Securities/Investment Fraud in San Diego

Security frauds are crimes committed by anyone who manipulate illegal money raising schemes. Such frauds could be committed by qualified and
knowledgeable bankers, lawyers, managers, business entrepreneur or
employers/employees.

Penalties for security frauds are heavy even though the crimes could be charged as misdemeanors or felonies. The definition of securities in security fraud crimes is extremely complex in which the California Supreme Court exercises discretion on convictions and penalties on a case by case basis.

A security refers to a business arrangement in which the ownership stake
in the business is parked under an individual to be entitled for a repayment of debt. This could refer to:

  • Stocks in a company
  • IOU note from company to individual
  • Profit sharing certificate
  • Limited liability company benefit
  • Benefits from a limited business partnership

Securities fraud is difficult to pinpoint because its definition is not clear. Many securities-related incidents need not be a fraud by law.

Real Estate and Mortgage Fraud ( Foreclosure, Rent Skimming, Forged Deeds).

Real estate fraud or mortgage fraud is part of criminal frauds in California. Categories of real estate/mortgage fraud include:

  • Mortgage fraud
  • Foreclosure fraud
  • Rent skimming
  • Real estate deeds fraud
  • Property flipping

These real estate frauds could be charged and prosecuted under the California:

  • Civil code 2945.4 for foreclosure fraud
  • Civil code 890 for rent skimming
  • Penal Code 115 PC for forged deeds
  • Penal Code 487 PC for grand theft

Criminal charges are imposed on offenders of real estate frauds to invoke penalties that include:

  • Maximum jail time of one year in county jail
  • Maximum fine of $1000 for misdemeanor convictions
  • Maximum 3 years jail time for felony convictions

The Penal Code 487 PC is strictly executed in California on many forms of
real estate/mortgage frauds. This is the California grand theft law
which encompasses real estate fraud by false pretenses.

 

More on Fraud Cases In San Diego:

Charged with Fraud Crimes in San Diego Click here>>

Credit Card Fraud in San Diego Click here>>

Welfare Fraud in San Diego Click here>>

San Diego Criminal Legal Defense Approach For Fraud Charges

Certain factors must be set in place to prove the innocence of the fraud
defendant. It is crucial for the defendant to be proven:

  • A lack of fraudulent intention to commit the fraud crime
  • A victim of mistaken identity
  • Innocent until proven guilty by compelling evidence
  • An entrapment stemming from coercion

Contact Our San Diego Fraud Lawyer for Free Consultation Today!

Our lawyers at the Law Offices of Thomas P Matthew are experienced with fraudulent acts defenses for all types of fraud crime charges.
CALL: (619) 378-9990

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