Southern California Defense Blog

California strongly protects its citizens from individuals who fraudulently write bad checks. A bad check occurs when a person writes a check to a person or a company (such as a utility) knowing that there are insufficient funds to cover the amount of the check, or if the drawer stops payment after writing the check. Often time, people innocently stop payment on a check for a variety of reasons; however, this conduct is prohibited by law.

In order to be convicted for the crime of writing a bad check the prosecutor must prove beyond a reasonable doubt, that at the time you wrote the check, either acting on behalf of yourself or as an agent to another, there was a lack of sufficient funds to cover full payment of the check. The prosecution must also show that you were aware of the insufficient funds at the time and that you acted with the intent to commit fraud.

California Penal Code Section 476a stated that writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can be punished with a sentence of up to one year in county jail. In some cases, this offense can also be filed as a felony with a sentence of up to three years in state prison.

Not only is this a crime, but there are certain civil penalties associated with writing a bad check. California Civil Code Section 1719 imposes the obligation to not only pay the face amount on the check, but also a statutory service charge or a statutory penalty charge. Service charges can add up and be very costly.

This crime, like others, have defenses a person can raise. On important defense is the “good-faith” defenses. This is when a person charged with writing a bad check had honestly believed that he/she had sufficient funds, or was simply absent-minded when writing the check. To be convicted of this crime, a person must have knowingly wrote a bad check.

If you or a loved one is charged with writing a bad check, it is important for you to consult with a skilled criminal defense attorney with knowledge of bad check law. At Wallin & Klarich, our attorneys have over 30 years of experience in helping people overcome allegations of knowingly writing checks without sufficient funds. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

In California, under Penal Code section 470 every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person is guilty of forgery. Moreover, a person may be charged with forgery for

intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket, forged legal documents, a false driver’s license or identification, or by writing a bad check. Under the law, it does not matter whether the alleged victim was actually defrauded. It also does not matter whether the accused later paid back the alleged victim or made other restitution.

It is critical, however, that the prosecution must prove that the accused intended to defraud another person. Someone intends to defraud when he or she intends to deceive another person, or intends to cause a loss of money, goods, or something else of value. An individual accused of passing a bad check is eligible to enter a bad check diversion program instead of serving jail time. Depending on the circumstances of each case, other types of forgery can be charged as either a felony or a misdemeanor. A felony conviction carries prison time, whereas a misdemeanor carries up to a year in county jail. If the alleged forged check involved less than $200, a person is likely to be charged with a misdemeanor offense of forgery.

If you have been accused of fraud or forgery, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of these crimes for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-fraud-bad-check-forgery. We will be there when you call.

A former partner of Morrison & Foerster (MoFo), a prestigious law firm based in San Francisco, and his wife pleaded “not guilty” to felony charges in connection with an alleged scheme to defraud the San Francisco Unified School District, the firm and its health insurance provider out of nearly $400,000 in fraudulent services for their autistic son.

Jonathan Dickstein and his wife Barclay Lynn, both 43-years-old, have been charged with 31 felony counts including grand theft, forgery, insurance fraud, and conspiracy. The prosecution alleges that between 2006 and 2008, the couple set up a fraudulent education company called “Puzzle Pieces” that they used to double-bill the school district and Morrison & Foerster’s then health insurance provider Blue Cross for their son’s in-home autism care. By billing both entities for the same services, the prosecution alleged that the scheme allowed the couple to pocket approximately $100,000 per year.

Dickstein had been a prominent life science attorney for Morrsion & Foerster since he joined the firm in 1999. He resigned from the firm roughly five months ago. Both Dickstein and Lynn are now out on bail after posting $100,000 each. The case is scheduled to return to court in early October.

In California, a grand theft crime is a serious offense that is defined as the unlawful taking of money, labor, or property of another that is valued above $400. (California Penal Code Section 487). The penalties for a felony grand theft conviction include imprisonment for a period of 16 months, or two or three years in state prison.

Forgery is a “white collar” theft crime in California that involves falsely altering documents, signing another person’s name without authorization, or fabricating documents with the intent to defraud another out of money, property, or legal rights. (California Penal Code Section 470). If charged as a felony, a conviction for forgery may include a prison sentence for a period between 16 months and three years in state prison.

If you or someone you know is facing charges of grand theft or forgery, it is imperative that you contact an experienced Southern California criminal defense attorney. With over 30 years of experience, our Southern California attorneys at Wallin & Klarich can help you present the best possible defense in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

If you write a bounced check in California, you can be criminally prosecuted. Under California Penal Code Section 476(a), it is a crime to write a check knowing that you have insufficient funds and the intent to defraud.

If the prosecution can prove that you knowingly wrote a bad check with the intent to deceive another person out of money or property, you will be convicted. This crime does not require proof that you fabricated a false check or wrote false information. The crime is completed the minute you knowingly write a check for an amount you did not actually have.

A knowledgeable criminal defense attorney can raise certain defenses on your behalf. Depending on the facts of your case, a defense attorney can argue that you did not have the necessary intent to defraud because you reasonably believed that there would be sufficient funds to pay for the check amount. Again, depending on your facts, a defense attorney may also present evidence that you had informed the person receiving the check that you had insufficient funds, thus negating any intent to defraud. Without proof that you had the intent to defraud, the charge will likely be dismissed.

Bad check penalties can include a jail sentence of up to 3 years in state prison if the offense was charged as a felony. You will incur a bad check felony charge if the dollar amount of the check (or checks) you wrote exceeded $450. Any amount less than that will incur a misdemeanor charge, which brings with it a maximum jail sentence of 1 year in county jail.

If you would like to learn more, go to www.wklaw.com and read our “Bad Check” section. There you will find quick and relevant information about what options are available to you if you find yourself charged with writing a bad check.

At Wallin & Klarich, our criminal defense attorneys are well-versed in bad check laws and can help in your defense against bad check charges. We have over 30 years of experience handling bad check cases in California. Allow us to use our skill and knowledge to help you in your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

On May 7, 2010, it was reported that the Chula Vista District Attorney's Office is reviewing a complaint that Chula Vista Police Chief David Bejarano wrote fraudulent checks on a private security firm's account that he co-owns. Chula Vista, home of one of the few year-round United State Olympic Training Centers, is the second largest city in the San Diego metropolitan area, as well as the 7th largest city in Southern California. It is found in the South Bay region of San Diego County, and is located just 7 miles from downtown San Diego, and 7 miles from the Mexican border.

In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual. With this definition in mind, check fraud refers to a category of criminal acts that involve making the unlawful use of checks in order to illegally acquire funds that do not exist within the defrauder’s legal ownership. As fraud can be committed through many media (mail, wire, phone, or even the internet), and because fraud has many elements to prove, it is easy to see how many people may be confused when trying to understand the evidence being used against them when they are being charged with a crime such as this.

Unfortunately, many Californians are falsely accused of this very serious offense every day. False accusations can cause irreparable harm to one’s life. The good news is that skilled Chula Vista fraud defense lawyers know the most effective strategies to expose false allegations, and to protect their client’s rights. At Wallin & Klarich, our knowledgeable and aggressive Chula Vista criminal defense attorneys have been defending the rights of those accused of fraud offenses for over 30 years. If you, or a loved one, are being accused of a fraud crime, the time to act is now. Call Wallin & Klarich at 888-280-6839, or visit www.wklaw.com for more information about how we can help you with your case.

The office of the attorney general has published a page on its website dedicated to those who are victims, or suspect they may be victims, of identity theft. Identity theft is currently among the fastest growing crimes in America. It affected approximately 10 million victims in 2008 (a 22% increase from 2007). During these hard economic times, it is vital that each individual protect their financial resources. A large part of doing so is protecting their identity from being duplicated by unscrupulous individuals who might venture to defraud banks and financial institutions in their name.

The attorney general suggests that one of the first things you do if you are a victim of identity theft is to contact the fraud departments of each of the three major credit bureaus and report that your identity has been stolen. Ask that a "fraud alert" be placed in your file. Police reports should also be filed with local police or with the police where the theft occurred. Getting a copy of the police report and retaining it for your records is also very important.

Once the proper authorities have been identified, it is time to begin the process of contacting all of your creditors. Accounts that have been compromised and have fraudulent charges should be closed. Most creditors now have fraud and identity theft departments. Informing these departments of your situation and providing them with copies of your police reports is very important. Carefully monitor your mail and credit card bills and report immediately any new fraudulent activity to credit grantors.

Finally, it is of the utmost importance that anyone who has been a victim or suspects that they may be a victim of identity theft, obtain copies of their credit reports and monitor them frequently. There are many new services on the market that offer to do just that; alerting you if somebody tries to open an account in your name.

This article is provided as a free service by Wallin & Klarich for their blog readers. For more information, please see the full article on the Attorney General’s website: http://www.ag.ca.gov/idtheft/tips.htm. You can also contact us today at 1-888-280-6839 to find out more about your case, or visit us online at www.wklaw.com to learn more about what can be done.

Orange County Couple is Arrested in State’s Biggest Fraud Case Ever, and Need an Experienced Criminal Defense Attorney

A Laguna Hills couple has been arrested on charges of alleged fraud in California of nearly $30 million in insurance premiums. 50-year-old Michael Vincent Petronella and his 44-year-old wife Devon Lynn Kile are facing 106 felony counts including conspiracy, insurance fraud, tax charges and theft and are facing up to 102 years in prison.

The couple was arrested after a three year investigation concluded last week as authorities confiscated $500,000 worth of jewelry, $51,000 in cash and “an application to the ‘Real Housewives of Orange County’ reality show.” The couple owns a roofing company, among other businesses, and have allegedly been misreporting their employees’ injuries and falsifying papers for uninsured workers that were injured.

Joe Angelo has known the pair for many years and is representing Petronella, while Kile is being represented by a public defender due to the confiscation of the couple’s assets. Angelo has argued that the district attorney’s office has been using a “worst-case scenario” model for the case when calculating the underpaid premiums and he continues to fight for the couple.

With such serious charges, an experienced California criminal defense lawyer is essential to the defendant’s chance of success in a case like this. The Petronellas are facing the possibility of spending the rest of their lives in prison. They and anyone else who is facing serious criminal charges need the best possible legal representation they can find.

Wallin & Klarich has over 30 years of experience in criminal defense and are here to give you the help you need in your criminal case. Our aggressive California felony defense attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Anthony Razo, a 49-year-old former police officer for the Los Angeles Police Department pled guilty on Tuesday April 7, 2009 to charges of California insurance fraud and filing a false police report; he was immediately sentenced to one year in jail and three years probation.

Razo admitted to making up a story about two Latino males with shaved heads attacking him and shooting him in the shoulder. He told Judge Norm Shapiro that he was alone when he got wounded and that the men in fact do not exist. Razo also admitted that he intentionally set his BMW on fire and falsely reported it stolen back in January. He also admitted that he filed fraudulent claims against his insurance policies as part of his plea agreement.

Razo’s attorney, explained, “Unfortunately, there are officers suffering from job stress, family issues, financial difficulties or mental problems who feel they have nowhere to turn."

It is crucial to know that when you or a loved one are facing serious criminal charges you should immediately contact an AV rated California criminal defense law firm to help you. With an experienced criminal defense law firm fighting for you your chances of a positive result will increase dramatically.

Wallin & Klarich has over 30 years of experience in criminal defense and will get you the help you need in your case today. Wallin & Klarich has experienced Los Angeles criminal defense attorneys that are available to take your call 24 hours a day 7 days a week so you always have somewhere to turn. Call Wallin & Klarich today at 888.280.6839 and visit our website at www.wklaw.com.

According to a report in the Los Angeles Times, a mistrial was declared in the California fraud trial of Matthias Vheru, 53, who was accused by prosecutors of conning the district into placing a $3.7 million order to buy math textbooks that he had written. The math teacher who was the interim director of mathematics in 2004, allegedly persuaded the district to purchase about 45,000 copies of an algebra book he wrote. As a result of the district’s purchase, Verhu received approximately $930,000.

Following more than a week of deliberations, the jury was unable to reach a unanimous verdict, which is required to find Mr. Vheru guilty of the fraud charges. The panel was reportedly hung at 11 to 1 in favor of acquitting Vheru. The U.S. Attorney’s office has until March 23rd to decide if they want to retry Vheru.

Vheru’s fraud defense attorneys argued that their client obtained the proper approval from both the mathematics department and the accounting office before placing the order, and that disclosing royalties on the sale of books was not part of L.A. Unified’s policy.

Results such as the one in this Los Angeles fraud case do not happen by accident. They are the result of the work of an experienced Los Angeles criminal defense attorney. While white-collar crimes like fraud and forgery do not carry the negative social stigma that many other crimes do, they are nonetheless extremely serious charges.

Continue reading "Experienced Criminal Defense Attorney Obtained a Mistrial for Teacher Accused of Defrauding LAUSD" »