What to do during an investigation
If an investigator calls or visits, do not talk yet
You can politely say, "My lawyer will contact you." Write down their name, agency, and phone number. An investigator who says they are "just gathering information" may be collecting evidence against you.
Subpoena or search warrant? Show it to a lawyer.
A subpoena has a response deadline, and a search warrant must be allowed to proceed, but do not answer questions or sign any statement. Send photos of the papers to a lawyer right away.
Preserve records. Do not delete or alter anything.
Keep company books, emails, messages, and tax records exactly as they are. Deleting or changing records can be a separate crime and makes the case harder.
Do not coordinate stories with coworkers
Contacting coworkers or others involved to align accounts can be treated as witness interference. Ask a lawyer before any such contact.
Do not rush to repay or sign an admission
Repayment can help, but when to repay and how to word it should be decided with a lawyer.
Common charges and what can happen
This is the general picture for California state-court cases. The outcome depends on the amount, the evidence, any prior record, and the court, and is not a prediction for your case.
Grand theft: PC 487
Obtaining property worth more than $950 through deception can be charged as grand theft, which can be a misdemeanor or a felony.
Identity theft: PC 530.5
Using someone else's identifying information without consent, for example to open accounts or apply for loans or benefits, can be a misdemeanor or a felony.
Insurance fraud: PC 550
Staged accidents, inflated losses, and false medical bills are examples; many forms can be charged as felonies.
EDD unemployment fraud
Claiming unemployment or pandemic benefits with false information is often charged under California unemployment insurance provisions together with grand theft.
Embezzlement: PC 503 / 508
Taking money entrusted to you by a company or employer for your own use; the amount determines whether it is a misdemeanor or a felony.
What can happen
Possible jail or probation, fines, and full restitution to the victims. Large-loss cases can carry sentence enhancements, and professional license holders may face discipline.
How we help
Many white-collar cases take shape before charges are filed. The earlier you call, the better.
- Step in before charges：Your lawyer communicates with the investigator or prosecutor, learns what evidence they have, and when appropriate presents your side and supporting evidence before charges are filed.
- Organize the records：We put bank records, contracts, and emails into a clear timeline and identify what shows there was no intent to deceive, or that the loss was miscalculated.
- Negotiation and restitution：Based on the evidence and any repayment, we negotiate for a reduced charge, a lower loss finding, or a lighter outcome. Whether that is possible depends on the case, and we do not promise results.
- Court appearances：In misdemeanor cases your lawyer can usually appear for you under Penal Code 977. In felony cases you attend in person with your lawyer.
- Immigration review：Fraud offenses hit non-citizens hard. Before any plea, you can have one of Lingtu's immigration lawyers assess the effect of the charge and the loss amount.
How a fraud case can affect immigration status
Fraud is usually a crime involving moral turpitude
Fraud and theft offenses are generally treated as crimes involving moral turpitude, which can affect visas, green cards, and naturalization, and if committed within a few years of admission can lead to removal.
Losses over $10,000 can make it an aggravated felony
A fraud conviction with a loss of more than $10,000 can be treated as an aggravated felony, with the most severe consequences and most relief barred. The loss amount in the plea is itself a key point of negotiation.
A one-year sentence matters too
A theft-type conviction with a sentence of one year or more can also be treated as an aggravated felony. Sentence length and the loss amount must be considered together.
Disclose it when you naturalize
The N-400 asks about every arrest, and a fraud case affects the good moral character assessment.
Check the immigration impact before any plea
See immigration consequences of criminal cases for more.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
Accused of Taking $40,000 From a Former Employer. Line-by-Line Reconciliation Cut the Gap to Under $10,000, and the Felony Was Reduced to a Misdemeanor
Felony reduced to misdemeanor · Probation, no jail
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Fraud and white-collar FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
