Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your white collar charges case. White Collar Charges in California is governed by California Penal Code §§484–530 (theft-based offenses) and Title 18 U.S.C. §§1341, 1343 (federal fraud). All Berkeley cases route to the Alameda County courthouses in Downtown Oakland — the Wiley W. Manuel Courthouse for misdemeanors and the René C. Davidson Courthouse for felonies. Seth Morris spent years in both courthouses as a Deputy Public Defender.

What is white collar charges under California law?

Berkeley White Collar Lawyer — Morris Law

White-collar crimes are non-violent financially-motivated offenses. In California, they include embezzlement (Penal Code §503), identity theft (Penal Code §530.5), forgery (Penal Code §470), insurance fraud (Penal Code §550), and money laundering (Penal Code §186.10). Federally, they include mail fraud (18 U.S.C. §1341), wire fraud (18 U.S.C. §1343), money laundering (18 U.S.C. §1956), and securities fraud. These cases typically involve long investigations by agencies like the FBI, IRS Criminal Investigation Division, SEC, or the California Department of Justice, voluminous discovery, and parallel civil or administrative proceedings.

Penalties for white collar charges in California

Penalties for white collar charges vary sharply by the specific statute, degree, and prior record. Below are the primary penalty ranges we see in Berkeley and Alameda County cases:

  • Embezzlement (PC §503): Charged as petty or grand theft depending on value. Up to 3 years in state prison if the value exceeds $950.
  • Identity theft (PC §530.5): Wobbler — misdemeanor up to 1 year, or felony 16 months to 3 years in state prison.
  • Forgery (PC §470): Wobbler — up to 3 years in state prison. Multiple instruments can be aggregated for a felony charge.
  • Insurance fraud (PC §550): Felony 2, 3, or 5 years in state prison. Workers’ comp fraud (Insurance Code §1871.4) is felony 2, 3, or 5 years plus a $150,000 fine.
  • Money laundering (PC §186.10): Felony 16 months, 2, or 3 years. Enhancements for larger amounts.
  • California white-collar enhancement (PC §186.11): Adds 1 to 5 years when a felony involves $100,000 or more in fraud. Scales by amount up to $3M+.
  • Federal wire and mail fraud (18 U.S.C. §§1341, 1343): Up to 20 years per count. 30 years if a financial institution is affected.
  • Tax evasion (Revenue & Tax Code §19705; 26 U.S.C. §7201): Felony up to 3 years state, up to 5 years federal.

Collateral consequences often exceed the sentence itself — professional licensing, immigration status, firearm rights, and future employment can all be affected. We assess collateral exposure at the start of every case.

How Morris Law defends white collar charges cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in white collar charges cases:

  • Lack of intent to defraud. Almost every white-collar charge requires specific intent — knowingly false statement, intent to deceive, or intent to permanently deprive. Mistakes, negligence, and good-faith errors are not crimes.
  • Reliance on professionals. Good-faith reliance on advice of accountants, attorneys, or compliance officers is a defense to fraud and tax charges.
  • No materiality. Fraud requires a material misrepresentation — one that would influence a reasonable person’s decision.
  • Statute of limitations. Most California white-collar charges carry 3- to 4-year limitations under PC §801 / §801.5. Federal mail/wire fraud is 5 years (10 years if a financial institution is involved).
  • Pre-indictment intervention. White-collar cases often involve target letters, subpoenas, and SEC/FTC inquiries before charges are filed. Early counsel can secure declinations or reduced exposure.
  • Forensic accounting. Loss calculations, attribution to multiple actors, and netting issues are all litigable. We retain forensic accountants to challenge government numbers.
  • Restitution and global resolution. Voluntary restitution and global civil/criminal resolutions can reduce or eliminate prison exposure.

What to do if you are arrested for white collar charges in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel out loud. Under Miranda v. Arizona, you must clearly say you want a lawyer. Then stop talking. Anything you say — even something you think is exculpatory — can be used against you at trial.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent to search. Refuse politely — refusal is not an admission.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day. If you are in custody, have family call on your behalf.
  4. Preserve evidence. Photograph any injuries, torn clothing, or property damage. Note the arresting officers’ names, badge numbers, times, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible. Prosecutors and probation officers routinely review both.
  6. Write down your account for your attorney. Record what happened while events are fresh. Share only with counsel — that communication is privileged.

Why Berkeley residents choose Morris Law for white collar charges defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. Here is what we bring to every white collar charges case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly — the same courthouses where every Berkeley case is heard. He knows the assigned judges, deputy district attorneys, and informal practices.
  • More than 25 jury trials, including life-in-prison exposure cases. When a case has to be tried, we know how to try it — from jury selection through closing argument.
  • Federal recognition on police body cameras and 4th Amendment litigation. Seth Morris helped develop the national Body Camera Toolkit through President Obama’s Task Force on 21st Century Policing. He has guest-lectured on the 4th Amendment at UC Berkeley for three years running.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC’s The Last Word with Lawrence O’Donnell, NBC Bay Area, KQED, and KALW.
  • Berkeley office. Our office at 2025 Rose St #200 serves Berkeley, Albany, El Cerrito, Kensington, and Emeryville. Fast in-person meetings and rapid response to arrests.
  • 24/7 phone access. Arrests do not follow business hours. Someone answers at (510) 350-3225 around the clock.
  • Clear, plain-language updates. You will know what is happening at each stage without jargon.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How white collar charges cases move through Alameda County

Understanding the process helps clients make better decisions. Here is how a typical case moves through the Alameda County system:

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived
Sentencing Same courthouse as trial Set by the court

White Collar Charges defense in Berkeley — Frequently Asked Questions

What counts as a white-collar crime in California?

There is no single statute. The term covers financially-motivated, non-violent offenses including embezzlement (PC §503), identity theft (PC §530.5), forgery (PC §470), insurance and workers’-comp fraud, mortgage fraud, securities fraud, money laundering (PC §186.10), tax evasion, and federal mail/wire fraud (18 U.S.C. §§1341, 1343).

Should I respond to a federal grand-jury subpoena or target letter?

Never without counsel. A target letter means you are the focus of an investigation and may be indicted. A subject letter means your conduct is within the grand jury’s scope. Each requires careful response — and an attorney can often secure a queen-for-a-day proffer, declination, or pre-indictment resolution.

What is California’s white-collar enhancement (PC §186.11)?

PC §186.11 adds 1 to 5 years onto any felony where the defendant takes more than $100,000 through a pattern of related fraudulent conduct. The enhancement scales by amount: $100K–$500K adds 1 year; $500K–$1M adds 2 years; $1M–$3M adds 3 years; $3M+ adds 4 years.

How long do prosecutors have to file white-collar charges?

California felonies generally carry a 3-year statute of limitations, but most white-collar offenses fall under PC §801.5 (4 years from discovery) for fraud, forgery, and breaches of fiduciary duty. Federal mail/wire fraud is 5 years (10 years for offenses affecting financial institutions).

Can I avoid prison in a Berkeley white-collar case?

Often, yes — particularly for first-time offenders, smaller dollar amounts, and cases where full restitution is paid. State prosecutors and federal judges both consider mitigation. We build mitigation packages aggressively from day one.

Where do Berkeley white-collar cases go to court?

State cases are heard at the Alameda County courthouses in Downtown Oakland — Wiley W. Manuel for misdemeanors, René C. Davidson for felonies. Federal cases go to the Northern District of California — Oakland (1301 Clay Street) or San Francisco (450 Golden Gate Avenue).

Will a white-collar case affect my professional license?

Yes, potentially. The California State Bar, California Board of Accountancy, Department of Real Estate, and other licensing bodies require self-reporting of arrests and convictions. We coordinate criminal defense with license-defense strategy from day one for licensed professionals.

Can Morris Law handle federal white-collar cases?

Yes. Federal cases involving fraud, embezzlement, tax evasion, and money laundering are prosecuted in the Northern District of California. We appear in both the Oakland and San Francisco federal courthouses. Seth Morris has represented clients in complex federal white-collar matters.

How does restitution work in white-collar cases?

Restitution is mandatory in most white-collar cases. Voluntary pre-conviction restitution often reduces sentencing exposure and demonstrates acceptance of responsibility. In federal court, U.S.S.G. §3E1.1 acceptance of responsibility saves 2 to 3 offense levels if properly documented.

What is the safety-valve for federal fraud sentencing?

Federal fraud does not have the same safety valve as drug cases. However, U.S.S.G. §3553(a) variance factors — including no criminal history, first-time offender status, restitution, family responsibilities, and community ties — are the primary tools for sentences below the Guideline range.

Get a free white collar charges case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or fill out our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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