H&R Firm Awards Announced

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Many colleges and universities have memorandums of understanding (MOU) in place with local law enforcement.. These MOU’s can cover a variety of areas.

Our conversations with campus administrators, campus police, and law enforcement underscore the need for additional efforts in this area. In light of these talks, it is clear that appropriate tools and strategies are lacking. Authorities need to apply proper procedures to accommodate the unique dynamics of sexual assault on campus. Additionally, sexual assault survivors require a new approach that is more commiserate with their needs.

The task force is providing this sample MOU with that in mind.

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Detroit’s Lawyers Defend Billing

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In court papers, lead law firm Jones Day and others that helped Detroit navigate its historic debt restructuring made a case—at the request of U.S. Bankruptcy Judge Steven Rhodes—for why their hourly billing rates and final tab are reasonable. Officials at Jones Day, who pointed out they had already cut $17.7 million from their tab, defended the $53.7 million in fees charged for roughly 17 months’ work.

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Real Estate Attorney Bill Kuehling

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Bill advises developers, nonprofit corporations, and public entities on a variety of real estate transactions and infrastructure finance. He has more than 20 years of experience in real estate development, public/private partnerships, land use, and municipal law, and serves as an advisor to national developers seeking tax abatements, tax increment financing, or any other redevelopment opportunities across the St. Louis region.

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For Foreign Law Firms in Australia

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The gamble of doing business in Australia came into sharp relief this past week when one U.S. law firm parted ways with Australia while another global firm took its relationship with the country to a whole new level.

New York law firm Fried, Frank, Harris, Shriver & Jacobson LLP announced that it’s shutting down its offices in Shanghai and Hong Kong in coming months. Meanwhile, global law firm Dentons unveiled plans to merge with mainland Australia’s largest law firm.

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Money Laundering

Posted by Darren Kavinoky on

money launderingMoney laundering is a white collar crime in the state of California. It is the act of transferring illegally obtained money through legitimate people or accounts. This is done so that its original source is untraceable. Since money laundering is usually associated with other crimes, like fraud and conspiracy, it is possible for the offender to receive multiple charges simultaneously.

The Money Laundering Control Act passed in 1986 as an effort to crack down on the illegal exchange of money. Most of the money came from the transport and sale of illegal drugs.

At the time, large-scale organized crime rings were the ones perpetrating the drug trafficking. Therefore, by criminalizing drug traffickers’ income, prosecutors could get to the bosses. Consequently, taking out the little guy to get to the bigger guy. This law allows law enforcement to target the people higher up in the organization.

Furthermore, what is really interesting here, is the unintended consequence. Although the law’s intent is to tackle big-time drug operations, several other people are now in its web. Money laundering now leads to the arrest of many people who are far from being organized crime bosses.

Creative Drafting of Money Laundering Laws

The law criminalizes any financial involvement with someone who earns money from an illegal activity. Of course, this includes the association with a family member or friend. Even if you don’t participate in the illegal activity yourself, you may still be at risk of arrest. By the same token, simply knowing that the money in a transaction came from criminal activity is a violation of the money laundering laws.

Important Considerations

It is equally important to note something else here. Money laundering is not a catch-all law for all people spending money illegally. Authorities are unable to charge someone for laundering without the involvement of a bank. For example, if illegally obtained money pays -in cash- for a new car, this is not money laundering. Since the money did not go through a financial institution, it would receive different prosecution.

Types of transactions that can lead to money laundering charges in the state of California include:

  • making deposits,
  • withdrawing money,
  • initiating an electronic wire transfer,
  • exchanging money into a foreign currency, or
  • writing a check.

Prosecution for Money Laundering

Though money laundering is illegal in the state of California, authorities may only prosecute in certain circumstances. Punishable laundering must meet a minimum amount of money.

In order to violate the money laundering law you must engage in transactions reaching $5,000 or $25,000.

  1. Firstly, a single transaction or series of transactions of more than $5,000 in a seven-day period. Or,
  2. If you spend more than $25,000 in a thirty-day period.

If the amounts in question are less than these, you cannot receive a conviction.

The penalties for such laundering can be severe. They range varies based on the number of offenses, the amount of the financial transactions, and the defendant’s previous criminal record. One offense of money laundering typically results in a one-year sentence in a county jail. Additionally, California laws set increased terms of imprisonment to correlate with the value amount of the transactions. Under state law, there are several types of increasing terms for transactions up to $2.5 million. The maximum penalty is twenty years in prison per offense.

A Great Defense

Since money laundering is a financial crime, each case of financial fraud must have a thorough analysis. Financial transactions, whether they are securities, banking or real estate, are always a top priority to those doing an investigation. If you find yourself under suspicion of money laundering, call an experienced criminal defense lawyer right away. A criminal defense attorney will prepare you for a proper and effective defense.

1.800.NoCuffs is the number you want to remember and hope you never need. Call us 24/7, 365 days a year to speak to the top criminal defense attorneys in Los Angeles.

Insurance Fraud and You – What You Need to Know in California

Posted by Darren Kavinoky on

insurance fraudInsurance fraud occurs when someone knowingly falsifies information to obtain benefits that are not theirs to claim. It also occurs when one denies a benefit that to which someone else is due. This type of fraud includes:

  1. Auto insurance,
  2. property insurance,
  3. homeowners insurance,
  4. health insurance,
  5. life insurance, and
  6. any other type of insurance available in the state of California.

Circumstances of Fraud

Depending on the circumstances of the fraudulent act, penalties may go through the Department of Fraud Division. On the other hand, the Fraud Division may handle it as a criminal matter in a court of law. Authorities can charge insurance fraud cases as felonies, however, some are not. Some are actually are misdemeanors, depending on the circumstances surrounding the case.

The California insurance fraud law seeks to prevent and punish false insurance claims intended to generate payments to an individual by insurance companies. Some examples of this fraud include:

  1. Submission of auto insurance claims from exaggerated or deliberate injuries,
  2. Doctors charging for services that not originally included in an estimate, or
  3. Faking an injury at work in order to be eligible for workers compensation.

Generally speaking, a prosecution for insurance fraud requires proof of the defendant’s intent to defraud.

Furthermore, if a prosecutor can prove the defendant knowingly make a false claim, or can show the defendant exaggerated the claim, then he has a case. The prosecutor will charge the defendant. If the attorney proves his case, the defendant is likely at risk of a guilty verdict.

Degrees of Fraud

There are varying degrees of fraud, beginning with small untruths, such as exaggeration on insurance claims. The more serious cases of insurance fraud include arson, destruction of property, theft, or faking an accident or injury in order to collect large insurance policies.

In order to protect the public from the stress and economic loss caused by insurance fraud, the State of California dedicates funding to the Fraud Division. This division actively investigates and arrests those who commit insurance fraud in the state of California. According to the Insurance Information Institute, fraudulent claims equal nearly $30 billion annually.

People who commit insurance fraud range from organized criminals who take large sums of money through insurance claims mills and professionals who inflate the cost of their services, to middle class men and women who exaggerate when filing an insurance claim in order to make extra money.

Penalties for Insurance Fraud

The punishment for this type of fraud depends on the specific type of fraud committed and the defendant’s activities specific to the case. If prosecuted as a misdemeanor in the state of California, insurance fraud carries a fine of up to $10,000, one year in county jail, or both.

In general, this type of fraud is a felony. Felony insurance fraud carries a fine of up to $50,000, or double the value of the defrauded amount, and up to five years in jail. If the felony is for worker’s compensation insurance fraud, the fine can be increased to $150,000 or double the value of the defrauded amount, depending on which penalty is greater.

For those convicted of insurance fraud with a felony conviction for fraud, the rules change. For this, a two-year enhancement may join up with their sentence. Additionally, California state court may require the defendant to pay restitution to the defrauded parties.

If you’ve been charged with insurance fraud in the state of California, an experienced criminal defense attorney can help.

Forgery – Felony or Misdemeanor Offenses Under California Law

Posted by Brianna Wilkins on

forgeryForgery, is a crime of misrepresentation. Though the crime itself is simple, the resulting loss to the victim is severe. In California, prosecutors aggressively litigate against these potential criminals. Although, all things considered, the fines and penalties may seem excessive considering the charge.

Many people think forgery is simply faking another person’s signature on a document, but the law is much more in-depth. This is a white collar crime involving the creation or alteration of a document in order to gain anything of value. It occurs when the suspect has the intent to commit fraud and signs another person’s name to gain a benefit.

Forgery Examples

While many think of a fake check as a classic example, this is not the only variety of this crime. As technology changes, so has the definition of the crime. Credit card theft in the state of California is often a crime of forgery, per the prosecution. This is a crime the receives a great deal of attention under state law.

Another consideration here is counterfeiting. This also falls under the category of a felony or misdemeanor act. Counterfeiting is the unlawful imitation or duplication of documents and other items with legal significance. A counterfeiting prosecution can result in either a misdemeanor or felony charge.

Though counterfeiting is often a felony, California state law allows a misdemeanor prosecution. This, however depends solely on the element receiving the counterfeiting. Specific items such as like trading cards and transit tickets are more likely to be misdemeanors.

Forgery Conviction

In order receive a conviction of forgery, three elements must be true:

  1. Identification of a written instrument fo committing of forgery,
  2. Proof the defendant materially altered an existing written instrument or falsely signed a written instrument, and
  3. proving the defendant acted with intent to defraud.

The crime of forgery is not complete until the counterfeit item changes hands. For example, take the case of a stolen checkbook. Simply signing someone’s signature is not a felony. The act becomes more severe once the check exchanges hands to a bank teller or into an account. Up until that point, the only crime is the crime of attempted forgery. Though attempted forgery is not as severe a crime, it carries its own set of penalties and fines.

Examples of forgery include:

  1. Writing yourself a fake prescription with a signature from a doctor,
  2. Switching out a page in your parent’s will that leaves more inheritance to your name, or
  3. Endorsing a check made out to someone else without their permission.

A Wobbler Crime

Forgery is a ‘wobbler’ crime in the state of California; meaning, it can be charged and punished as either a misdemeanor or felony, depending on the circumstances surrounding the crime. When deciding whether the charge is a misdemeanor or felony, the prosecutor will take a number of factors into consideration, including the suspect’s criminal record, the amount of the loss, and the age or status of the victim.

If the crime is a misdemeanor, the maximum penalty is a year in jail and a fine of up to $1,000. If the crime is a felony, the penalty can be extreme. Passing a forged check in excess of $400 can result in a

three year prison sentence and a $10,000 fine. Additionally, the felony can be increased based upon the amount of loss or prior record of the suspect, especially if the felony charge is a third strike.

Work with an Attorney to Defend Your Rights

There are several defenses to the crime of forgery. By hiring a criminal defense attorney in the state of California and proving permission, lack of passing the item, or lack of intent, you may prevent charges from being filed against you.

If you find yourself staring at a felony or misdemeanor conviction, don’t do it alone. Call the top criminal defense lawyers in Los Angeles. 1.800.NoCuffs is the number to remember and hope you never need. Call The Kavinoky Law Firm 24/7, 365 days a week. We don’t sleep – so you can.

Embezzlement

Posted by Brianna Wilkins on

embezzlementEmbezzlement is a white collar crime. It most commonly occurs as employee theft or fraud. This crime is a type of property theft that occurs when someone violates a trusted money-keeping relationship. This person, who monitors someone else’s money or property, then steals all or part of the property for personal gain.

California state law distinguishes embezzlement from larceny or theft by requiring there be an element of trust. In order for an this conviction to stick, it must be property that the defendant legally possesses or has authority to access.

Embezzlement & Employment

Most embezzlement occurs in an employment situation, and can occur in the form of stealing money, credit card numbers, unlawfully accessing bank accounts, or taking product without permission. This type of crime comes in different forms. Examples include, a bank teller taking money from clients, or a family member taking money from a relative for whom they’re caring.  Additionally, even managers of retail stores taking product home without permission are subject to criminal conviction.

In the state of California, embezzlement is punished according to the value of the property stolen. Property worth less than $950 (petty theft), and embezzlement of property worth more than $950 (grand theft) are two categories of embezzlement that carry different levels of punishment.

Petty Theft

Petty theft or embezzlement of property worth less than $950 is a misdemeanor. If convicted, the defendant faces the possibility of up to six months in jail and a fine of up to $1,000. If the property is worth less than $50, the prosecutor may choose to charge the offense as an infraction. Infractions carry a penalty of a fine up to $250, and are not available to defendants with any prior theft-related convictions.

Grand Theft

Those charged with embezzlement of more than $950 can see charges of grand theft. A conviction carries a jail sentence of up to one year, if charged with a misdemeanor. If found guilty of felony grand theft, state prison time of 1 months, two years or three years is possible. The embezzlement of firearms and autos always fall under the umbrella of grand theft, no matter their value.

Embezzlement of public money is a felony in California. Those convicted of embezzling public money are subject to increased fines and penalties, and usually must repay the stolen property or funds in addition to spending two to four years in prison. Additionally, those convicted of embezzling public funds will be permanently ineligible for any position in state or local government.

Embezzlement Prosecution Must Include These 3 Elements:

1. You have/had a relationship of trust with the victim,

2. Certain property care results from the relationship, and

3. You specifically intended to deprive the victim of that property by committing fraud and taking it as your own.

As with other types of crimes, white collar crimes are subject to additional enhancements. In the case of embezzlement, if the property is worth more than $65,000 you face an additional AND consecutive one-year prison sentence. This additional sentence can be as high as four years if the property is worth more than $3.2 million. Additionally, embezzlement from an elder or dependent person is an aggravating factor for sentencing purposes.

The defenses to embezzlement charges include claim of good faith, lack of criminal intent and false accusations/innocence. If you believe you were entitled to the property, didn’t specifically intend to deprive the owner of the property, or feel you have been falsely accused, an experienced criminal defense attorney in the state of California can help.

Kavinoky Law Firm

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Direct Application for Pardon

Posted by Brianna Wilkins on

Direct Application for Pardon in the State of California can be tricky. Let us clear it up for you!

Criminal Record and an Application for Pardon

Clearing up a California criminal record can have an enormously positive effect on one’s life. Such opportunities include employment, housing, education, and overall peace of mind. There are many ways to go about obtaining post-conviction relief. These include expungement, Certificates of Rehabilitation, and a direct application for pardon.

A direct application for pardon is not the same as a California Certificate of Rehabilitation. As a matter of fact, the application goes directly to the governor. Rather than traipsing through trial court, the individual has a direct path to seek renewal.

A direct application for pardon is often a viable alternative for individuals who are ineligible for Certificates of Rehabilitation. These such people include non-residents. The experienced post-conviction relief lawyers of The Kavinoky Law Firm thoroughly evaluate each case. Through this we determine the best way to clear a criminal record. Whatever you do, it is possible to make a fresh start.

Applicable Offenses

Direct applications for pardon generally come from those with California felony convictions. These individuals are likely living out-of-state, or individuals convicted of certain sex crimes. Such applicable crimes include California Penal Code sections 286(c), 288, 288a(c), 288.5, and 289(j). Those with these crimes on record are ineligible for expungement or other forms of post-conviction relief. Individuals with misdemeanor offenses such as drunk driving should consider another option, such as expungement.

Moreover, an application for pardon is made directly to the governor’s office and must include the following information:

  1. The name of the applicant, including any aliases;
  2. Explain need for a pardon;
  3. Date of conviction;
  4. County and case number of conviction;
  5. Prison number;
  6. Name of parole agent;
  7. Current address and telephone number,
  8. Dates and circumstances of all felony offenses;
  9. Dates the individual entered prison and was released; and finally,
  10. A brief statement of employment and activities since release from custody.

This last aspect of the pardon application is perhaps the most important. The governor doesn’t grant every pardon application. Therefore, the individual must show that he or she leads an exemplary life post-conviction.

Generally speaking, if all goes well, then the process runs smoothly after the first few steps. By the same token, if the governor’s legal staff recommends consideration of the application, the individual will receive an Application for Executive Clemency and Notice of Intention to Apply for Executive Clemency. Once the formal application is filed, it is reviewed by the Board of Prison Terms on the governor’s behalf.

File the Application with Support

A California direct application for pardon is a complex process. Not to mention, the procedures must be followed exactly to increase the chances of success. The skilled attorneys of The Kavinoky Law Firm are some of the best criminal defense attorneys in Los Angeles. If you want to seek release from a criminal conviction, you need a crime attorney who knows every aspect of post-conviction relief.

Call 1.800NoCuffs for a free consultation.