Justia White Collar Crime Opinion Summaries

Articles Posted in California Courts of Appeal
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Lee, who has a degree in business administration, began a tax consulting business in 1974. Starting in the 1990s, Lee convinced clients to invest significant amounts of money with him, telling them their funds would either be part of an “investment club” or used to purchase shares in a company called China EC Net. Instead, Lee used the money for personal needs, including payment of mortgage obligations, living expenses, and his daughter’s medical costs. When San Mateo police arrested Lee in 2012, Lee said “you have no idea how big this is” and admitted “I know I was wrong.” Lee was convicted of 77 felonies, including multiple counts of grand theft, elder theft, identity theft, and money laundering, and was sentenced to 15 years in prison and ordered to pay over $1.3 million in victim restitution. The court of appeal reversed four of the money laundering convictions based on insufficient evidence; the identity theft convictions because there was no evidence Lee used his victims’ personal identifying information for an unlawful purpose without their consent; and two elder theft convictions because the Attorney General conceded there was insufficient evidence. View "People v. Lee" on Justia Law

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In this appeal, the parties asked the Court of Appeal to determine the value of a blank check for the purpose of distinguishing between misdemeanor and felony receiving stolen property after passage of the Safe Neighborhoods and Schools Act (Proposition 47). Respondent Angela Vandiver pled guilty in 2012 to a single felony count of receiving stolen property based on her possession of blank checks she knew had been stolen. She later petitioned to have the conviction redesignated a misdemeanor under the new provisions of Proposition 47 on the ground the checks were worth $950 or less. The State opposed, arguing the balance of the victim’s checking account was greater than $950. The trial court found the value of the blank checks to be de minimis and granted the petition. The State argued on appeal the court erred by: (1) reaching the merits because Vandiver did not attach evidence of value to her petition; and (2) determining the checks’ value was de minimis. The State contended the court should have dismissed the petition as unsupported or found the checks were worth the full amount in the linked checking account and denied the petition on the merits. Finding no reversible error, the Court of Appeal affirmed. View "California v. Vandiver" on Justia Law