Despite the fact that experts have always played a prominent role in both civil and criminal trials, many lawyers fail to challenge experts utilized by the prosecution. Challenges are rarely brought despite the fact that some so-called "experts" are unqualified for poorly trained. There are steps that must be take in any case when the government remains an expert. Successfully attacking a prosecution expert is a goal within the reach of any prepared trial lawyer.
In reaction to a series of highly-publicized corporate accounting scandals, Congress enacted the Public Company Reform and Investor Protection Act of 2002, which is also known as the Sarbanes-Oxley Act. The Act also includes a new stipulation to shield whistleblowers by prohibiting any sort of retaliation against the employees of publicly traded companies who choose to report fraudulent actions.
Simply put, insider trading rules exist to make the market fair by prohibiting people from profiting from information that has not been publicly dispersed. Despite the amount of attention that has been given to the federal prohibition of insider trading recently, California has its own statute that prohibits the activity. The state rules are clearly expressed in California Corporations Code Section 25402.
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The general purpose of antitrust laws is to stop unfair competition among businesses and to put an end to business monopolization in the marketplace. There are several federal laws that control the field of antitrust law; however, California has laws of its own that coincide with much of the federal law. A well-established San Francisco white collar criminal attorney can explain how the laws apply to your exact situation.
If you face money laundering charges in California, speak with a San Francisco white collar criminal attorney as soon as possible. Unless you are familiar with the charges, money laundering can seem like a strange term, and you may be uncertain about the meaning of the alleged crime. In a money laundering scheme, an individual deposits money from the proceeds of a criminal act into a financial institution with the intent to disguise the money as legitimate income from a shell corporation or other legitimate source. Due to the nature of the crime, it can be difficult to link the money deposited in the bank to criminal activity. This makes some money laundering cases extremely complex and challenging.
The word “blackmail” may conjure up memories of scenes from television and movies in which the villain gives the hero an ultimatum: Either you do what I say, or I will reveal to the world your worst secret. In reality, as most San Francisco white collar criminal attorneys will tell you, blackmail charges can arise in situations that are far less dramatic.
Though banking, financial, and accounting issues were once subject primarily to administrative or regulatory control, San Francisco white collar criminal attorneys have recently begun to see these cases prosecuted as criminal matters.