged with conspiracy because you are assisting them in furthering the action.
In this case, the prosecutor would have to prove you know fully rented the hotel room with this express purpose. It’s important to note that conspiracy is a “wobbler” and can vary between being a misdemeanor and felony depending on the type of crime it is related. In the robbery case, for example, this would be a felony conspiracy charge.
2. Forgery | Penal Code § 470
Forgery is another common white-collar crime. It can happen in many different ways. If you sign someone else’s name without their authority, that is a forgery. It also extends into a wide array of areas such as falsifying documents like land deeds, stock records, bank statements and so on.
There are two parts to a forgery charge. The first is that the defendants did one of these actions. The prosecutor also has to establish that the individual acted intentionally to defraud a person or institution.
For example, if a man finds somebody else’s checkbook on the ground and starts using it to pay for items, that is a forgery. Even if a person unknowingly does this, he or she may still be charged with forgery if something like a forged check is successfully used. It is important to note that forgery specifically refers to money or property so a fake endorsement or recommendation letter would not count unless the drafter attempted to defraud another person for fiscal gain.
Like conspiracy, forgery is also a wobbler. The prosecutor will consider criminal history and the size of the fraud and loss. Do note, that even charged as a misdemeanor the person can face up to a year in jail and up to three as a felony as well as fines and other forms of restitution.
3. Fraud and Bribery
Fraud and bribery also fall into similar categories as conspiracy and forgery. Although theft and burglary often have severe criminal penalties, fraud crimes can be treated even more harshly because they are a fundamental violation of trust principle in society. For example, it is a crime to just even be in possession of a stolen or fake credit card.
Likewise, the vast majority of bribery cases relate to public officials and trying to gain influence. Any charges of this sort will automatically be placed in the felony category.
What Should You Do If You are Charged with a White Collar Crime? Every person should know that these charges are very serious. Even if you have a clean, criminal background and have evidence that helps prove there was no “criminal intent,” you can still face a felony conviction. For that reason, it’s essential for you to have expert legal advice to reduce penalties and hopefully even get an acquittal.