Fresno Criminal Lawyer Blog

A couple who ran a restaurant and catering business in Bakersfield were recently indicted on federal fraud charges for allegedly racking up tens of thousands of dollars in illegal credit card charges, ABC News.

Fresno Fraud Defense Lawyers have seen cases where people make mistakes and are punished in a big way. Federal fraud charges in Fresno and elsewhere are difficult to defend because the government has seemingly unlimited resources to come after a person they suspect of wrongdoing.

In this case, the defendants are charged with 29 counts of conspiracy to commit wire fraud, wire fraud and credit card fraud. Both have pleaded not guilty. According to the news story, the couple would charge $1,000 or more on several customers' credit cards at their restaurant, which closed in 2010.

According to the news article, when customers complained, the charges were reversed. But in the process, banks and processing companies still lost money on the transactions. And in cases where a customer didn't complain, the couple would get away with thousands in ill-gotten profits, prosecutors allege.

The maximum penalties for conspiracy to commit wire fraud and wire fraud is 30 years and a $1 million fine. The maximum penalty for credit card fraud is 10 years and a $250,000 fine. These are among the steepest penalties available for theft crimes under the law. How a person is charged can have a major impact on their case. It's possible an experienced attorney can negotiate for lesser charges or prepare a defense aimed at backing prosecutors down.

Offenses involving banks, transactions over what federal prosecutors call "the wire" and others can be charged in a federal court because they cross state lines. Also, crimes committed on federal property, such as in the Sequoia and Kings Canyon National Park and Yosemite National Park must be prosecuted in district court.

Many times, federal crimes carry much tougher penalties that state crimes and can be more intimidating because federal prosecutors have fewer cases to handle and more time to dedicate to focusing on individual defendants.

While a defendant's criminal history is certainly a factor in determining a potential prison sentence in federal court, someone charged with dozens of crimes can have a difficult time asking for a low sentence. In state court, sometimes prosecutors will allow for diversion programs and probation, but in federal court, it is difficult to get out of going to prison if found guilty.

For these reasons, an experienced and aggressive defense attorney should be hired to defend cases brought against suspects in the United States District Court for the Eastern District of California in Fresno. Knowing federal law, understanding the rules of procedure and the local rules established by the court is key because they must be strictly followed.

Trust Fresno Criminal Defense Lawyers, who have been handling fraud defense and federal crimes defense for years. These areas are complex and require a dedicated attorney to be on your side.

Continue reading "Bakersfield Restauranteurs Charged With Credit Card Fraud in Fresno" »

Four Stanislaus County men are facing charges of bank fraud in Fresno as part of a scheme involving used car dealerships, according to the Modesto Bee.

The indictments were issued by the U.S. District Court in Fresno. A Fresno federal criminal defense lawyer should always be consulted when a defendant is facing charges in federal court. Such cases differ from fraud charged under state law. The number of these white collar criminal cases has increased since the beginning of the economic downturn. Such complex cases requires a defense firm with the knowledge and resources to build an aggressive defense.

The four brothers owned and operated various used car dealerships in Stanislaus and Merced counties. The charges accuse employees of falsifying documents so customers could get loans. The Valley First Credit Union approved more than $500,000 worth of loans for the dealerships, dating back to 2002.

The men are facing charges of conspiracy to commit bank fraud, the Turlock Journal reported. If convicted, the defendants face up to 30 years in prison and $1 million in fines, as well as forfeiture of assets and restitution.

In some instances, the brothers are accused of listing fake employers for customers or of inflating the amount of earnings. Sometimes customers signed the applications. While in other cases, they had no knowledge of the fraud, according to the government's allegations.

In some cases, the customers defaulted on the loan, leading to a loss for the financial institution, which had already paid the dealership the full amount of the purchase.

Continue reading "Federal Bank Fraud Charges in Fresno Require Experienced Defense " »

Recently, a question that I've been faced with a lot, is whether a person can possess a firearm if they have been convicted of a felony? The answer is not as straightforward as you might think, since we're faced with both California and Federal Law on the issue. My analysis, however, is strictly applicable to California cases. In California, if an offense is punishable with imprisonment in the county jail or State Prison, it is considered a "wobbler." (Penal Code §17) A wobbler, in essence, is a crime that can be either a misdemeanor if the sentence is only a misdemeanor or a felony if the defendant is sentenced to State Prison. People often ask whether they can possess a firearm if they have been convicted of a felony, which is a wobbler. This topic can be very difficult to navigate, which makes it even more important to consult with a skilled Fresno Criminal Attorney.

Two of the most recent major cases on the issue pertaining to the California law and restoration of gun rights are: U.S. v. Bridgeforth (9th Cir. 2006) 441 F.3d 864 and People v. Gilbreth (2007) 156 Cal. App. 4th 53. Bridgeforth is a case out of our 9th circuit court of appeals which, aside from the U.S. Supreme Court, is the controlling court for California on Federal law. Until the U.S. Supreme Court has spoken on an issue, the Ninth Circuit has the next to final word.

People v. Gilbreth is a decision out of the First District Court of Appeal in California. In California, the Courts of Appeal are the final arbiters of California law unless the California Supreme Court or the U.S. Supreme Court has spoken on the topic, much in the same vein as the Ninth Circuit Court and the U.S. Supreme Court.

In U.S. v. Bridgeforth, the ninth circuit stated "to determine whether a conviction for a wobbler is an offense punishable by a term of imprisonment exceeding one year under the career offender provisions of the Guidelines, the sentencing court must look to state law: Did the California court's treatment of the offense convert it into a "misdemeanor for all purposes" under California Penal Code section 17(b)? If so, then the conviction does not qualify as an offense '"punishable by imprisonment for a term exceeding one year.'" U.S.S.G. § 4B1.2(a). (U.S. v. Bridgeforth, supra, 441 F.3d 864.)

Continue reading "Can You Restore Your Right to Have a Firearm under California and Federal Law?" »

A 41-year-old Bakersfield woman is facing fraud charges in Fresno after a grand jury indicted her on dozens of counts of defrauding the IRS, according to Bakersfield Now.

A Fresno federal criminal defense lawyer should always be consulted when a client has been charged by the U.S. government. The laws and rules are different in federal court. Experience in the state courts of California is not sufficient when it comes to choosing an attorney to defend against federal criminal charges.

In this case, the Internal Revenue Service accused the defendant of 29 counts of fraud through her tax preparation business. She is accused of fabricating information on returns, including deductions, losses and income, that were not claimed by taxpayers.

She allegedly engaged in the activity to generate refunds for her clients, which would allow her to charge higher fees. She faces up to three years in prison on each count, as well as a $250,000 fine, supervised release and restitution.

The Central Valley Business Times reports refunds were generated for more than 90 percent of clients who used the defendant's services.

Continue reading "Federal Fraud Charges filed against Tax Preparer in Fresno " »