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White collar defense

White collar charges, handled with care

Fraud, embezzlement and forgery allegations often come from work, business or money matters, and they often involve people with no criminal history. Marcus E. DeBose helps San Diego clients respond to investigations and defend charges with their careers and reputations in mind.

White collar cases rarely start with handcuffs. They usually start with an audit, a phone call from a detective, a letter, or an employer's accusation.

The people facing these allegations are often professionals, employees and business owners who have never been in trouble. What is at risk goes beyond a sentence: a career, a professional license, savings and a reputation built over many years. Marcus E. DeBose takes the time to understand the full story behind the numbers, then presents it to the prosecutor and the judge.

Allegations Marcus defends

  • Embezzlement, taking money or property you were entrusted with (Penal Code section 503)
  • Fraud, including theft by false pretenses and schemes involving false statements
  • Insurance fraud, including claims after accidents and workers' compensation matters
  • Forgery, such as signing another person's name or altering a document or check (Penal Code section 470)
  • Identity theft, using another person's identifying information without permission (Penal Code section 530.5)

Many of these offenses are wobblers, which means they can be charged as a felony or a misdemeanor depending on the facts and the amount involved. See felony defense for how reductions can work.

If you are under investigation

The period before charges are filed can be one of the most important in a white collar case. Investigators may be gathering bank records, emails and statements. What you say, and what you sign, during this time can shape what follows.

Before you answer questions or repay anything, get advice. A well-meant explanation, an apology email or a repayment agreement can later be treated as an admission. A defense attorney can help you respond in a way that protects you.

Common defense questions

Every case turns on its own facts, but white collar defenses often focus on:

  • Intent. Many fraud offenses require proof that you meant to deceive. Accounting errors, informal business practices and misunderstandings are not crimes.
  • Authorization. Did you have permission, or believe you did, to use the funds or sign the document?
  • The records. Financial evidence can be incomplete or open to more than one reading.
  • The amount. The value involved can affect whether a charge is a felony or a misdemeanor.

Protecting what comes next

For many clients the priorities are keeping a felony off their record, protecting a professional license, and resolving the matter as privately as possible. Depending on the case, that may mean negotiating a reduced charge, a resolution that includes restitution, or taking the case to trial. Later, record relief may be available.

If you are being investigated or have been charged, book a free consultation. Meet Marcus at his Mission Valley office, or talk by phone or Zoom.

This page is general information about California law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome.

White collar questions

General answers only. For advice about your case, talk to Marcus.

A detective wants to talk to me about a work matter. What should I do?

Do not answer questions about the matter until you have spoken with a defense attorney. You have the right to remain silent and the right to an attorney, and an attorney can often communicate with investigators for you.

What is embezzlement under California law?

Embezzlement generally means taking property or money that was entrusted to you, such as an employer's funds, for your own use. It is defined in Penal Code section 503 and is generally punished like theft, so the value involved can affect whether it is a misdemeanor or a felony.

Can I pay the money back to make the case go away?

Repayment can matter, and in some cases it is part of a resolution. It does not automatically end a criminal case, and how and when it is offered matters. Speak with an attorney before making any payment or written admission.

Will a white collar conviction affect my professional license?

It can. Many licensing boards take criminal convictions into account, especially those involving dishonesty. Protecting your license is often a central goal, so tell your attorney about any license you hold at the start.

Free consultation

Ready to take the next step? Talk to Marcus today.

Whether you were arrested last night or you have a court date coming up, the earlier you call, the more options you may have.

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