Description

Securities Fraud is to willfully employ, directly or indirectly, any device, scheme or artifice to defraud in connection with the offer, purchase, or sale of any security. Securities Fraud is not only a California crime, it is a federal crime. Most federal securities fraud cases are first investigated by, and will involve, the federal Department of Justice.

What does the prosecutor have to prove?

 

Punishment

 

Can this be charged as a felony or a misdemeanor (“wobbler”)? Yes
Is this charge a strike? Yes
Is this charge a “serious felony” Yes
Is this charge a “violent felony” Yes
Do I have to register as a sex offender if convicted? Yes
Do I have to register as a drug offender if convicted? Yes
Do I lose my right to own or possess a firearm if convicted? Yes
Do I lose my right to vote if convicted? Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted? Yes
Am I eligible for PC § 1000 drug diversion if convicted? Yes
Am I eligible for Prop. 36 drug diversion if convicted? Yes
Am I required to give a DNA sample if convicted? Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes? Yes
Is this charge considered a “aggravated felony” for immigration purposes? Yes
Is this charge considered a “controlled substance violation” for immigration purposes? Yes
Is this charge considered a “domestic violence” for immigration purposes? Yes
Is this charge considered a “firearm conviction” for immigration purposes? Yes