Criminal Defense Law Firm

Possible Defenses for Fraud

Fraud cases are tricky to defend. But first, let me provide an overview of the types of fraud, the penalties for each type, and the possible defenses in either State or Federal Court.

Fraud is a pervasive and insidious crime that has plagued societies for centuries. It involves the intentional deception of another person or entity for personal gain, often resulting in significant financial or reputational harm to the victim. California, like many other states, takes a firm stance against fraud and has established a comprehensive legal framework to combat this illicit activity. In this article, we will delve deep into the intricacies of fraud defense in California law and touch upon federal laws that govern fraud-related offenses.

Understanding the Spectrum of Fraud

Fraud takes on many forms, each with its own set of characteristics and consequences. While the list of fraudulent activities is extensive, we will focus on some of the most common types encountered in California.

Insurance Fraud

Insurance fraud encompasses a wide range of deceitful actions aimed at obtaining undeserved benefits from insurance companies. This can include false claims, staged accidents, or even exaggerating injuries to secure insurance payouts. The ramifications for insurance fraud in California can be severe, leading to lengthy prison sentences and substantial fines.

Workers' Compensation Fraud

Workers' compensation fraud involves individuals falsely claiming workplace injuries to receive compensation benefits. This type of fraud not only harms employers but also strains the resources of insurance providers. In California, those found guilty of workers' compensation fraud may face significant penalties.

Welfare Fraud

Welfare fraud occurs when individuals dishonestly obtain public assistance benefits to which they are not entitled. This can include providing false information about income or family composition to secure government aid. California has stringent laws in place to combat welfare fraud, and violators may find themselves facing criminal charges.

Foreclosure Fraud

Foreclosure fraud is a particularly pernicious form of deception involving homeowners at risk of losing their properties. Fraudsters may promise to help distressed homeowners avoid foreclosure in exchange for fees, but often fail to deliver on these promises. California law has provisions to address foreclosure fraud, protecting vulnerable homeowners from such scams.

Check Fraud

Check fraud involves the manipulation or fraudulent use of checks to unlawfully obtain money or goods. This can include writing bad checks or altering the payee or amount on a valid check. California's criminal code contains provisions that address various forms of check fraud, imposing penalties based on the seriousness of the offense.

Credit Card Fraud

Credit card fraud is the unauthorized use of someone else's credit card information to make purchases or withdraw funds. This type of fraud is a federal offense under the United States Code, but California has additional state laws to address and prosecute credit card fraud.

Internet Fraud

Internet fraud has become increasingly prevalent in the digital age, encompassing various deceptive schemes conducted online. Phishing scams, identity theft, and online auction fraud are just a few examples. Federal laws, such as the Computer Fraud and Abuse Act (CFAA), and state laws, including California's Computer Crime Law, address internet fraud offenses.

False Impersonation

False impersonation involves assuming another person's identity with the intent to deceive or defraud. This can occur in various contexts, such as identity theft or impersonating a public official. Both federal and California state laws address false impersonation, imposing penalties for those found guilty.

Senior Fraud

Senior fraud targets elderly individuals, taking advantage of their vulnerabilities and trust. Scammers may use various tactics, such as telemarketing schemes or fraudulent investment opportunities, to defraud seniors. California has enacted specific laws to protect seniors from financial exploitation and prosecute those who prey on them.

Nursing Home Fraud

Nursing home fraud involves fraudulent practices within nursing homes or long-term care facilities. This can include billing for services not provided, neglecting residents' needs, or other deceptive actions. California's regulatory framework aims to prevent and penalize nursing home fraud to safeguard vulnerable residents.

While these are some of the most common types of fraud, it's essential to recognize that fraud can manifest in various other forms, often adapting to evolving technologies and circumstances. The ability to combat fraud effectively relies on a robust legal framework and the dedication of law enforcement agencies.

Penalties for Fraud in California

The severity of penalties for fraud in California depends on various factors, including the type of fraud committed, the amount of financial damage caused, and the defendant's criminal history. It is imperative to understand that fraud convictions can result in both criminal penalties and civil liabilities, often leading to substantial fines and potential imprisonment.

Let's explore the penalties associated with a few specific types of fraud in California to gain a better understanding of the consequences one might face.

Auto Insurance Fraud

Auto insurance fraud can result in severe penalties in California. If convicted of felony auto insurance fraud, an individual may face up to five years in state prison and a fine of $50,000 or twice the amount of the fraud, whichever is greater. For misdemeanor auto insurance fraud, the penalties can include a fine of up to $1,000 and up to one year in county jail. These penalties highlight the gravity with which California treats insurance fraud.

Healthcare Insurance Fraud

Healthcare insurance fraud penalties in California vary based on the value of the fraudulent claim. When the claim's value is less than $950, it may be charged as a misdemeanor, resulting in penalties of up to six months in county jail and a fine of $1,000. However, if the fraudulent claim exceeds $950, the offense becomes a "wobbler," which means it can be charged as either a felony or a misdemeanor, depending on the circumstances. A felony conviction can lead to up to five years in state prison and a fine of $50,000 or double the amount of the fraud.

False Impersonation

False impersonation can lead to either misdemeanor or felony charges, depending on the specific facts of the case. A conviction for false impersonation can result in fines of up to $10,000 and a prison sentence ranging from five to 16 years. The severity of these penalties underscores the importance of a robust legal defense when facing false impersonation charges.

Penalties Vary According to Amount

It is crucial to note that penalties for fraud offenses often vary based on the financial magnitude of the crime. In many cases, the amount involved directly impacts the severity of the charges and potential consequences. As a result, individuals accused of fraud should seek legal counsel to understand the specific penalties they may face in their unique circumstances.

Common Defenses for Fraud

Defending against fraud charges requires a thorough understanding of both California law and federal law, as well as a keen awareness of potential defense strategies. While each case is unique, there are several common defenses that can be employed to challenge fraud allegations.

Lack of Intent

One of the primary elements that prosecutors must prove in a fraud case is intent. To secure a conviction, the prosecution must demonstrate that the defendant intentionally engaged in fraudulent conduct. If intent cannot be established beyond a reasonable doubt, the defendant may prevail in their defense. This defense underscores the importance of legal representation to scrutinize the evidence and arguments presented by the prosecution.


Duress can serve as a defense in fraud cases when the defendant can show that they committed the fraudulent act under coercion or threat of harm by a third party. It's essential to distinguish duress from financial stress, as the latter is not considered a valid defense. To invoke duress successfully, the defendant must demonstrate that their actions were a direct response to threats against their safety or the safety of a family member, for example.

Entrapment and Constitutional Violations

In some cases, law enforcement may use entrapment tactics to induce individuals to commit fraud that they would not have otherwise committed. If the defendant can prove that they were entrapped, it may serve as a valid defense. Additionally, if law enforcement violated the defendant's constitutional rights during the investigation or arrest, this could lead to the suppression of evidence or dismissal of charges.

Seek Professional Legal Counsel

Navigating the complex landscape of fraud defense in California and federal law requires expertise and experience. Attempting to formulate a defense strategy without the guidance of a skilled attorney can be risky, given the severe penalties associated with fraud convictions.

Remember that even attorneys themselves can become embroiled in fraud cases, particularly when misrepresenting their qualifications or engaging in unethical conduct. The legal profession demands integrity and adherence to ethical standards, and attorneys who violate these principles may face serious consequences, including disciplinary action and criminal charges.

Gasner Law: Your Expert Fraud Defense Attorneys

The prospect of substantial fines and potential incarceration can be daunting, but you do not have to face these challenges alone. The most prudent course of action when facing fraud charges is to seek the counsel of experienced attorneys who specialize in fraud defense.

Gasner Law is a reputable law firm with a wealth of experience in handling fraud cases in California. Our team understands the complexities of fraud laws, both at the state and federal levels, and can provide you with the strategic guidance and representation needed to protect your rights and mount a robust defense.

We recognize the worries and fears that accompany fraud allegations, and we are committed to working closely with you to develop a customized defense strategy. Our attorneys have a proven track record of achieving favorable outcomes for our clients, and we are ready to advocate vigorously on your behalf.


Fraud is a grave offense that can result in life-altering consequences if not addressed effectively. Whether you are facing allegations of insurance fraud, healthcare insurance fraud, false impersonation, or any other form of fraud, it is imperative to seek legal counsel promptly.

California law, along with federal statutes, provides a comprehensive framework for prosecuting and penalizing fraud offenses. However, the law also recognizes that individuals accused of fraud have rights and avenues for defense. Understanding these rights and exploring potential defenses is essential in safeguarding your future.

Gasner Law stands ready to assist you in your time of need. Our experienced fraud defense attorneys are dedicated to protecting your rights, challenging the prosecution's case, and striving for the best possible outcome in your situation. Contact us today at 415-782-6000 to schedule a consultation and take the first step toward building a robust defense against fraud allegations.

Disclaimer: This article is for informational purposes only and should not be construed as legal advice. Consult with an attorney for guidance specific to your case.



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About Possible Defenses

Since 1999, Gasner Criminal Law has implemented a range of potential defenses for different criminal charges. While by no means the last word, each blog post presents some potential defenses that we might consider after consulting with the client. Every citizen charged with a felony or misdemeanor crime deserves a fair trial and should be presumed innocent unless proven guilty beyond a reasonable doubt.

Gasner Criminal Law

San Francisco criminal defense attorney Adam G. Gasner is board certified by the California State Bar as a specialist in criminal law. He earned his Juris Doctor from the University of San Francisco in 1997.

Adam Gasner

SF Defense Attorney