Securities Fraud

Securities fraud, also known as stock or investment fraud, is the practice of using false information to entice investors to part with their money. Securities fraud typically results in substantial losses to investors and violates a number of federal laws. If you’ve been accused of securities fraud, it’s imperative that you contact an experienced California defense lawyer from The Kavinoky Law Firm today to begin mounting an aggressive defense.

Securities fraud cases are almost always prosecuted by the federal government rather than state authorities. The consequences of a securities fraud conviction include large fines, restitution payments and sometimes even jail or prison time.

In addition to deceptive practices in the stock and commodity markets, securities fraud also includes outright theft from investors and misstatements on a public company’s financial reports. The term also encompasses a wide range of other actions, including insider trading and front-running and other illegal acts on the trading floor of a stock or commodities exchange.

Securities fraud can also include intentionally false information on a company’s financial statement and Securities and Exchange Commission (SEC) filings; lying to corporate auditors; insider trading; stock manipulation schemes, and embezzlement by stockbrokers.

Corporate Fraud

Corporate securities fraud often involves allegations of insider trading and/or of making false statements about a company’s financial performance. Fraud by high-level corporate officials at companies such as Enron, WorldCom, and Tyco have garnered enormous attention in recent years, and prompted federal officials to launch an “aggressive agenda” against corporate fraud. FBI Director Robert Muller predicted in April of 2008 that corporate fraud cases will increase because of the subprime mortgage crisis.

Internet Fraud

Internet fraud exists in many forms, including pump-and-dump schemes, in which false and/or fraudulent information is disseminated in chat rooms, forums, internet boards and via e-mail (spamming), with the purpose of causing a dramatic price increase in thinly traded stocks, or stocks of shell companies (the “pump”).  When the price reaches a certain level, criminals immediately sell off their holdings of those stocks (the “dump”), realizing substantial profits before the stock price falls back to its usual low level. Any buyers of the stock who are unaware of the fraud become victims once the price falls.

The SEC reveals that Internet fraud resides in several forms, such as the following:

* Online investment newsletters that offer seemingly unbiased information free of charge about featured companies or recommending “stock picks of the month” are sometimes used for fraud.

* Bulletin boards that often contain fraudulent messages by hucksters.

* E-mail spam from perpetrators of fraud.

Insider Trading

Insider trading is the trading of a corporation’s stock or other security by corporate insiders that may include company officers, key employees, directors, or holders of more than ten percent of the firm’s shares. Some insider trading is illegal. In illegal insider trading, an insider or a related party trades based on non-public information obtained during the performance of the insider’s duties at the corporation, or otherwise misappropriated.

Microcap Fraud

In microcap fraud, stocks of small companies of under $250 million market capitalization are sold fraudulently to the public. Its prevalence has been estimated to run into billions of dollars each year. Microcap fraud includes pump-and-dump schemes involving “boiler rooms” and scams on the Internet. Many, but not all microcap stocks involved in frauds are penny stocks, which trade for less than $5 a share.

Accountant Fraud

In 2002, a wave of separate, but often related, accounting scandals became known to the public in the U.S. All of the leading public accounting firms—Arthur Andersen, Deloitte & Touche, Ernst & Young, KPMG, PricewaterhouseCoopers— and others have admitted to or have been charged with negligence to identify and prevent the publication of falsified financial reports by their corporate clients, which had the effect of giving a misleading impression of their client companies’ financial status. In several cases, the monetary amounts of the fraud involved are in the billions of dollars.

Boiler Rooms

So-called boiler rooms are stock brokerages that put undue pressure on clients to trade using telesales, usually in pursuit of microcap fraud schemes. Some boiler rooms offer clients transactions fraudulently, such as those with an undisclosed profitable relationship to the brokerage. Securities sold in boiler rooms include commodities and private placements as well as microcap stocks.

Mutual-Fund Fraud

A number of major brokerages and mutual fund firms have been accused of various deceptive acts that disadvantage customers, including late-trading and market-timing. Various SEC rules were enacted to curtail this practice.  Bank of America Capital Management was accused by the SEC of having undisclosed arrangements with customers to allow short-term trading

Short-Selling Abuses

Abusive short-selling, including certain types of “naked” short-selling, is also considered securities fraud because it can drive down stock prices. In abusive naked short-selling, stock is sold without being borrowed and without any intent to borrow.  The practice of spreading false information about stocks, to drive down their prices, is called “short and distort.” During the takeover of The Bear Stearns Companies by J.P. Morgan Chase in March of 2008, reports swirled that shorts were spreading rumors to drive down Bear Stearns’ share price. Sen. Christopher Dodd, D-Conn., said this was more than rumors, and said, “This is about collusion.”

ARE YOU ACCUSED OF ENGAGING IN SOME
FORM OF SECURITIES FRAUD?

If you have been accused of engaging in any type of securities fraud, a skilled California attorney from The Kavinoky Law Firm can help. Being accused of – and, in the worst case, convicted – of securities fraud violations can jeopardize your entire future.  Oftentimes securities fraud violations are considered to be crimes of moral turpitude, or extremely dishonest conduct.  Obtaining job, education, financing, professional licensure, loans, etc., is extremely difficult after a securities fraud conviction, so it’s imperative to aggressively fight the charges. Contact a knowledgeable California defense lawyer from The Kavinoky Law Firm today for a free consultation

 

Top 10 myths about sex offenders

Top 10 myths about sex offenders

The social stigma that attaches when someone has only been charged with a sex crime makes it almost impossible to receive a fair trial. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and know the most effective ways to dispel the myths that pervade our society, to ensure that their clients receive fair consideration from skeptical judges and jurors.

The following are the top 10 myths that our society readily believes regarding sex offenders.

1. All child molesters are pedophiles.
Fact: Child molesters do so for a variety of reasons, often unrelated to sexual desires. Their victims may be incidental and their primary sexual orientation may even be towards adults. They may molest a child to meet an unmet emotional need.

2. All pedophiles are child molesters.
Fact: Pedophiles have a strong sexual desire towards children but many are content fantasizing in private. Many rely on pornographic materials to fulfill their fantasies in the safety and comfort of their own home, never actually molesting a child.

3. Child pornography collectors molest children.
Fact: Some child molesters use child pornography – not all child porn collectors molest children. Research reveals that many child molesters aren’t stimulated by child porn and (if they collect pornographic materials at all) actually collect adult porn. There is no evidence to suggest that sex offenders use pornography with any more frequency than non-offenders.

4. All convicted child molesters re-offend.
Fact: A convicted child molester may have molested a child because of poor self-esteem, due to a perceived inability to be close with an adult partner or to escape feelings of powerlessness and loneliness. Many molest due to a specific circumstance and not based on an ongoing need.

5. The more serious the initial offense, the more likely the person will re-offend.
Fact: This is perhaps one of the most commonly exploited myths – and easy to dismiss with research and reports. Recidivism (relapse) rates for sex offenders are lower than for the general criminal population and rape (one of the most severe sex crimes) has an extremely low relapse rate.

6. All convicted rapists re-offend.
Fact: This, too, is a largely publicized, political fear-tactic that has no bearing on reality. Convicted rapists have one of the lowest recidivism rates among criminals, and the only group that is lower is convicted murderers.

7. Most sexual assaults are committed by strangers.
Fact: Regardless of whether the victim is an adult or a child, the fact is that most sexual assaults are committed by an individual known to the victim or to the victim’s family. 9 out of 10 rape or sexual assault acts involve a single offender who had a prior relationship with the victim as an acquaintance, intimate partner or family member.

8. Indecent exposers are rapists waiting to happen.
Fact: This is a huge leap. Indecent exposers (also known as flashers) reportedly engage in such behavior to feel validated. Many believe that they are performing a harmless act and that flashing is a victimless crime.

9. Punishment is the best deterrent.
Fact: Certain types of rehabilitation have a much better deterrent effect on recidivism than punishment. The fact is that longer prison sentences have a higher recidivism rate than shorter sentences – those more than 2 years increased the rate and those less than 6 months had no effect on the rate. Research supports that cognitive-behavioral therapy is the best treatment for adult offenders (focusing on the social influences, values and habits that contribute to these crimes, teaching techniques to cope) and that systematic therapy is the best treatment for adolescent offenders (focusing on the needs of family and other social systems that influence these offenders, including peers and school).

10. Treatment for sex offenders doesn’t work.
Offenders who successfully complete treatment programs re-offend less often and less seriously than those who receive no therapy – period. Research continually reveals that sex offenders can be successfully treated.

To learn more, contact the outstanding sex crime defense lawyers at The Kavinoky Firm for a free consultation.

 

Release Conditions in Sex Offense Cases

Release Conditions in Sex Offense Cases

When arrested for a California sex crime, the accused is permitted to post bail, to be released on his or her own recognizance (also referred to as OR release) or the offender will be denied bail, based on the specific crime or crimes alleged. Whether or not the individual’s bail may be modified without a hearing will also depend on the charged offense. An experienced sex crime defense attorney is the key to navigating this system with ease and understanding.

The bail for certain sex offenses will be set according to a bail schedule. These offenses include those that involve obscene materials, rape (when the alleged victim is incapable of consenting due to a mental or physical disorder or when he or she is unconscious, under the influence or submits under the false belief that the perpetrator is his or her spouse), statutory rape, spousal rape (when the alleged victim is under the influence or unconscious or is threatened by incarceration or deportation), oral copulation (with a minor over 14 or under the circumstances described above under rape), sodomy (with a minor over 14, under the same circumstances or when threatened by incarceration or deportation), sexual penetration (under the same circumstances), indecent exposure, prostitution, pimping, pandering, bigamy, incest, sexually assaulting an animal, abduction for marriage, contributing to the delinquency of a minor or situations where a public entity employee engages in sexual activity with an involuntarily committed resident.

With respect to the above offenses (some being misdemeanors, some being felonies), the bail may be modified upon an application that may be submitted by the arresting officer, by the defendant or by anyone on his or her behalf. Public safety will be the main consideration for the court in determining whether or not to raise or lower the set bail or whether to release the accused OR.

Certain sex crimes require that a hearing be held before the accused may have his or her bail modified. These crimes include lewd or lascivious acts with a child under 14, sexual penetration with a child under 14 who is also more than 10 years younger than the accused, and the continuous sexual abuse of a child. When a hearing is held, the judge will primarily consider public safety, but will also consider the defendant’s flight risk, his or her prior criminal history and the severity of the pending case. When considering these issues, the judge presumes that the accused is guilty, which is another reason why it is imperative for the accused to have a skilled criminal defence attorney who knows how to persuade the judge otherwise..

There are certain sex offenses where bail doesn’t apply, because they are considered so serious. These include rape, spousal rape, oral copulation, sodomy, sexual penetration or lewd or lascivious acts performed on or with a child under 14 where force or threats were used to accomplish any of these acts, or where the accused acted in concert with another while committing or attempting to commit these offenses.

If arrested on a bailable offense and denied an OR release, the accused can elect to post cash bail or a bail bond. If the accused posts cash bail, he or she remits the full bail amount, which will be returned at the conclusion of the case if he or she attends all court appearances. If the accused posts a bail bond (the more commonly-used option), he or she pays a bail agent or bondsman 10% of the bail amount and the agent then pays the rest. The bondsman may also require additional collateral, which he or she may keep or sell if the bond isn’t refunded at the conclusion of the case due to the defendant’s failure to appear.

The outstanding attorneys at The Kavinoky Law Firm are unsurpassed in California sex crime defense. They are dedicated to helping their clients get released from custody as quickly and inexpensively as possible, and providing the best defense throughout the entire criminal court process. Contact them today for a free consultation.

 

 

Hit-and-Run-Causing Death

Hit-and-Run-Causing Death

Drivers who leave the scene of an accident in California can face hit-and-run charges even if they are not at fault. The severity of the charges depends on many factors, such as whether the accident involved property damage, injury, or death. Regardless of the circumstances, hit-and-run is a very serious charge that requires expert legal representation. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run cases, and will work very hard to protect the accused driver’s rights and freedom.

California Hit and Run Law

Leaving the scene of a fatal accident is an extremely serious charge in California. A driver convicted of hit-and-run causing death faces from three months in county jail to up to four years in state prison. The driver also faces a fine of up to $10,000, a one-year driver’s license revocation, probation, and possible vehicle seizure.

In some cases, a driver involved in a fatal hit-and-run accident can face even more serious charges such as manslaughter or vehicular homicide. And if alcohol or drugs were involved, the driver may face an additional charge of DUI / DWI or driving under the influence of drugs.

However, a hit-and-run charge doesn’t equal an automatic conviction – far from it. There are many effective defenses to a charge of leaving the scene of an accident. It’s important to remember that the prosecutor is required to prove his or her case beyond a reasonable doubt in order to obtain a conviction. That means the prosecutor has the burden of convincing all 12 jurors of the driver’s guilt. The defense is under no burden to prove anything other than to prove the prosecution’s case is faulty.

Hit-and-run cases involving death are extremely complex and technical, and typically involve a great deal of physical evidence. In many cases, the assistance of an experienced accident reconstructionist can uncover evidence overlooked by police that can help the defendant’s case.

In some cases, the defense may be better off negotiating a plea bargain rather than taking a charge of leaving the scene of an accident to trial. Plea bargains sometimes offer a satisfactory resolution to a hit-and-run charge involving death. It may be possible for the driver to plead guilty in exchange for reduced charges and/or punishment. In some cases, alternative sentencing may be available that can reduce or even eliminate a jail sentence.

A California Defense Attorney is Vital

There are many viable criminal defense strategies to a California hit-and-run charge involving property damage, injury or death. The experienced Criminal Defense Lawyers of The Kavinoky Law Firm are skilled in every aspect of defending charges of leaving the scene of an accident, and will develop a proven defense strategy designed to safeguard the driver’s rights and minimize the consequences. Contact them today for a free consultation.

Turning stress into success: Treatment is a powerful defense against a drug or alcohol arrest.

Jail Distress

Being arrested for drug possession or an alcohol related infraction is a very stressful and difficult time. You are likely feeling fearful, defeated, and perhaps even regretful. Often when an individual is arrested for a drug or alcohol crime it is becomes the impetus for them to seek drug or alcohol treatment.

Seeking substance abuse treatment at this time is usually a very good idea. The drug or alcohol situation which led to the arrest has already caused significant problems in a person’s life ahead of the actual legal problem. Family, job related or personal struggles have often already come to light and your recent arrest is “the icing on the cake” so to speak. At this point going to treatment is a good idea, even if it is only to fix your legal troubles. You do not have to be at “rock bottom” to reap the benefits of drug or alcohol counseling. The treatment you will receive will do more than just aim to keep you off of substances, it helps improve your life, and can be a powerful tool in your legal defense.

Judges tend to look very favorably upon people who take the initiative to get a counseling or treatment plan in place ahead of their initial court appearances. It shows the judge that you sincerely see the problems that your substance abuse is causing you and society and that you want to change. Judges look for remorse, they look for the willingness to admit that you screwed up and are taking the steps to prevent a similar event in the future.

Judges also understand that often treatment becomes a necessity due to an arrest, they know that you may not even think you have a problem, or that you may not be ready to stop. However, by going to drug treatment, instead of serving jail time, judges know that you will have a much lower repeat offender rate and also save their state or municipality money in the long term. Treatment is much less expensive for society than a drawn out trial and period of incarceration. Statistics show that for every $1.00 spent on treatment saves about $7.00 in criminal justice costs. This is a motivating statistic for the courts, they want you in treatment, not jail or wrapped up in the justice system.

In treatment you will learn how substance abuse affects you. The counselors and fellowship around you will help you understand whether you are an addict, abuser or casual user who went over the edge. You will also find ways to cope with substance abuse, you will learn how to stay clean, sober and out of trouble and also how to enjoy your life without the use of mind altering chemicals. By learning these powerful lessons, you will be able to move on with your life as a more knowledgeable person and rise above your substance abuse and legal problems. Usually, your family life, work performance and personal struggles will get much better, almost immediately. This is good for you, for society, and for those who love you. Treatment is an excellent option, and one the courts will look favorably upon.

Release Conditions in Sex Offense Cases

When arrested for a California sex crime, the accused is permitted to post bail, to be released on his or her own recognizance (also referred to as OR release) or the offender will be denied bail, based on the specific crime or crimes alleged. Whether or not the individual’s bail may be modified without a hearing will also depend on the charged offense. An experienced sex crime defense attorney is the key to navigating this system with ease and understanding.

The bail for certain sex offenses will be set according to a bail schedule. These offenses include those that involve obscene materials, rape (when the alleged victim is incapable of consenting due to a mental or physical disorder or when he or she is unconscious, under the influence or submits under the false belief that the perpetrator is his or her spouse), statutory rapespousal rape (when the alleged victim is under the influence or unconscious or is threatened by incarceration or deportation), oral copulation (with a minor over 14 or under the circumstances described above under rape), sodomy (with a minor over 14, under the same circumstances or when threatened by incarceration or deportation), sexual penetration (under the same circumstances), indecent exposureprostitutionpimping, panderingbigamy,incest, sexually assaulting an animalabduction for marriagecontributing to the delinquency of a minor or situations where a public entity employee engages in sexual activity with an involuntarily committed resident.

With respect to the above offenses (some being misdemeanors, some being felonies), the bail may be modified upon an application that may be submitted by the arresting officer, by the defendant or by anyone on his or her behalf. Public safety will be the main consideration for the court in determining whether or not to raise or lower the set bail or whether to release the accused OR.

Certain sex crimes require that a hearing be held before the accused may have his or her bail modified. These crimes include lewd or lascivious acts with a child under 14sexual penetration with a child under 14 who is also more than 10 years younger than the accused, and the continuous sexual abuse of a child. When a hearing is held, the judge will primarily consider public safety, but will also consider the defendant’s flight risk, his or her prior criminal history and the severity of the pending case. When considering these issues, the judge presumes that the accused is guilty, which is another reason why it is imperative for the accused to have a skilled criminal defence attorney who knows how to persuade the judge otherwise..

There are certain sex offenses where bail doesn’t apply, because they are considered so serious. These include rape, spousal rapeoral copulation,sodomysexual penetration or lewd or lascivious acts performed on or with a child under 14 where force or threats were used to accomplish any of these acts, or where the accused acted in concert with another while committing or attempting to commit these offenses.

If arrested on a bailable offense and denied an OR release, the accused can elect to post cash bail or a bail bond. If the accused posts cash bail, he or she remits the full bail amount, which will be returned at the conclusion of the case if he or she attends all court appearances. If the accused posts a bail bond (the more commonly-used option), he or she pays a bail agent or bondsman 10% of the bail amount and the agent then pays the rest. The bondsman may also require additional collateral, which he or she may keep or sell if the bond isn’t refunded at the conclusion of the case due to the defendant’s failure to appear.

The outstanding attorneys at The Kavinoky Law Firm are unsurpassed in California sex crime defense. They are dedicated to helping their clients get released from custody as quickly and inexpensively as possible, and providing the best defense throughout the entire criminal court process. Contact them today for a free consultation.

 

Hit and Run Charges in California: Hit and Run Causing Injury

In California, a driver who leaves the scene of an accident where someone is hurt can be charged with hit-and-run causing injury. Leaving the scene of an injury accident is a serious charge that requires an expert defense lawyer to safeguard the driver’s rights. The skilled defense attorneys of The Kavinoky Law Firm have extensive experience in defending California hit-and-run cases, and will fight hard to minimize or even eliminate the consequences of a charge of leaving the scene of an accident that caused bodily injury.

A driver can be charged with hit-and-run after leaving the scene of an injury accident even if he or she wasn’t at fault. California law requires every driver who causes or is involved in an accident to stop and exchange information. Hit-and-run is an extremely serious charge, even if the accident involves only property damage. If the crash results in a hit and run causing death or serious injury, the driver faces severe consequences that can include prison time.

A driver convicted of hit-and-run with injury in California faces repercussions that may include heavy fines, a driver’s license suspension, probation, and possibly even seizure of the driver’s vehicle and jail time. If someone other than the driver suffers serious permanent injury, a convicted hit-and-run driver faces up to four years in prison and a fine of up to $10,000.

However, there are many ways to soften or eliminate the consequences of a California hit-and-run charge. It’s possible to fight and win against a charge of leaving the scene of an injury accident with the right defense lawyer at the driver’s side. Keep in mind that the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt. If just one juror isn’t convinced of the driver’s guilt, there can be no hit-and-run conviction.

Another option that can help the driver avoid jail time in a California hit-and-run case is alternative sentencing. In many cases, it may be possible to substitute community service, freeway cleanup, electronic monitoring, or another sentencing alternative for jail. Whether alternative sentencing is available depends on many factors, including whether the offense was charged as a misdemeanor or a felony, and whether alcohol or drugs were involved.

Prosecutors in California hit-and-run cases sometimes offer a plea bargain, where the driver pleads guilty in exchange for reduced charges and/or punishment. Sometimes inexperienced defense lawyers press their clients to accept a deal merely to resolve a case quickly, but a plea bargain should be just what the name suggests – a good deal for both the driver and the prosecutor.

In some cases, it’s possible to negotiate what’s known as a civil compromise, where the accused hit-and-run driver agrees to pay for any property damage and/or medical expenses incurred by the other party as a result of the crash. If a civil compromise is approved by the court, the driver will face no criminal charges for leaving the scene of the accident as long as reimbursement is accomplished.

Regardless of the circumstances surrounding a California hit-an-run charge, it may be possible to decrease or eliminate the repercussions. The knowledgeable defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run law, and will fight to protect the driver’s rights and push for a favorable outcome. Contact a skilled defense attorney today for a free consultation.

California Vehicular Offenses

accidentSometimes it seems that California has as many vehicle-related laws as it does cars – besides the hundreds of infractions listed in the California Vehicle Code, there are a host of more serious offenses such as DUI, hit-and-run, and evading arrest. These are serious crimes with severe repercussions and require expert legal help. The skilled defense lawyers of The Kavinoky Law Firm have the experience needed to effectively defend any vehicle-related offense in the greater Los Angeles area or anywhere in California.

California’s drunk driving laws are among the strictest in the nation – a driver convicted of DUI faces consequences that include heavy fines, long driver’s license suspensions, and even jail time. The severity of the driver’s case depends on many factors, such as whether the offense was charged as a misdemeanor or a felony and whether the motorist refused a chemical test to determine blood alcohol content (BAC). However, it’s possible to fight a driving under the influence charge and win with a top defense attorney at the driver’s side.

Hit-and-run is another serious offense under California law. Anyone who leaves the scene after being involved in or causing an accident can be charged with hit-and-run. The seriousness of the charges will depend on whether the accident involved property damage, injury, or death. If convicted, the driver faces fines, a license suspension, probation, and possibly even incarceration. However, it may be possible to avoid some or all of these repercussions. Sometimes a carefully negotiated plea bargain can reduce or eliminate punishment. In other cases, it may be possible to create reasonable doubt of the driver’s guilt and win an acquittal.

Evading arrest is another California offense with extremely serious repercussions. Anyone who fails to stop for police when requested to do so may be charged with this offense. Drivers who fail to stop for police are often charged with evading with reckless driving, a more serious offense. If someone other than the driver is hurt or killed during a police pursuit or other attempt to stop the driver, the motorist likely will be charged with evading causing injury or death, which is a very serious offense.

If a driver charged with hit-and-run or evading arrest is found to have a BAC of .08 percent or greater, or if alcohol or drugs were a factor in the incident, the motorist will also be charged with driving under the influence. These are complex cases that require expert legal representation.

Criminal Defense Attorneys in California

The knowledgeable defense attorneys of The Kavinoky Law Firm have the experience needed to effectively defend any vehicular offense and will stand up for the driver’s rights and freedom. To learn more about effective defenses to California DUI, hit-and-run, or evading arrest charges, contact a skilled defense lawyer today for a free consultation.

Top 10 myths about sex offenders

The social stigma that attaches when someone has only been charged with a sex crime makes it almost impossible to receive a fair trial. The skilled criminal attorneys at The Kavinoky Law Firmspecialize in California sex crime defense and know the most effective ways to dispel the myths that pervade our society, to ensure that their clients receive fair consideration from skeptical judges and jurors.

The following are the top 10 myths that our society readily believes regarding sex offenders.

1. All child molesters are pedophiles.
Fact: Child molesters do so for a variety of reasons, often unrelated to sexual desires. Their victims may be incidental and their primary sexual orientation may even be towards adults. They may molest a child to meet an unmet emotional need.

2. All pedophiles are child molesters.
Fact: Pedophiles have a strong sexual desire towards children but many are content fantasizing in private. Many rely on pornographic materials to fulfill their fantasies in the safety and comfort of their own home, never actually molesting a child.

3. Child pornography collectors molest children.
Fact: Some child molesters use child pornography – not all child porn collectors molest children. Research reveals that many child molesters aren’t stimulated by child porn and (if they collect pornographic materials at all) actually collect adult porn. There is no evidence to suggest that sex offenders use pornography with any more frequency than non-offenders.

4. All convicted child molesters re-offend.
Fact: A convicted child molester may have molested a child because of poor self-esteem, due to a perceived inability to be close with an adult partner or to escape feelings of powerlessness and loneliness. Many molest due to a specific circumstance and not based on an ongoing need.

5. The more serious the initial offense, the more likely the person will re-offend.
Fact: This is perhaps one of the most commonly exploited myths – and easy to dismiss with research and reports. Recidivism (relapse) rates for sex offenders are lower than for the general criminal population and rape (one of the most severe sex crimes) has an extremely low relapse rate.

6. All convicted rapists re-offend.
Fact: This, too, is a largely publicized, political fear-tactic that has no bearing on reality. Convicted rapists have one of the lowest recidivism rates among criminals, and the only group that is lower is convicted murderers.

7. Most sexual assaults are committed by strangers.
Fact: Regardless of whether the victim is an adult or a child, the fact is that most sexual assaults are committed by an individual known to the victim or to the victim’s family. 9 out of 10 rape or sexual assault acts involve a single offender who had a prior relationship with the victim as an acquaintance, intimate partner or family member.

8. Indecent exposers are rapists waiting to happen.
Fact: This is a huge leap. Indecent exposers (also known as flashers) reportedly engage in such behavior to feel validated. Many believe that they are performing a harmless act and that flashing is a victimless crime.

9. Punishment is the best deterrent.
Fact: Certain types of rehabilitation have a much better deterrent effect on recidivism than punishment. The fact is that longer prison sentences have a higher recidivism rate than shorter sentences – those more than 2 years increased the rate and those less than 6 months had no effect on the rate. Research supports that cognitive-behavioral therapy is the best treatment for adult offenders (focusing on the social influences, values and habits that contribute to these crimes, teaching techniques to cope) and that systematic therapy is the best treatment for adolescent offenders (focusing on the needs of family and other social systems that influence these offenders, including peers and school).

10. Treatment for sex offenders doesn’t work.
Offenders who successfully complete treatment programs re-offend less often and less seriously than those who receive no therapy – period. Research continually reveals that sex offenders can be successfully treated.

To learn more, contact the outstanding sex crime defense lawyers at The Kavinoky Firm for a free consultation.

Types of White Collar Crimes and Cases

White collar crimes are those that are commonly attached to businesses and business employees. The most common type of California theft is white collar crime. The difference between regular theft and white collar theft is that force or fear may be used in the commission of a regular theft, or regular theft may refer to unsophisticated, crude, impulsive acts. White collar crime is different, and usually refers to criminal acts that are more sophisticated or complex. This crime is the use of trickery or fraud rather than force or fear to convince an individual to entrust property to the thief. Typically, the victim of white collar crime is not the subject of violence, and he or she is generally not in fear of violence when unknowingly giving property to a thief.

Common forms of white collar crimes include larceny by false pretenses, embezzlement, trickery, and fraud. These are known as the common law offenses. However, there are wide-ranging white collar crimes that extend beyond the state of California and go into the realm of federal regulation.

A person accused of using unfair and deceptive trade practices can be prosecuted on either the state or the federal level, since California’s unfair and deceptive practices statutes draw heavily on the federal statutes. Unfair and deceptive trade practices cover such acts as false advertising. These statutes were developed with the essential purpose of protecting the consumer.

Securities and commodities are regulated by both the state of California and the federal government. Today, most of California’s rules mirror those of the federal law. For the most part, the Securities Exchange Acts that exist today are, in effect, protections for the integrity of the market. These protections create an even playing field for investors, which results in an open exchange of information. In other words, people who want to invest in the market do not have to be business insiders to make decent investment decisions. For this reason, audits and profit reports must be true and accurate. Further, insider trading is illegal. Insider trading is the buying, selling or trading of stocks based on information that is not known to the public. It is completely illegal for someone to trade stocks based on non-public information.

Securities laws are often extremely complex, and can hinge on the smallest details. It takes an extremely detailed and experienced lawyer to fight for a client against the resources of the state’s Attorney General or the SEC. The Kavinoky Law Firm can help now. Call for a free consultation and case evaluation.

Other white collar crimes include tax violations, regulatory, health, or environmental violations. Anti-trust is another white collar crime, but it is not exactly the type of crime a typical small business owner can commit. It is generally reserved for the giant corporations.

Fraudulently acquiring investments or business opportunities are white collar crimes. So is real estate fraud and construction fraud. While many of these crimes seem harmless, they are not. There are typically many victims who are left with nothing as the result of a white collar crime. The state or the federal governments are vigorous in prosecuting these crimes because they are trying to maintain the integrity in everyday business deals that the economy depends on. Therefore, it is crucial to find attorneys who will defend you more even vigorously than you will be prosecuted. The Kavinoky Law Firm will be of valuable assistance to you.