Ron Cordova Attorney-at-Law Irvine Criminal Defense Attorney | Federal & White Collar Crimes | Orange County CA2024-03-11T23:03:24Zhttps://www.roncordovalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100364/2020/02/cropped-site-icon-32x32.pngOn Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=516102024-03-11T13:12:52Z2024-03-11T13:12:52ZLegal vs. illegal insider trading
Insider trading is legal when company insiders, such as executives and employees, buy or sell shares of their company's stock and report these transactions to the Securities and Exchange Commission (SEC). When company insiders make their trades based on information is not public facing, however, such transactions are illegal. The unethical practice of trading a public company's stock or securities based on non-public information undermines market integrity and fairness.
Types of unlawful insider trading
Examples of illegal insider training include:
Corporate insiders, including executives and employees, buying or selling company stock based on privileged information. This information could range from financial results to upcoming mergers or acquisitions.
Tipper or tippee trading that involves a chain of individuals, where the “tipper” provides confidential information to a “tippee” who then trades on the information. Both parties can face legal consequences.
Trading based on rumors or speculative information when the information hasn’t been officially disclosed. This form of insider trading is difficult to regulate but can result in significant market impacts.
Understanding insider trading is important for anyone involved in financial markets. As an investor or market participant, staying informed about legal and ethical practices is essential for avoiding the severe penalties associated with illegal insider transactions. Knowledgeable and competent legal representation is essential if you are facing insider trading charges.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515672023-09-12T18:38:33Z2023-09-12T18:38:33ZSome experts consider polygraphs “junk science”We often hear about a suspect failing a lie detector test or that it was inconclusive and thus provides an inference of guilt. Some experts disagree, however, and even label polygraph tests as “junk science.”
A polygraph, or lie detector, test monitors the body’s physiological responses such as heart rate, blood pressure, breathing and sweat. The underlying theory is that when a person is being deceptive, these responses change due to stress.
But several other factors will be reflected in those physical changes:
Environment
Mental health issues, such as anxiety or obsessive-compulsive disorder
The experience level of the examiner
Bias
Certain medical conditions and medications
Even an innocent person may be nervous while answering truthfully. And a pathological liar may show no physical response when lying. Both of these circumstances could readily lead to inaccurate readings.
Because courts recognize that the validity of lie detector tests is questionable, their results are rarely if ever admissible in court. Many innocent persons have been convicted because of their polygraph results, only to be exonerated later by more scientific methods, such as DNA testing.
If you are asked by a law enforcement officer to take a lie detector test, your best option is to exercise your legal rights and decline the invitation.
]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515602023-08-15T14:45:23Z2023-08-15T14:45:23ZYou have probably seen enough movies and TV shows to believe that you shouldn’t speak with law enforcement unless you have your attorney present. That is one part of fiction that is true in real life—avoid police conversations without representation.
Still, when confronted by law enforcement officers, the urge to explain what happened is often too powerful to resist. The police expect people to be honest during questioning, but you should never forget that they have different rules for themselves andcan legally lie.
Evidence-related falsehoods
It is common for law enforcement officers to say that they have implicating evidence against someone even if they have nothing. For example, they can say that they found your fingerprints or DNA at the scene, and they can lie about eyewitness testimony linking you to a crime.
Untruths about consequences
Police officers are not afraid to misrepresent about what may happen if you refuse to speak or confess. They may say that you will face a lengthy prison term unless you admit you committed a crime. On the other hand, they may lie and say that you can go home if you confess to criminal conduct.
Deceptions about your situation
Although law enforcement officers may not blatantly lie about your legal rights such as remaining silent or having legal representation, they may try to mislead you about them. They may even suggest that you are only having an informal discussion and nothing you say will be used against you.
Simply put, do not speak to law enforcement officers without an attorney to avoid a wrongful arrest or conviction. This rule of thumb applies to all encounters, regardless of the offense that law enforcement officers may be investigating.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515442024-03-11T22:59:19Z2023-07-10T16:02:26Zmitigating factors” and they can be a powerful way to sway the court into imposing a reduced sentence.
What will the court consider?
Generally speaking, the court is free to consider anything that is relevant. The door is wide open and each situation is unique. However, these are some of the most commonly presented mitigating factors:
Your lack of any prior criminal record: If you have never been in trouble with the law beyond a few traffic tickets, your current offense may be more easily viewed as an aberration or an isolated event that was driven by unusual circumstances.
You accept responsibility and show remorse: The more proactive you are about taking responsibility for any harm you may have done – and the more genuinely remorseful you appear – the more likely the court will decide that you can be rehabilitated.
You cooperated with the authorities: If you took the opportunity you were given to help the authorities with an investigation or to testify against another defendant, you can benefit when it comes to your own sentencing.
You are suffering from addiction: Alcoholism, drug use and gambling are all addictions, and they can drive criminal behavior. If you’re able to acknowledge your problem and are willing to get treatment, the court may consider that as an alternative to incarceration.
You had untreated mental health issues: Numerous psychological disorders can cause distorted or impaired thinking and lead to poor choices. If a mental health disorder may have contributed to your actions, the court may decide that treatment is more important than punishment.
You were under some kind of duress: Desperate people do desperate things. If, for example, you stole money from your employer to pay bills while your spouse was ill, the court will almost certainly consider that as a mitigating factor.
Regardless of how your criminal case plays out, you always want to keep mitigation in mind – just in case you don’t get an acquittal. A skilled and experienced criminal defense attorney can help you better understand which mitigating factors apply to your situation.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515352023-07-03T16:41:09Z2023-07-03T16:41:09ZIllegal threats
One such law is California's Penal Code section 422, which criminalizes "criminal threats." This statute makes it a crime to:
Threaten “to commit a crime that would result in death or great bodily injury to another person”
With the specific intent that the statement be taken as a threat, whether or not there is any intent to carry out the threat
Which threat reasonably causes the threatened person “reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety”
The criminal threat can be made verbally, in writing or by electronic communication.
What is 'specific intent'?
The term "specific intent" deserves closer inspection. It is a concept in criminal law that means the intent to perform an action as well as intending particular consequences to result from that act. With criminal threats, it means the person who made the statement intended that the threatened person reasonably believe death or great bodily injury was being threatened. Specific intent crimes are generally harder to prove because the prosecutor must also prove the defendant's mindset. Just proving that the threatening statement was made is not enough.
Reasonable fear?
Another issue is whether the victim's reaction was reasonable. Under Penal Code section 422, the threatened person’s fear is reasonable when "on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution, and thereby causes that person reasonably to be in sustained fear" of severe injury or death. This obviously depends on the circumstances of each particular case. What was the relationship between the parties? What did the communication specifically state? Was the accused person capable of carrying out the threat? In what context did the accused person make the communication?
Making a criminal threat is punishable by up to a year in jail or up to three years in prison. Prosecutors have considerable resources and powers dedicated to convicting or pressuring a defendant to plead guilty. An experienced and aggressive defense attorney can help level the playing field, protect your rights and fight for a fair and just outcome.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515332023-06-29T13:33:46Z2023-06-29T13:33:46Zthe charge of tax evasion, for instance, which can carry severe penalties if convicted.
If you have concerns about your standing with the IRS, it is crucial that you know what you are up against. Here are a few important differences to consider when it comes to tex evasion and tax avoidance.
Tax evasion
Tax evasion involves willfully providing false information to the IRS regarding how much money you owe. For instance, individuals may try to write off personal expenses as business expenses to lessen their tax burden. Or they might fail to report income made internationally when paying taxes in the U.S.
As a felony criminal charge, tax evasion can result in harsh penalties. This includes a maximum fine of $250,000 or $500,000 for corporations. A person can also receive a prison term of up to five years. In many cases, individuals convicted of this crime will receive both punishments.
Tax avoidance
While tax avoidance can reduce your overall financial burden, it does so legally. Individuals can claim deductions to reduce their income, which then also lowers the amount of taxes they owe the IRS. They can also take advantage of tax credits, which lower how much they owe in taxes (as opposed to reducing taxable income).
As long as the methods used to reduce taxes or taxable income are not illegal, a person can engage in tax avoidance without risking criminal charges. However, it is important to follow applicable laws and codes to remain in the good graces of the IRS.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515272023-06-20T16:40:00Z2023-06-20T16:40:00ZChallenges in recognizing faces
Also referred to as prosopagnosia, face blindness is a neurological condition characterized by the inability to recognize familiar faces, including those of friends, family members or even oneself. Individuals with face blindness struggle to distinguish and remember facial features, relying on alternative cues such as clothing, hairstyle or voice to identify people. In a criminal case, this condition can lead to inaccuracies or errors in witness testimony, as witnesses may misidentify suspects or confuse them with others due to the witnesses’ inability to rely on facial recognition.
Mistaken identifications
Face blindness can contribute to mistaken identifications, a significant concern in criminal cases. Witnesses with face blindness may inadvertently misidentify individuals based on contextual cues or other factors rather than accurately recognizing their faces. This can lead to wrongful accusations and potentially wrongful convictions if the misidentification goes unchallenged. Reliance on witness testimony in identifying suspects makes it essential to consider possible face blindness and its potential impact on the accuracy of identification.
Inconsistent testimony
Another issue arising from face blindness in witness testimony is the potential for inconsistencies. Witnesses with face blindness may provide conflicting descriptions or accounts of individuals involved in a crime due to their limited ability to rely on facial recognition. These inconsistencies can create doubt in the minds of jurors or investigators, complicating the pursuit of truth and the determination of the actual events leading to the criminal charges.
Mitigating strategies
Recognizing the influence of face blindness on witness testimony is crucial in ensuring a fair and accurate criminal justice system. To mitigate the impact of face blindness, it is essential to educate legal professionals, including judges, attorneys and law enforcement, about the condition. This knowledge can help them better understand the potential challenges posed by witnesses with face blindness and enable them to explore alternative methods of identification or corroborating evidence to strengthen or challenge witness testimony.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=515232024-03-11T23:01:56Z2023-05-26T14:01:23ZWhat charges can parents face?
The criminal charge of "contributing to the delinquency of a minor" would be filed against a parent who was grossly neglectful in the care of the child who committed a criminal act. This neglectfulness includes failing to exercise reasonable care, control, supervision or protection of a child. If convicted, the parent faces possible jail time and fines..
What are the possible defenses?
Parents are not always responsible for their children's actions. Some situations where that is the case include:
When the parent has an emancipated or institutionalized child
If the parent did not have custody of the child when the criminal conduct occurred
If the child did not intentionally or willfully commit the act
Parents are of course not liable for criminal acts committed by adult children.
How is parental civil liability different?
Parental civil liability refers to a parent's financial responsibility to compensate someone if the child willfully or maliciously damages that person's property. In California, the financial liability of parents is limited to $25,000 per incident.
When does parental liability begin?
Parental liability usually starts when a child is 8-10 years old. It ends when the child reaches the legal adult age, which is 18 in California.
Parents facing criminal charges for their child's actions should retain a skilled and experienced criminal defense attorney to protect their interests and guide them through the court process.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=514352024-03-11T23:00:02Z2023-05-24T14:06:34Zresult in criminal charges.
California law and piracy
Information from UC San Diego provides a summary of the state's laws governing piracy and file sharing. Individuals or businesses that send out commercial work through the internet to more than 10 people must supply the sender's email and the title of the work. Failure to do so is a violation of the law and could have significant legal implications.
Violators could face fines of up to $2,500 and/or imprisonment for one year. A violation of the law does not occur, however, in the following situations:
The sender has title to the copyright
The sender provides the files to only family members
The sender has permission from the copyright owner to disseminate the material
Employee obligations
Companies must ensure that all workers understand the implications of copyright infringement by providing clear guidelines. If you are an employee, you should follow the guidelines regarding commercial work to avoid legal action. The law defines a commercial work as copyrighted material designed for sale, rent or performance by the owner, creator or legal representative.
Basic piracy laws call for respect of copyrighted material and refraining from sending such information illegally. A knowledgeable attorney can help you avoid the negative consequences of running afoul of anti-piracy laws.]]>On Behalf of Ron Cordova, Attorney-At-Lawhttps://www.roncordovalaw.com/?p=514962024-03-11T23:03:24Z2023-05-24T14:03:50ZWide-ranging criminal offenses
Criminal charges of healthcare fraud stem from intentionally deceiving the system to secure illegal benefits or payments.Criminal acts can also take the form of forgery, diversion and doctor shopping. Investigations are often conducted by the Federal Bureau of Investigation. The FBI also partners with local and other national agencies.
Specific examples of these crimes include:
Double billing that includes multiple claims for one service
Phantom billing involving a service or supplies that patients did not receive
Unbundling by submitting more than one bill for the same service
Upcoding through billing for more money than the service patients received
An arrest for healthcare fraud requires immediate legal representation. The consequences of conviction are severe and can permanently damage both freedom and reputation. A skilled attorney with experience in this complex area of criminal law can help improve the odds against prosecutors with virtually unlimited resources.]]>