The Kaufman Law GroupWhite Collar Criminal Defense Lawyer Los Angeles | Complex Civil Litigation2026-07-16T12:14:52Zhttps://www.theklg.com/feed/atom/WordPress/wp-content/uploads/sites/1403978/2021/09/cropped-site-identity-1-32x32.jpgOn Behalf of The Kaufman Law Group<![CDATA[Can post-transaction emails support wire fraud charges?]]>https://www.theklg.com/?p=491342026-07-16T12:14:52Z2026-07-16T12:14:52ZWhat makes an email a lulling communication?
A scheme is a plan to obtain money or property through deception, and it can involve one transaction or several. A message sent after a transaction may count as a “lulling” communication if the government proves that you sent it to reassure the recipient, delay a complaint or avoid detection while the alleged scheme continued. Examples include:
A receipt containing a false transaction number
An email offering misleading reasons for missing investment returns
A status update promising that delayed funds or refunds will arrive soon
These messages do not automatically prove wire fraud. Prosecutors must show that you intended to mislead someone and deprive them of money or property. They must also prove that an interstate or foreign electronic communication helped carry out the alleged plan. An email between two people in California may cross state lines through its server route, but prosecutors must prove that it did.
Why do timing and purpose of the email matter?
The 9th U.S. Circuit Court of Appeals, which covers California, recognizes that a message intended to delay detection may support a wire fraud charge only if evidence shows it helped continue an alleged scheme before the plan ended. A message sent only to hide what happened after the alleged scheme was complete may fall outside the wire fraud statute. Investigators may review the timeline, the message’s wording and what you knew when you sent it.
How can you preserve the full context?
If authorities question your emails, preserve complete threads, attachments, timestamps and related transaction records. Do not delete or alter messages. A chronology showing when funds moved and why you sent each communication may help explain the circumstances.
How the full email thread can clarify what you meant
A single message may appear misleading when viewed by itself. The surrounding emails can show what information you had, whose instructions you followed and whether circumstances changed after you sent it. Keeping the complete exchange intact can provide a more accurate account of your role, decisions and intent.]]>On Behalf of The Kaufman Law Group<![CDATA[SCOTUS rules on critical disgorgement question]]>https://www.theklg.com/?p=491312026-07-12T13:48:36Z2026-07-12T13:48:36Zdiscussed disgorgement here in the past. It is a financial remedy often used by the used by Securities and Exchange Commission. Individuals or companies are ordered repay illegal profits to those the SEC has determined were defrauded through criminal actions like insider trading and embezzlement.
Although disgorgement has long been recognized as an authority the SEC has, a case this year before the U.S. Supreme Court (SCOTUS) involved the question of what the SEC must show in order to seek disgorgement through the courts.
The case before the court
The case involved a man who was ordered by a California court to repay over $3 million along with interest to those he defrauded through various means, including a “pump-and-dump” scheme that involved penny stocks. While he admitted to violating the law, he claimed the SEC hadn’t proven that his actions had caused financial harm to anyone.
So does the SEC have to prove this financial harm before it can order disgorgement in addition to fines and other penalties? Attorneys for the government argued that it wasn’t necessary. In a rare unanimous decision, SCOTUS agreed that the SEC does not have to prove “pecuniary” or financial harm to use this remedy.
The ruling
Justice Neil Gorsuch, who wrote last month’s opinion, said in part that "a showing of pecuniary loss is not required before an investor may qualify as a victim of an offender's wrongdoing entitled to compensation." He referenced a case from many decades ago when he noted that “the plaintiff whose legally protected interest had been invaded was entitled to the defendant’s gain from that wrongful conduct even without showing pecuniary loss.”
Allegations of complex financial crimes require experienced legal guidance to navigate. The stakes can be extremely high, both criminally and civilly. It’s never too early to reach out for support, perhaps especially because this area of law never remains “still” for long.]]>On Behalf of The Kaufman Law Group<![CDATA[Online activity is still tracked in private browsing mode]]>https://www.theklg.com/?p=491292026-07-01T13:02:01Z2026-07-01T13:02:01ZPrivate browsing mode goes by a few different names, including incognito mode. It just depends on what browser you are using, but the function is essentially the same: You are given a new browser session that is not going to record your online activity.
That said, one important thing to remember about using private browsing is that it just deletes the local storage. If someone else opens the browser after you use it and checks your search history, for example, they will not see the search terms that you typed in during your private browsing session. They will not be able to see a list of the websites you visited or the pages you read.But because this is a local feature, all of that information likely still exists. It could be tracked by a network administrator in a professional or academic setting. It could be tracked by a person's internet service provider (ISP). If that person logged into a website, the activity can still be linked to them, even if they were in private browsing mode.
Law enforcement can subpoena an ISP
In the context of criminal defense cases, it is important to know that law enforcement can often approach these other entities to get a record of online activity. They could serve a subpoena on an ISP, for instance, which may then turn over the necessary records.For example, perhaps the police believe that you were involved in online financial fraud. They think that you searched for how to commit that fraud or used the internet to communicate with other people who were also involved in the scheme. Your ISP may be able to provide them with evidence that can be used against you.The complexities of digital evidence make modern criminal cases much different than they were in the past, and it is very important to understand all of your legal options.
]]>On Behalf of The Kaufman Law Group<![CDATA[What is the difference between embezzlement and theft?]]>https://www.theklg.com/?p=491272026-06-29T09:39:23Z2026-06-29T09:39:23ZUnderstanding theft in California
Theft generally refers to taking someone else's property without permission and with the intent to deprive the owner of it permanently. In California, theft can occur in various ways:
Taking property directly from someone (like pickpocketing)
Shoplifting from a retail store
Stealing a vehicle or bicycle
Taking items from someone's home without authorization
These scenarios share a common thread: you did not have lawful possession of the property before taking it. The key factor is that no one ever entrusted the property to you in the first place.
What makes embezzlement different
Embezzlement involves a breach of trust. This is what sets it apart from standard theft. This offense occurs when you lawfully possess someone else's property but then wrongfully take it for your own use. Consider these examples:
An employee with access to company funds transfers money to a personal account
A bookkeeper manipulates financial records to pocket cash
A trustee uses estate funds for personal expenses
A property manager diverts tenant rent payments for personal use
The critical distinction is that you initially had legal access to the property through your position or relationship with the owner. You violated that trust by converting the property for personal gain.
Why the distinction matters
Understanding whether you face embezzlement or theft charges is important because the circumstances of each offense differ substantially. Embezzlement typically involves a professional or fiduciary relationship, which might influence how prosecutors approach the case and what defenses might be available to you.
Both offenses are serious and could result in significant consequences depending on the value of the property involved. If you are facing either charge, knowing your legal options could help you decide your next steps.]]>On Behalf of The Kaufman Law Group<![CDATA[How do financial crime charges impact professional licensing?]]>https://www.theklg.com/?p=491252026-06-23T16:09:19Z2026-06-23T16:09:19ZMany people think about court-imposed sentences when they think about the effects of a criminal conviction. For those who hold professional licenses, the conviction will often come with changes to their license.
Financial crimes are one type of crime that can lead to changes in a professional license. These crimes often have to do with things like fraud, embezzlement, theft and money laundering. In each of those cases, a licensing board may believe that the person isn’t ethical enough to continue to hold their license.
Different licenses, different effects
Each licensing board sets standards for keeping a license valid. They aren’t limited to only looking at criminal convictions. Instead, they can also look into charges and any other disciplinary concerns. The effect that a specific case has on the license depends on a variety of factors, including the profession, state, type of charge, outcome of the case and how closely the charge relates to the licensed work. There are many different ways that a licensing board can handle the presence of criminal charges. They may put the person on probation, undergo continuing education, have specific monitoring requirements or place limits on their professional abilities. They may also choose to suspend or revoke the license. Dealing with a criminal case that could potentially harm a professional license is a serious matter that requires immediate attention. The long-term impact of these cases is significant, so it may be beneficial to work with someone who understands how to handle these matters. They can outline defense strategy options and discuss a plan for addressing the situation.
]]>On Behalf of The Kaufman Law Group<![CDATA[Misrepresenting an event could lead to fraud allegations]]>https://www.theklg.com/?p=491232026-06-09T15:05:01Z2026-06-09T15:05:01ZEvent fraud is a type of fraud that targets those who are interested in large-scale events, such as concerts, festivals, conferences and other things of this nature.
In some cases, fraud allegations revolve around the fact that the event itself never existed. Someone could be accused of selling fake tickets and perpetrating a scam. They knew all along that there was never going to be an event, but they simply marketed it to an interested target audience as if it were a legitimate event and sold tickets that could never be used.But in other cases, the issue is that the event itself was misrepresented. It does exist, but it is not what people thought they were signing up for when they purchased their tickets.
What does misrepresentation look like?
A good example of misrepresenting an event is the infamous Fyre Festival. The producers of this event were actually sued by those who tried to attend what was promoted as a prestigious music festival on an island.But what was promised and what individuals received did not always line up. They were told they would have access to local seafood, sushi and a pig roast, but they actually got cold cheese sandwiches. They were told that there would be A-list musical acts, including Blink-182, but those bands did not play the festival. Concertgoers were also told they would have luxury accommodations, but were instead given emergency tents.In other words, even though the Fyre Festival did happen, fraud allegations stemmed from the fact that it bore almost no resemblance to the event that was promised.
What are your defense options?
If you have been accused of event fraud, you may believe it is a misunderstanding or simply a marketing issue. You never intentionally tried to commit fraud. In a case like that, it is imperative that you understand exactly what defense options you have, and it can help to work with an experienced attorney.
]]>On Behalf of The Kaufman Law Group<![CDATA[Could health inspection woes lead to bribery allegations?]]>https://www.theklg.com/?p=491212026-05-25T17:41:25Z2026-05-25T17:41:25ZBribing health inspectors is a crime
Health inspectors have a duty to the state and the public to provide accurate information about the compliance of individual establishments with critical health and safety standards. What they find during an inspection becomes part of a formal report highlighting restaurant conditions that don’t comply with the health code.
People may sometimes offer cash, credit to eat at the establishment or other valuable benefits to health inspectors who agree to ignore issues or delay the reporting of certain concerns. Health inspectors receive training about bribes and should not accept offers from restaurant owners.
People still try to bribe health inspectors, as evidenced by a recent case in Fresno, where the presence of cockroaches led to a failed inspection and a bribery attempt. The restaurant had to close, and the owner was warned about the bribery attempt.
Such interactions can easily lead to criminal charges. If information about bribes of state employees comes to light, restaurant owners who make offers out of desperation could find themselves facing criminal prosecution.
Anyone accused of bribery may need help responding to those allegations. Discussing what led to bribery charges with an experienced white-collar defense lawyer can help those accused of trying to undermine the validity of restaurant health inspections.]]>On Behalf of The Kaufman Law Group<![CDATA[Can your employer make you the fall guy?]]>https://www.theklg.com/?p=491192026-05-12T16:03:00Z2026-05-12T16:03:00ZA company problem can become personal fast. One day, you are answering basic questions about billing, vendor payments or approvals. Next, executives, investigators or outside lawyers are asking what you knew about possible fraud.
When a business faces a criminal investigation, the company’s interests and the employee’s interests may conflict. That is when professionals can face serious legal risk.
Why companies may point to one person
White collar investigations often focus on records, emails, contracts, payments and internal messages. Those records may show what happened. They may not show the full story behind a decision.A company under pressure may try to blame a single employee’s conduct as the problem rather than a broader business practice. That can happen when:
A supervisor told an employee to handle a questionable transaction
A department followed an old internal process
An employee signed papers without knowing the full background
The company wants to cooperate with investigators
Leaders want to limit the company’s exposure
These facts do not automatically clear anyone. They do show why an employee should not assume the company will protect them.
The company lawyer may not protect you
When a company hires counsel, that lawyer usually represents the company, not every employee. That distinction is critical during interviews, document reviews and internal investigations.Federal prosecutors also focus on individual accountability in corporate cases. The U.S. Department of Justice’s business organization policy states that one effective way to combat corporate misconduct is to hold accountable the individuals who engage in wrongdoing. For a manager, executive, pharmacist, promoter or finance employee, this can create a difficult position. Sharing information without legal guidance may affect your own exposure, especially if the company later uses your statements to distance itself from the conduct.If the matter involves fraud, bribery, embezzlement or other white collar accusations, separate legal advice may help clarify whether you need your own counsel and whether your interests differ from the company’s.
What to watch for during an internal investigation
Certain warning signs should make an employee slow down before answering more questions. These may include requests to sign a statement, emails that shift blame, limited access to records or pressure to meet alone with company counsel.A sudden change in how leaders describe your role can also matter. If the company starts treating you as the person responsible for a decision, the situation may already be moving in a risky direction.Be careful with texts, emails and files, too. Deleting records, changing old messages or guessing about facts can create new legal problems. Good records can help, but careless explanations can hurt.
Protecting yourself before the story hardens
The first version of events can shape the investigation. Once a company frames one employee as the problem, changing that story may become harder.A careful response does not mean refusing to cooperate. It means knowing who represents whom, what investigators are asking and how your role fits into the bigger picture. For professionals whose careers depend on trust, early choices can affect much more than the current job.]]>On Behalf of The Kaufman Law Group<![CDATA[Embezzlement charges may concern physical property, not money]]>https://www.theklg.com/?p=491172026-05-10T00:03:54Z2026-05-10T00:03:54ZCompany assets don't belong to workers
Employees who have company devices or access to supply rooms may sometimes keep items that belong to their employers. When the company upgrades all of the computers in the office, for example, a worker might bring home their old desktop computer without getting permission first.
Those who work in factories or repair shops might take tools home. Those in the retail sector might steal merchandise in some cases. Other times, they might take merchandise meant to be transferred and destroyed for their own use.
Anytime an individual misappropriates property that belongs to their employer, they put themselves at risk of embezzlement allegations. The greater the value of the property and the more frequently they took physical assets from their employer, the higher the chances of embezzlement charges. Those accused of abusing their employers’ trust for personal gain may need help responding to the white-collar charges they face.
Allegations of embezzlement can forever limit career opportunities, as convictions show up during a criminal background check. Accordingly, working with a defense attorney familiar with complex financial crimes can be beneficial for those accused of misappropriating money or physical resources from an employer.]]>On Behalf of The Kaufman Law Group<![CDATA[Could a kickback program lead to pharmaceutical fraud charges?]]>https://www.theklg.com/?p=491152026-04-24T13:39:18Z2026-04-24T13:39:18ZKickbacks are largely illegal
A kickback scheme involves an arrangement where one party shares a portion of their profits or revenue with another in return for new referrals. Kickbacks can undermine the medical system by impacting patient trust and care standards. Those who know they received something of value, whether it is a cash kickback or some other kind of benefit, may make medical recommendations based on their own benefit rather than what is best for their patients.
Attempts to reform the medical sector have all but eliminated legal kickbacks. If investigators or regulatory agencies learn that a pharmacist offered some kind of incentive to medical providers for recommending their facility to patients, the professionals involved could be at risk of criminal prosecution. Any conduct that raises questions about adherence to professional standards or concerns about billing activities could potentially lead to white-collar charges for those working at pharmacies.
Professionals facing pharmacy fraud charges and similar criminal allegations may need help responding to avoid a conviction. Mounting an assertive criminal defense strategy can reduce the likelihood of allegations costing a professional their license or permanently damaging their reputation.]]>