If you are facing white collar crime charges in San Diego, the consequences can be severe — including years in state or federal prison, heavy fines, restitution, and lasting damage to your professional reputation. White collar crimes are aggressively prosecuted in California, and you need an experienced defense attorney who understands both the legal complexities and the high stakes involved.
At the Law Offices of Kerry L. Armstrong, APLC, our attorneys have more than 35 years of combined experience defending clients accused of embezzlement, fraud, money laundering, identity theft, and other white collar offenses. We represent individuals and business professionals in San Diego County and throughout Southern California in both state and federal court.
Contact our San Diego office for a free, confidential consultation.
What Is White Collar Crime?
White collar crime refers to financially motivated, nonviolent offenses typically committed by individuals, businesses, or government professionals. The term was coined by sociologist Edwin Sutherland in 1939 to describe “a crime committed by a person of respectability and high social status in the course of his or her occupation.”
Under California Penal Code Section 186.11, the state’s white collar crime enhancement applies when a defendant commits two or more related felonies involving a pattern of fraud or embezzlement totaling $100,000 or more. This enhancement adds 1 to 5 additional years in state prison on top of the sentence for the underlying offenses.
White collar crimes can be prosecuted at the state level by the San Diego County District Attorney or at the federal level by the U.S. Attorney’s Office. Federal investigations often involve agencies such as the FBI, IRS Criminal Investigation, and the SEC.
Types of White Collar Crimes Under California Law
Under the statute, you could be charged with a white collar crime if you:
- Commit two or more related felonies;
- The felonies are based upon a pattern or series of acts; and,
- The pattern of felony conduct involves fraud, embezzlement, or other misappropriation of items valued at $100,000.
The operation of the white collar crime law is an enhancement instead of a separate crime. If convicted of the two felonies described in #1 in a single criminal case, you face a term of imprisonment in addition to the sentence for the underlying felonies.
Depending on your criminal history and the surrounding circumstances, the additional prison time could be two, three, or five years.
Some examples of crimes falling under the white collar classification include:
Embezzlement
This crime occurs when someone is entrusted with custody of money or property, and then converts it to his or her own use. The unique feature regarding embezzlement is that the individual had lawful possession of the item at one point, but engages in unlawful conduct by misappropriating it.
The offense most common in the employer-employee relationship or where executives misappropriate corporate property.
Bank Fraud
This offense involves a pattern of crimes with the intent to defraud a bank or other financial institution. Check kiting – writing checks from different accounts where there are no funds to cover the amounts – is an example.
Cell Phone Fraud
If you tamper, use, or manipulate a cell phone or telecommunications service of another person, you could be charged with the white collar crime of cell phone fraud.
The offense is typically committed through theft of the phone and cloning the serial number, or by procuring cell phone services through falsified information.
Counterfeiting
You could be charged with counterfeiting if you copy or reproduce an item, without permission, and with the intent to pass it off as an original.
Though commonly associated with paper money, counterfeiting may involve such items as designer clothing, jewelry, and other accessories.
Insider Trading
In the securities sector, a person may commit insider trading by using confidential knowledge to make decisions regarding stock transactions.
Insurance Fraud
A person could be charged with insurance fraud by falsifying information when filing a claim. An example may be causing damage to your own home or setting it on fire, and then making a claim for insurance proceeds under the terms of your policy.
Money Laundering
This crime may involve investing, transferring, or otherwise manipulating money that was procured through illegal methods.
Money laundering is often a charge in drug or gambling schemes where the perpetrators are attempting conceal the illegal source.
Forgery
When a person has the intent to defraud an unknowing person without permission to do so, create a fictitious name, check, etc., it is constituted as fraud. This type of white collar crime is punishable as a felony by 16 months, 2 years, or 3 years in California state prison.
Bribery
This white collar crime is constituted by the intent to give or offer something of monetary advantage or worth. It must be given or offered to an arbitrator, judicial officer, juror etc. It is punishable by up to 2, 3, or 4 years as a felony in prison.
Identity Theft
When a person knowingly obtains the identity of a person that is not their true self, it is constituted as identity theft. Identity theft is one of the largest and fastest growing criminal activities in the United States to date.
Computer Fraud
Commonly termed “hacking,” this offense involves usage of an electronic device to engage in acts of fraud. Computer fraud is often the one of the two felonies involved with a white collar crime, with the other being identify theft.
Extortion
The force may be in a threatening form of a person themselves or of their property as well as family members.
Also, a threat to expose information, specifically a secret, may constitute this white collar crime. Extortion is punishable in state prison by 2, 3, or 4 years.
White Collar Crime Penalties in California
The penalties for white collar crimes in California vary significantly depending on the specific offense, the amount of money involved, and whether the case is prosecuted in state or federal court. Many white collar offenses are wobblers — meaning they can be charged as either a misdemeanor or a felony at the prosecutor’s discretion.
| Offense | Classification | Potential Sentence | Fine |
| Embezzlement (PC 503) | Wobbler | Up to 3 years (felony) | Up to $10,000 |
| Forgery (PC 470) | Wobbler | 16 months–3 years (felony) | Up to $10,000 |
| Identity Theft (PC 530.5) | Wobbler | Up to 3 years (felony) | Up to $10,000 |
| Insurance Fraud (PC 550) | Wobbler | 2–5 years (felony) | Up to $150,000 or 2x fraud |
| Bribery (PC 67) | Felony | 2–4 years | Up to $10,000 |
| Money Laundering (PC 186.10) | Felony | Up to 3 years | Up to $250,000 or 2x amt |
| Extortion (PC 518) | Felony | 2–4 years | Up to $10,000 |
| PC 186.11 Enhancement | Enhancement | +1 to 5 additional years | — |
In addition to imprisonment and fines, a white collar crime conviction can result in mandatory restitution to victims, probation with strict conditions, loss of professional licenses, and immigration consequences for non-citizens.
How Our San Diego Attorneys Defend White Collar Crime Cases
White collar crime cases are often built on extensive documentary evidence, financial records, emails, contracts, and bank statements. Our defense team conducts a thorough review of every piece of evidence, looking for weaknesses in the prosecution’s case.
Common defense strategies in white collar cases include:
- Lack of intent — Many white collar charges require proof that the defendant acted with specific intent to defraud. We challenge the prosecution’s evidence of intent.
- Insufficient evidence — We examine whether the evidence actually supports each element of the charged offense beyond a reasonable doubt.
- Entrapment — If law enforcement induced you to commit a crime you would not otherwise have committed, entrapment may be a valid defense.
- Statute of limitations — Some white collar offenses have specific filing deadlines. If the prosecution waited too long, the charges may be barred.
- Duress or coercion — If you were forced or pressured into the alleged conduct by threats or intimidation, this can serve as a defense.
- Negotiated resolutions — In appropriate cases, we negotiate plea agreements, deferred prosecution agreements, or cooperation deals that minimize penalties and protect your future.
Frequently Asked Questions
What is the difference between state and federal white collar crime charges?
State white collar crimes are prosecuted by the San Diego County District Attorney under the California Penal Code. Federal charges are brought by the U.S. Attorney’s Office and typically involve offenses that cross state lines, use federal systems (such as wire transfers or the U.S. mail), or target federally regulated institutions. Federal cases often carry harsher penalties and mandatory minimum sentences.
Can I go to jail for a first-time white collar crime offense?
Yes. While some first-time offenders may receive probation, many white collar crimes — especially those involving large sums of money — carry mandatory prison time. Under the PC 186.11 enhancement, if the pattern of fraud or embezzlement exceeds $100,000, the court can add 1 to 5 years to your sentence. An experienced defense attorney can work to minimize or avoid incarceration.
How long do white collar crime investigations take?
White collar crime investigations can last months or even years before charges are filed. Federal investigations, in particular, are often lengthy because agencies like the FBI and IRS build extensive paper trails. If you suspect you are under investigation, it is critical to consult a defense attorney immediately — even before charges are filed — to protect your rights and begin building your defense.
Consult with a San Diego White Collar Crime Defense Attorney
For all the listed reasons, it is important to have great attorneys on your side. The Law Offices of Kerry L. Armstrong, APLC, come equipped with the best lawyers in order to represent and defend the accused on all white collar crime charges.
The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.
If you’ve been charged with a white collar crime, please contact our San Diego office to set up a free consultation. We can discuss defense strategies after reviewing the details of your case.