Southern California Defense Blog

The California Courts of Appeal for the Fourth District recently held that an individual may be guilty of embezzlement even if that person intended to return the property in the future. Jorge Casas, a car salesman, was carrying out a trade-in transaction with a customer. To complete the exchange, it required Casas to drive the trade-in to the customer’s house to collect a $1,500 down payment. Casas turned a standard procedure into a 400 mile road trip in search of drugs. He was charged with embezzlement and convicted of the crime. On appeal, Casas argued that he did not intend to permanently deprive the owner; however, the conviction was upheld.

The white collar crime of embezzlement, as defined in California Penal Code § 503, is the fraudulent appropriation of property by a person to whom it has been entrusted. The prosecution is required to show that (1) the owner entrusted the property to the defendant, (2) the owner did because he/she trusted the defendant, (3) the defendant fraudulently used or converted the property for his own benefit, and (4) the use was intended to deprive the owner of its use. Under this fourth element, however, the defendant has the requisite intent if the use significantly interferes with the owner’s enjoyment of the property.

The punishment for embezzlement depends on the value of the property. Embezzlement is a misdemeanor offense when the value is $400 or less, which carries with it up to 6 months in county jail and a maximum fine of $1,000. When the value exceeds $400, then it is felony embezzlement, which is punishable of up to 3 years in state prison and a maximum fine of $10,000.

Embezzlement often occurs in the workplace where employees are entrusted with valuable items by virtue of their employment. It often happens in these workplace situations that people are charged with embezzlement when in fact they may have been absent-minded or merely forgetful. Therefore, it is important to have an experienced attorney look at the unique facts of your case and zealously defend you against embezzlement accusations. Our attorneys at Wallin and Klarich have over 30 years of experience handling countless embezzlement cases and will raise all viable defenses to aggressively protect your rights.

Please call Wallin and Klarich today at 888-280-6839 or visit our website at www.wklaw.com to speak with one of our Orange County embezzlement defense attorneys regarding your matter. We will be there when you call.

Belinda Exon, the former president of Rehab Financial Services, a Huntington Beach company, plead guilty to the embezzlement of $3.9 million from 23 California cities. Exon’s now-defunct company kept federal housing grant money in escrow meant for city governments for herself to buy land in Arizona and fund two companies for herself.

Exon, who relocated to Phoenix, agreed to a plea agreement in which she pled guilty to one felony count of embezzling money from organizations that receive federal funds. The agreement suggests Exon receive a prison sentence of 3 years and 10 months, and forfeit the property she bought with the embezzled funds. The charge can carry a maximum of 10 years in prison.

According to Exon’s plea agreement, she embezzled than $1,021,000 from San Francisco, $751,000 from Pomona, half a million dollars each from Seal Beach and Huntington Park, and more than $100,000 from Rosemead, Buena Park, and Montebello. Smaller amounts were embezzled from Fullerton, Camarillo, Santa, Cruz, Encinitas, Hemet, and others.

If someone entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement. If you are facing embezzlement charges, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

It is vital that you have an experienced Orange County criminal defense attorney by your side if you are ever accused of a theft-related crime. At Wallin & Klarich, we’ll guide you through the legal system and get you the best possible result in your case. If you or someone you love has been accused of a crime in California, contact the experienced Southern California embezzlement attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.

An Oceanside police sergeant recently pleaded guilty to charges of “receiving stolen property and knowingly accepting items purchased with embezzled funds,” according to a recent report by San Diego News 10. The man had been with the Oceanside Police Department for 10 years and was quoted as being a “rising star” in the department when he was charged. Allegedly, the man was romantically involved with a woman who had been embezzling money from a construction company at which she was employed. Prosecutors claim that the man knowingly received over $54,000 in items from the woman that he used to update his home, including mahogany wood flooring and flat-screen television sets. The officer now faces a prison sentence of 365 days in county jail.

Under California Penal Code section 496, it is a crime to knowingly buy, sell, receive, conceal, or withhold stolen property. If, for example, you buy or receive a car stereo from a person with knowledge that the person who is providing it to you has received it unlawfully, you can be prosecuted for receiving stolen property under Penal Code section 496. Depending on the severity of the case, a conviction can result in a prison sentence of up to one year in state or county jail.

Continue reading "Police Officer Pleads Guilty to Receiving Stolen Property - California Penal Code Section 496" »

According to California Penal Code Section 503 Embezzlement is “the fraudulent appropriation of property by a person to whom it has been entrusted.” In other words, if some one entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement.

For instance, if your boss hands you a bag full of money to deposit at the bank and you intentionally use the money for something else, you’re guilty of embezzlement.

Embezzlement can have serious consequences including state prison time depending on the amount money or value of the item or items embezzled. In addition, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

Continue reading "Embezzlement: What is It?" »

Comedian Dane Cook’s Brother Arrested

Comedian Dane Cook’s half brother embezzled millions of dollars from him and was arraigned on felony charges that include larceny and forgery. Cook’s Brother is facing years in prison. He will need an experienced embezzlement defense attorney to help him in this matter and to get him the best possible outcome. If you or a loved one is facing these types of charges or if you believe you are being investigated contact our office, one of our experienced defense attorney’s at Wallin & Klarich will help you and will protect your rights.

These charges and any type of theft charges are considered crimes of “moral turpitude”, meaning it is a crime of deception. Because they are charges of “moral turpitude” they can hinder you from maintaining employment or from future employment. And if you are in the process of or thinking of becoming a U.S. Citizen this can keep you from doing so.

Therefore, it is essential to have an experienced felony defense attorney on your side who will advocate for your rights and future.

People v. Akhile

For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must.

In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison. Deportation proceeding began in 1993 and the Board of Immigration Appeals affirmed his deportation based on the 1992 conviction. Appellant argued that he did he was never aware of the immigration consequences of his plea.

Upon review, the record reflected that the Trial Court informed the Appellant of the immigration consequences at arraignment but not at the time of the plea. On appeal, the court vacated Petitioner’s plea on the basis that California Penal Code section 1016.5 requires that the Trial Court advise defendants of the adverse immigration consequences at the time of the plea.

Why is this case important? Because in instances where a Defendant was convicted of a white collar crime and the Trial Court fails to advise him or her of the immigration consequences at the time of plea, there are very good grounds to have the plea vacated.

Continue reading "Immigration Law and Vacating a Plea" »

Embezzlement is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment.

Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty. Accusations of embezzlement are extremely embarrassing and can oftentimes ruin an individual or an entity’s reputation. Furthermore, an embezzlement conviction may result in hefty fines and/or a prison sentence of up to 20 years depending of the value of assets taken and other factors in the case.

To ensure your legal rights and interests are fully protected, it is important to retain a highly qualified and experienced criminal law lawyer from Wallin & Klarich who has knowledge of embezzlement law and can help reduce the charges, or even get an acquittal.

Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.