Fraud or Embezzlement Attorney Long Beach

Long Beach Fraud Attorney

Fraud or Embezzlement in Long Beach

Long Beach White-collar crimes typically involve business and professional individuals who have made poor choices. Since the proof of white-collar crimes can often be complicated financial documents, it can be difficult figuring out who may be criminally liable, and authorities might accuse an innocent person.

These kinds of investigations often come to light before the authorities even being apprised by the victim. We could usually intercede and stop the case from being referred to the government for criminal prosecution. Many of these types of cases are usually filed in federal court and the stakes are certainly high.

Experienced Fraud Lawyer Long Beach

At our Long Beach criminal defense law firm, each of our white-collar crime attorneys are tenacious negotiators and tough litigators who can handle complicated, large evidence. We’ve got many years of criminal law practical experience.

Long Beach White Collar Crimes

Our white collar crime lawyers strongly defend our clients arrested for or currently being investigated for a white collar crime. Some possible white collar crimes include the following:

- Bank Fraud

- Credit Card Fraud

- Healthcare Fraud

- Mail and Wire Fraud

- Insurance Fraud

- Embezzlement

- Real Estate Fraud

- Investment Advisory Fraud

- Pension Fraud

- Workers’ Compensation Fraud

- ERISA Fraud

- Stock Market Irregularities

- RICO Violations

If you or maybe a loved one is arrested for or are being investigated for a Long Beach Embezzlement crime, please be sure to contact us today.

Basic Elements Of A Fraud Action Long Beach

Deceit and fraud are described separately in statutes. Liability for actual fraud is limited to acts committed by or with the connivance of a party to a contract together with the intention to deceive another party to the contract and induce that party to enter into the contract.

Deceit: One who willfully deceives another with intent to induce the other to alter his or her position to his or her injury or risk is accountable for any damage suffered because of the deceit. There are 4 categories of deceit:

1. The suggestion, as a fact, of that which isn’t true, by one who does not believe it to be true, usually referred to as intentional misrepresentation;

2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true, commonly referred to as negligent misrepresentation;

3. The suppression of a fact, by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact, commonly referred to as concealment; and

4. A promise, made without any intention of performing it, commonly referred to as false promise.

Actual Fraud: Actual fraud includes any of the following acts, committed by or with the connivance of a party to a contract with intent to deceive another party to the contract, or to induce the other party to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true;

3. The suppression of that which is true, by one having knowledge or belief of the fact;

4. A promise made without any intention of performing it; and

5. Any other act fitted to deceive.

Constructive Fraud: Constructive fraud consists of any breach of duty which, without having actual fraudulent intent, gains an advantage to the person in fault, or any person claiming under the person in fault, by misleading another to the prejudice of the person misled, or to the prejudice of anybody claiming under the person misled. In addition, constructive fraud consists of any act or omission that the law specially states to be fraudulent, without respect to actual fraud.

Election of Remedies: A plaintiff who has entered into a contract in reliance upon the fraud of a defendant may elect either the contract remedy, consisting of restitution based on rescission of the contract, or the tort remedy, by affirming the contract and seeking damages.

A plaintiff can file a complaint expressing causes of action in both contract and tort, but may possibly be required to choose one remedy or the other at some time before judgment.

Standard Procedural Outline for Fraud Long Beach:

No two cases are the same and procedures vary with the nature and intricacy of the legal and evidentiary challenges involved. The next is a very general outline of the stages of a civil action.

Filing a Complaint

Each and every case begins with the filing and service of a Summons and Complaint. The Complaint can include more than one “causes of action” such as “Breach of Contract” or perhaps “Fraud”.

Service of the Complaint

When the Summons and Complaint have already been filed to the court, they need to be correctly served to the defendant(s). If the defendant(s) accept the service, he/she can sign an Acknowledgment of Service. Otherwise the documents should be formally served.

Response to Complaint

The Defendant(s) have thirty days starting from the date of service of the Summons and Complaint to serve on the Plaintiff(s) either an Answer on the Complaint or perhaps a pleading attacking the sufficiency of the Complaint. Responses challenging the sufficiency of the Complaint has a motion known as the “Demurrer” and a “Motion to Strike”

Hearing of Challenges to Sufficiency of Complaint (When Applicable)

When the defendant(s) decide to file a demurrer or motion to strike, these motions must be heard and ruled upon so the matter may continue. This can take up to two months. In case such motion is sustained and the court grants leave to amend the Complaint, a new complaint has to be drafted and served and the process starts over. Sometimes a second demurrer or motion will probably be filed leading to additional delays.

Discovery

When the Complaint and Answer are already filed both sides commence “discovery” procedures where the evidence important to prosecute both sides of the case. Based on the nature and intricacy of the situation, one or more of the these discovery devices may be used by the parties:

• Interrogatories: Prepared questions that has to be answered under oath.

• Request for Production of Documents: Demands for production of documents by the parties .

• Requests for Admission: Requiring the parties to say which allegations they affirm and which they deny.

Deposition: The parties may be required to appear in the opposing attorney’s office to respond to questions under oath before a court reporter. Depositions can also be taken from 3rd parties.

Subpoena Documents from Third Party: Documents might be subpoenaed from 3rd parties such as banks and employers.

Discovery Motions (If Applicable)

When a party isn’t able or will not follow discovery requests, it might be essential for the party propounding the finding to make a motion in court to compel answers. In the event the court permits the motion, additional responses will be made.

If those responses continue to be inadequate, a different motion can be made and the court could sanction (fine) the resisting party. In extreme cases the judge can even stop the action in favor of the moving party.

Trial Setting

All through the case the court will set several Case Management Conferences to be attended by attorneys for both parties. These kinds of proceedings are created to see whether the case is ready for trial. If the court thinks that the case is completely ready for trial, it’s going to set the date for trial and make orders regarding completion of discovery and final preparation for trial.

Settlement Negotiations

Settlement negotiations may proceed through the entire trial. Usually the court will demand the parties to take a mediation of the issues or will set a “Mandatory Settlement Conference” (MSC) ahead of the trial date. Settlement negotiations generally become more intense as the trial date approaches.

Trial

The vast majority of cases settle before trial. However if the parties can’t settle the case, the only method to fix the issues is by means of trial.