Orange County Criminal Lawyer Blog

Seal Beach, Orange County - A Long Beach man has pleaded guilty to grand theft after he defrauding elderly investors of their money.

John Wesley Martynec, 36, Long Beach told elderly investors in Seal Beach he had ten years of experience in buying and flipping foreclosed homes and reselling them for a profit. Martynec received money from investors claiming it would go towards buying distressed homes, but he never purchase any property, according to the Orange County District Attorney's Office.

Martynec was also convicted of elder abuse.

Martynec faces up to three years in prison and could have his real estate license suspended.

Defrauding investors has become a major priority for Southern California district attorney's officials, and in recent years the DA's office has expanded their specialized fraud investigation unit, explains Santa Ana fraud attorney Michael L. Guisti.

It's important to understand that most fraud crimes, including embezzlement, are covered under California's theft crime laws, says Guisti.

In recent years they've been a lot of high-profile investor fraud schemes, and a lot of them have been tried in federal court, and, Guisti explains, typically for something to be tried in federal court the crime has to involve going over state or international lines.

Had the suspect in this case put the money taken from investors in a bank account in another state or country he could have been charged with federal wire fraud, according to Guisti.

The DA's investigation showed that the money taken from investors was used only in California, says Guisti.

As for the crime of elder abuse, Guisti explains this crime includes physical, emotional and financial abuse, which is why the suspect was charged with this crime.

If you've been arrested or are under investigation for investment fraud you must call our Orange County fraud crimes defense attorney specialists at the Law Offices of Michael L. Guisti right away.

For over a decade the legal defense team at the Law Offices of Michael L. Guisti have won several cases of alleged fraud in the Southern California courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Please, call us now.

Santa Ana, Orange County - Former campaign treasurer Kinde Durkee pleaded guilty to five counts of mail fraud on Friday for embezzling more than $7 million from prominent California Democrats.

Among the elected officials who were victims of Durkee's embezzlement were U.S. Sen. Dianne Feinstein, who reported losses of $4.5 million from her campaign budget; U.S. Rep. Loretta Sanchez, who reported losses of $322,000; State Sen. Lou Correa reported nearly $800,000 lost; and State Assemblyman Jose Solorio, who reported nearly $700,000 lost.

U.S. Attorney Benjamin Wagner told reporters, "This is believed to be the largest embezzlement scheme ever by a campaign treasurer."

Prosecutors believe Durkee should be sentenced to 11 to 14 years of prison under federal sentencing guidelines, and Wagner said his officer will seek the lower end of the sentence.

Durkee was once considered to be a prominent, ideal campaign treasurer.

While this is a significant amount of money stolen from major political players it's important to note that the crime Durkee was charged with was federal mail fraud, says Santa Ana federal crimes attorney Michael L. Guisti.

In California, and on the federal level, embezzlement is not a crime in and of itself, but rather covered under other theft crimes, says Guisti.

Here in California, Guisti explains, embezzlement is covered under grand theft, and even crimes like forgery and fraud, depending on the circumstances.

Now what elevated Durkee's crime to a federal crime is her use of the U.S. Postal Service to commit embezzlement, and any use of the Postal Service for any fraudulent scheme or artifice to intentionally deprive another of money is a federal crime, explains Guisti.

The general rule of thumb for something to be considered a federal crime is the illegal activity has to cross state or international lines, but however, Guisti stresses, using the Postal Service for illegal means even within the same state still qualifies as a federal crime.

Should you find yourself under investigation for a federal crime like mail fraud, wire fraud, tax evasion, or even federal drug crimes, it's very important to understand, Guisti stresses, that federal trials are vastly different from criminal trials at the county level.

For one, there is no jury, only a federal judge who decides your fate, and second, if convicted federal crimes have very severe federal prison sentences and there is no parole, explains Guisti.

If you're been arrested for a federal crime it's very important to contact our Orange County federal crimes attorney experts right away at the Law Offices of Michael L. Guisti.

For over a decade we've won very difficult cases in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

On a federal criminal charge you cannot waste time, and so please, call us now.

Santa Ana, Orange County - A Newport Beach man who pleaded guilty to wire fraud charges after bilking investors out of $2.5 million in an investment scheme is expected to be sentenced by a federal judge this week at the federal courthouse in Santa Ana.

Using different business names to lure potential investors federal prosecutors say Marc Duda used the money given to him by investors and spent it on himself living a lavish lifestyle that included buying airplanes and yachts, rather than investing it as promised.

Federal prosecutors are trying to sentence Duda to 63 months in federal prison while his federal crimes defense attorney is seeking 51 months.

Wire fraud is when you devise a scheme to deprive property, be it physical items or money, using electronic communication explains Irvine federal crimes attorney Michael L. Guisti.

Electronic communications lines can be telephone lines, email, television and even text messaging, says Guisti.

Wire fraud is a very common charge for investment fraud, along with telemarketing fraud, explains Guisti.

What makes wire fraud a federal crime is telecommunication lines are considered interstate wire facilities and, Guisti goes on to explains, even if the fraud was done locally and didn't cross state lines the fact that you used interstate communication facilities is enough to warrant federal criminal charges.

It's very important to understand that all federal prosecutors need to show the federal judge is the existence of the scheme and you knowingly executed the scheme, explains Guisti.

Federal crime cases are very different from criminal cases tried at the county courts in Orange County, Los Angeles, San Bernardino, Riverside or San Diego, and they're a lot of different elements that make up what your sentence will be, among other issues, explains Guisti.

Most importantly, as is the case with most federal crimes the government prosecutors, if you're being accused of a federal crime like wire fraud that means the federal government spent a lot of time, money and resources investigating you, which is why it's so important to retain a federal crimes attorney, says Guisti.

Understand that if sentenced to federal prison there isn't anything like parole, which is also why it's very important to have a federal crimes defense lawyer who can work to reduce your sentence, explains Guisti.

If you're being accused of a federal crime it's very important to contact the professional Orange County federal crimes attorney experts right away at the Law Offices of Michael L. Guisti.

We will work to get you through this and protect your reputation in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

Time is important in federal cases, so please, call us now.