What is Fraud?
A fraud crime involves using deceit to deprive another person of money or property and to unlawfully obtain a benefit for yourself.
What is Penal Code 532 Theft by False Pretenses?
Per California Penal Code 532 (a) every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.
Penalties for a PC 532 Theft by False Pretenses Conviction?
Penalties for a PC 532 conviction can be either petty theft or grand theft, depending on the value of the property that is taken.
If the property that was stolen is worth more than nine hundred fifty dollars ($950) or is a firearm or a car, then it is grand theft. The maximum penalty for grand theft is either up to one (1) year in county jail, or sixteen (16) months, two (2) years, or three (3) years in prison, depending on how the prosecutor chooses to charge the crime.
If the property is worth less than nine hundred fifty dollars ($950), then false pretense theft is petty theft. The maximum penalty will be a fine of up to one thousand dollars ($1,000), imprisonment in the county jail for up to six (6) months, or both the fine and imprisonment.
Common Types of Criminal Fraud Cases in California
Some of the most common fraud cases that are litigated in California courts include:
Real Estate Fraud – Real estate fraud comes in a variety of types. For instance, if you participate in an unlawful property flipping that is based on forged statements or by the presentation of separate claim settlements to a lender or seller in order to procure a large loan or provide false information about your qualifications to accept a loan, you may have committed real estate fraud.
Credit Card Fraud – Credit card fraud is rampant throughout the US. It can involve such criminal offenses as creating counterfeit credit cards, making a fraudulent purchase of lost or stolen credit cards, and use of credit cards to garner personal information for the purpose of identity theft. State and Federal prosecutors are highly uncompromising when it comes to credit card fraud. Thus, you’ll need a sharp, aggressive and experienced credit card fraud defense attorney if you are being investigated for or have been charged with credit card fraud.
Insurance Fraud – Falsifying information on an insurance claim to obtain compensation that would otherwise be difficult to obtain is considered insurance fraud. Insurance fraud can include such deception as:.
- Misrepresentation of information about the value of an insured possession.
- Purposeful destruction or relocation of an insured possession to collect insurance money.
- Fabrication of an injury or accident claim to collect on an insurance policy.
Healthcare Fraud – California prosecutors are vigilant in the prosecution of those who commit or who they think have committed healthcare fraud. Health care fraud or abuse comes in many forms and most often involves unlawful actions performed by a healthcare facility or practitioner in an effort to enhance monetary gain. Some common healthcare abuse that can lead to a charge of fraud includes:.
- Invoicing patients for services not rendered;
- Invoicing patients for a physician’s care when the patient was treated by a less-qualified healthcare staff member;
- Charging patients for procedures that were not provided;
- Charging patients for use of unnecessary equipment or for unnecessary tests;
- Double billing patients;
- Falsification of a patient’s record to generate profits by performing unnecessary tests and procedures;
- Prescribing certain medications to receive incentive kickbacks from pharmaceutical companies.
Los Angeles Criminal Fraud Defense Attorney
Fraud is a serious crime in California that can result in large fines and/or prison time, depending upon the damage caused. If you or a loved one has been investigated or arrested on a charge of fraud, contact a Los Angeles fraud criminal defense attorney from The Manuelian Law Firm today for assistance at (213) 401-2777. Whether your case ends up in court before a jury at trial or you wish to negotiate a settlement, R.J. Manuelian offers his experience in handling both state and federal fraud cases to achieve the most positive outcome.