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What constitutes Criminal Fraud in california. What are the components that take it from Civil to Criminal

California |

i have had a fraud committed to me, and was conned out of my life savings. I went to the police department to file charges. I have tons of evidence agains the perpetrator, and have already won not only a dismissal against the perp in an adversarial bankruptcy court but also a judgement against him for over 100K. I was told by the police dept that the fraud is a civil matter and not a criminal matter. So, What is it that makes the fraud criminal. This man has dont this to other, but threatens them so they do not press charges. This man needs to go to jail

Attorney Answers 3


  1. Fraud is prosecuted but not in a generic sense. If you look at the titles of laws grouped under Penal Code §§ 528-539 you will see many specific situations in which fraud becomes criminal. If there is white collar crime involved there is a special enhancement for that at PC§ 186.11. In the criminal context fraud is essentially a form of theft.

    As a former civil litigator I can tell you that in most cases where we brought a civil suit for fraud, criminal charges could also have been brought by the DA and sometimes were. Most fraud victims want their money back plus punitive damages which are not available in a criminal action. Having dealt with some criminal white collar frauds I would also say most DAs are a little lost when they venture out into the world of financial misdeeds. Get a good civil litigator to help you.


  2. You should see a lawyer in your locale to fully discuss your situation.

    Good luck to you.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  3. If you still want a case evaluation on this, you can contact me at:

    Dr. Jonathan Levy, Esq.
    www.brimstoneandcompany.com
    chambers@brimstoneandcompany.com
    1-202-318-2406