White Collar Defense · Los Angeles County
Los Angeles White Collar Crime Attorney
Regulator or DA Reached Out?
Pre-filing intervention. Restitution structuring. Loss-amount litigation.
Daniel S. RubinWhite Collar Defense Attorney
01 — Quick Facts
White Collar Cases — At a Glance
02 — The Law
State & Federal White Collar Framework
"White collar" is a catch-all for non-violent financial crimes prosecuted under both state law (Penal Code §§484–503 and §550) and federal law (Title 18). California divides theft-related offenses by amount at the $950 line and by relationship of trust — an ordinary theft becomes embezzlement under PC §503 (opens in new tab) when fiduciary duty applies.
Federal cases layer on wire fraud (§1343) (opens in new tab), mail fraud, bank fraud, and money laundering — see our federal crimes page for the guideline-driven exposure and the pre-indictment defense window.
03 — Penalties
White Collar Penalties — Loss Amount Drives Sentence
| Offense | Statute | Statutory Max | Guideline Driver | Restitution | Forfeiture |
|---|---|---|---|---|---|
| Petty Theft | PC §484 / §490 | 6 months jail; $1,000 | — | Mandatory | No |
| Grand Theft | PC §487 | 3 yrs prison (felony) | — | Mandatory | No |
| Embezzlement | PC §503 | Graded by amount | — | Mandatory | Yes |
| Aggravated White Collar | PC §186.11 | +2 to 5 yrs consecutive | ≥$100,000 threshold | Mandatory | Yes |
| Federal Wire Fraud | 18 U.S.C. §1343 | 20 yrs per count (30 if bank) | USSG §2B1.1 (loss) | Mandatory | Yes |
| Federal Mail Fraud | 18 U.S.C. §1341 | 20 yrs per count | USSG §2B1.1 | Mandatory | Yes |
| Money Laundering | 18 U.S.C. §1956 | 20 yrs per count | USSG §2S1.1 | Mandatory | Yes |
| Bank Fraud | 18 U.S.C. §1344 | 30 yrs per count | USSG §2B1.1 | Mandatory | Yes |
USSG §2B1.1 loss enhancements: $6,500 loss = +2 levels; $150,000 = +10 levels; $1.5M = +16 levels; $9.5M = +20 levels; $65M = +24 levels. A single $500,000 wire-fraud count often produces a 51–63 month guideline range.
Additional Consequences Beyond the Courtroom
- Mandatory restitution to victims and financial institutions
- Asset forfeiture of proceeds and instrumentalities (18 U.S.C. §982)
- Professional-license discipline (bar, CPA, medical, securities)
- Immigration: fraud >$10,000 is an aggravated felony
- Loss of security clearance and government-contracting eligibility
- SEC / FINRA / state licensing bars in securities cases
- Civil liability and treble damages under RICO / FCA
- Employment background exposure — visible for life without relief
04 — Defense Strategies
How We Defend White Collar Cases
No Fraudulent Intent
Fraud is a specific-intent crime.
- Good-faith belief, mistake, and civil-dispute framing negate the mental-state element.
Loss Amount Attack
Loss drives the federal guideline and state aggravation.
- We forensic-audit the government's number and litigate credits, offsets, and causation.
Restitution Structuring
Voluntary pre-charge restitution can be the difference between a felony filing and civil resolution — timing and mechanics are decisive.
Parallel Proceedings
White collar cases often run in parallel across DOJ, SEC, IRS, DBO, and civil litigation.
- We coordinate defense to avoid privilege waivers and admissions.
Suppression & Privilege
Overbroad search warrants, filter-team violations, and privilege breaches produce exclusion and dismissal opportunities.
Diversion & DEJ
First-offender fraud cases can qualify for judicial diversion, deferred entry of judgment, or civil compromise under PC §1377.
05 — Charge Types
White Collar Charges We Defend
Unauthorized computer access, identity theft, phishing operations.
Learn more06 — Possible Outcomes
Possible Outcomes in a White-Collar Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Suppression of records seized outside the search-warrant scope
- DA or U.S. Attorney declination after mitigation and reverse proffer
- Speedy-trial and grand-jury dismissals
Reduced Loss & Reduced Charge
- Loss-amount challenges under USSG §2B1.1
- Wobbler filings reduced under PC §17(b)
- Restitution-based civil-compromise resolutions
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Cooperation credit under USSG §5K1.1
- Home confinement and camp designation
- Community-service and probation in lieu of custody
Pretrial & Regulatory Alternatives
- Pretrial diversion under 18 USC §3154
- Deferred prosecution agreement in federal cases
- Regulatory resolution (SEC, FINRA, DBO) in lieu of prosecution
07 — Collateral Consequences
Beyond Prison
- Professional license discipline (CPA, real estate, insurance, law, medicine)
- SEC and FINRA bars for finance-industry defendants
- IRS civil penalties (75% fraud penalty) in parallel
- Immigration: crimes involving moral turpitude and aggravated felony exposure
- Restitution obligations enforceable for 20+ years
- Asset forfeiture — bank accounts, homes, and business interests
- Employment bars in banking, healthcare, and government contracting
- Civil litigation exposure with collateral estoppel from criminal findings
08 — FAQs
White Collar Crimes Questions — Los Angeles
What is considered a white collar crime?
A non-violent, financially motivated offense — typically involving fraud, deception, or breach of trust. Common examples include embezzlement, grand theft, wire fraud, insurance fraud, securities fraud, identity theft, and money laundering.
Is white collar crime a felony?
It depends on the amount and the statute. California theft under $950 is a misdemeanor; over $950 is a wobbler. Federal wire and mail fraud are felonies regardless of amount. Loss-amount and aggravating-conduct facts drive both filing and sentencing.
Can restitution eliminate a white collar case?
Not automatically, but voluntary pre-charge restitution — combined with civil compromise under PC §1377 for eligible non-violent offenses — can result in DA rejection, reduced filing, or diversion. Timing must be coordinated with counsel to avoid admissions.
Will my licenses be affected?
Yes. Professional licensing agencies (Medical Board, State Bar, DRE, CDI, CBA, CPA) initiate parallel discipline on white collar convictions and, in many cases, arrests. Defense strategy must account for licensing exposure from day one.
What is aggravated white collar crime enhancement?
PC §186.11 adds 2–5 years and enables asset seizure when the fraud pattern involves losses of $100,000 or more. The enhancement stacks on the base offense and can convert a probation case into a mandatory prison case.
How do federal and state white collar cases differ?
State cases are prosecuted by county DAs under the Penal Code with parole/probation options. Federal cases are indicted by grand jury, sentenced under advisory Guidelines, and served at ~85% with no parole. Federal exposure is typically higher for the same underlying facts.
Can I be charged with fraud based on a business dispute?
The line between civil breach of contract and criminal fraud is intent. Prosecutors regularly criminalize what looks like a business dispute. Effective early defense reframes the case as civil, defeats the mens rea, and produces DA rejection or dismissal.
Is embezzlement expungeable?
Misdemeanor and probation-eligible felony embezzlement convictions are typically eligible for expungement under PC §1203.4 after successful probation. Prison-imposed felonies require Certificates of Rehabilitation or a Governor's Pardon.