Fraud Offenses in California: Understanding the Basics

Under California law, there are a multitude of fraud offenses defined under many separate statutory provisions.  Basically, criminal fraud in this state involve engaging in unfair or dishonest practices that permit you to obtain undeserved benefits and/or cause harm to another individual. Crimes of fraud usually arise out of a desire to escape culpability for illegal actions or to obtain a monetary or other financial advantage.  There are many types of fraud under California law, including the following:

Insurance Fraud: California Insurance Fraud involves attempting to obtain insurance benefits or money to which the insured is otherwise not entitled.  This type of fraud can range from staging a car accident, misrepresenting the insured’s loss or injuries, to submitting false billing to a private health insurer or Medicaid/Medicare for services not performed.  Examples include California Healthcare Insurance Fraud, Medicare/Medicaid Fraud, and Worker’s Compensation. 

Mail Fraud: The offense is a federal crime that is subject to more serious penalties. A violation involves fraud committed through use of the mail to advertise fraudulent services, intentionally fail to deliver a product ordered through mail, or mail a forged check.

Real Estate/Mortgage Fraud: These types of fraud have become much more common in recent years.  These types of fraud schemes take many forms including predatory lending schemes, creation or use of a forged deed, illegal flipping schemes (e.g. use of false appraisal or loan documents), fraudulent offers of foreclosure avoidance services, false financial records to obtain financing, and similar acts involving misrepresentation or false statements.

Check Fraud: Making or issuing a check when you intend to defraud the payee and, you reveal that intent by representing the check to be genuine.

Credit Card Fraud: This form of fraud can take many forms, such as selling fake credit cards, unauthorized use of another person’s credit card, and using an expired or revoked credit card

Nursing Home or Elder Abuse: Fraud in this contact involves financial abuse of nursing home residents or other elderly people.  A caregiver who persuades a resident to sign over the senior’s property, forges the senior’s name on checks, or overbills for care can face criminal charges of fraud.

These are just a handful of examples of fraudulent schemes using dishonesty, misrepresentation, lies, deception, and other forms of unfair conduct to defraud individuals and entities out of money, property, services, or benefits.

If you commit a form of fraud in California, you can face incarceration, substantial fines, the obligation to pay restitution, probation, and other penalties.  Further, a fraud conviction generally will be considered a crime of moral turpitude, which can result in difficulty obtaining a professional license, such as a doctor, attorney, and other occupations, as well as resulting in adverse immigration consequences for non-citizens.

If you have been charged with a fraud offense in Southern California, San Diego Criminal Defense Lawyer Ashby Sorensen is committed to assisting people facing the potentially life-altering consequences of a criminal conviction.  Call the Law Offices of Ashby Sorensen today at (858) 999-6921 to schedule a free consultation.