Financial Fraud Laws in California

Fraud is another way of referring to malicious or trickery behavior that one person or entity uses to gain a dishonest advantage over the other. So, financial fraud means that one individual, otherwise known as the fraudster, dupes another and gains some monetary advantage over the victim.

In California, for one, you will notice that people never hesitate one bit when they realize that they can gain some monetary advantage at the expense of some unaware individual. They will violate any rule there is regarding fraud at any time and day. These financial fraud cases are usually more prevalent among family members or someone related to the fraudster in a significant way. Engaging in acts that dupe another victim, which can end up injuring or harming him can also be considered fraud in California.

Fraudulent acts are usually driven by two motives and the first and most common motive is usually the financial gain aspect of it all. The second motive is when the fraudster is looking to try and escape some criminal activity of some kind and with those two in mind, you can ascertain that there are quite a number of fraudulent acts that require the attention of the laws in California. When you do enough study in this field, you will notice that even though most of these fraudulent acts may be based mostly on these two motivators, some are completely different and are not even linked to the said motivations.

Laws and penalties

In California, these fraudulent crimes are referred to as the “white collar crimes.” Any case concerning fraud is usually a very serious offense and need to be handled with care. In most cases, the fraudsters are usually subjected to very harsh fines or a substantial number of years in their prison sentences.

Fraud-related crimes always carry different and specific penalties for them. In fact, many of the fraudulent acts committed in California, called the California Wobbler offenses, are a short way of saying that they will all be charged using the California theft laws in relation to the perpetrator’s felony offenses or misdemeanors.

The degree of sentencing you are going to receive in regards to your fraud case depends a lot more on your criminal records and history and the facts that have been presented in the case. California also regards some types of fraud cases as automatic felonies like cyber fraud which are under the federal crimes department. If found guilty of such a fraud case, you stand a chance of being prosecuted in state or federal law courts and this will only subject you to even higher penalties than with the lower cases.

Fraud defense

Most of the time you find that many of the attorneys of the defense teams using serious legal defenses in an attempt to try and have the initial penalties that the defendant is expected to pay to be lowered. Most of them use defense strategies that many of the attorneys in the defense teams usually use is the matter of intent of the defendant. If the attorney can be able to prove that the defendant never really had any intentions of defrauding anyone, then the charges can be significantly dropped, and in some rare cases maybe even dismissed.

Do you have a question about financial fraud laws in California? Click here to contact Von Esch Law today!

California Property Division Laws

Divorces may rank among some of the most horrifying moments married partners have to deal with and it gets even more complicated and stressful when properties are involved.

For instance, one partner contributes a larger sum of finances into an investment owned by the two parties like a residence or even in cases where there are pension and retirement benefits to divide. Chances are that tempers will rise and words will be thrown and finally a lawsuit will be filed. Here is where the stakes get higher.

Family law litigation will definitely ensure that the whole divorce process takes longer than anticipated and more legal expenses will also be incurred in the long run. At the end of the day, you will realize that the emotional and financial aspects of it all may cost so much that you even start thinking whether it was a wise choice to go to court.

But if you believe that the court can rule in your favor, then this is the time you need to look for a good and experienced attorney in the field who will advise you on how you should proceed with the case.

Marital property

Marital property can be classified into many different classifications, namely the quasi-community property and the quasi-marital property. At this stage, the judges and attorneys attempt to figure out the total assets and debts of the two partners and their attributes towards these debts as both community and separate properties.

Community property

This is a fancy name of calling the property that is obtained during a marriage and is still owned until the date of the separation, and which may also be subjected to be community property as per the laws of California. In such cases, each of the separated parties has 50% ownership interest in all of the community properties as well as the equal rights of the control and management of the properties.

Community property usually includes all the assets and debts of the separated couple in a marriage as well. This is usually a vital step in trying to determine who will be responsible for paying off the debts during the legal separation or marriage dissolution.

Quasi-community property

This is also another very important consideration you need to have in mind when filing for a divorce if the property involved was acquired by both partners outside of California during the marriage. It’s no big news to find married couples that own houses in other states or countries together these days as people tend to move around a lot. And in the process, you and your spouse may decide to buy new residences in other states which can be a real headache, especially when the couple now wants a divorce and both are laying claim to these properties.

These types of assets are usually referred to as the “quasi-community properties” which is another way of saying that this is a case of legal separation between two parties who acquired property from another state while they were still married.

In such cases, the quasi-community properties are usually treated as part of the “community estate” and are always divided as with the community property. Equal treatment is given to both sets of property by the law of California.

Do you have a question about division of property during a divorce? Click here to contact Von Esch Law today!