White collar defense in Modesto
White-collar cases unfold differently from street crimes. By the time a client realizes they are a target, investigators have usually been working on the case for months. There may be no arrest, no warrant, and no immediate court date — just a subpoena, a target letter, or a quiet phone call from an agent.
Those are the moments where representation matters most.
Pre-charge work and prosecutor experience
Matthew Begoun was a Deputy DA in Stanislaus County before opening this practice. White-collar cases at the DA level are charging-decision cases more than they are evidentiary disputes. The questions a filing deputy works through — Was there specific intent to defraud? Is the loss amount substantiated? Is this a fraud case or a contract dispute? — are the same questions a defense attorney has to answer to keep the case from getting filed in the first place.
Real pre-charge work means putting credible answers to those questions in front of the DA before a charging decision happens. That requires a defense investigation that produces something the DA's office can act on, not a press release or a courtesy letter. Knowing what the DA's filing review actually involves is the starting point.
What we handle
- PC 487 / PC 503 — Embezzlement and grand theft by employee.
- PC 470 — Forgery.
- PC 530.5 — Identity theft.
- PC 484e–j — Access card fraud.
- PC 532 — Theft by false pretenses.
- PC 550 — Insurance fraud (vehicle, health, workers' comp).
- PC 484b — Diversion of construction funds.
- PC 186.10 / PC 186.11 — Money laundering and aggravated white-collar enhancements.
- EDD and unemployment-insurance fraud under Unemployment Insurance Code 2101.
- Federal fraud charges — wire fraud (18 USC 1343), mail fraud (18 USC 1341), bank fraud (18 USC 1344), tax fraud (26 USC 7201), and healthcare fraud (18 USC 1347).
State vs. federal
Many of the same fact patterns can be charged in either system. The federal system tends to take cases involving interstate elements, financial-institution victims, healthcare and government-program funds, and matters where federal agencies (FBI, IRS-CI, USPIS, HHS-OIG) led the investigation.
The systems are not interchangeable:
- Federal cases are filed by indictment in the U.S. District Court for the Eastern District of California, usually the Fresno Division. Pre-indictment representation is often the most consequential phase of the case.
- Federal sentencing is governed by the Sentencing Guidelines, which calculate exposure based on loss amount, role, sophistication, victim count, and a long list of adjustments.
- Cooperation, proffer, safety-valve, and 5K1.1 motions are real federal-only tools that don't exist on the state side.
Pre-charge work that matters
In a state case, a prefiling conference with the DA — supported by a real investigation and a credible written submission — can sometimes prevent charges or change them. In a federal case, presenting evidence to the AUSA, the agent, and (in some cases) the U.S. Attorney's office before indictment is one of the few moments where the defense has real influence over scope and charging decisions.
This work requires real investigation up front. Not a press release; an investigation.
What I look at first
- The theory. Fraud cases are theory cases. The DA or AUSA has a story about what the client did and why. Identifying the gaps in that story — and the alternative innocent explanation — is the foundation of the defense.
- Intent. Most white-collar charges require specific intent to defraud. Negligence, mistake, sloppy bookkeeping, and good-faith disputes are not crimes.
- Loss calculation. Federal sentencing is driven by the loss amount. Disputing how loss is calculated — gain to the defendant, intended loss vs. actual loss, sophistication — can swing sentencing exposure dramatically.
- The records. White-collar cases are document cases. Bank records, accounting software exports, emails, and metadata. Reviewing the actual records — not the agent's summaries of them — is non-negotiable.
- Cooperators and informants. Many white-collar cases are built on a cooperator's testimony. The cooperator's deal, prior statements, and inconsistencies are the case.
Restitution, forfeiture, and the financial side
A white-collar conviction often comes with three financial consequences:
- Restitution to the alleged victim.
- Forfeiture of property traceable to the offense.
- Fines and special assessments.
These run alongside the criminal sentence and can survive bankruptcy in many circumstances. Strategy on the financial side starts at the same time as strategy on the criminal side, not after sentencing.
Collateral consequences
- Professional licenses — accounting, real estate, healthcare, law, and finance licenses do not survive most felony fraud convictions.
- Securities, banking, and insurance bars — federal agencies impose their own debarments.
- Immigration — many fraud offenses are aggravated felonies under INA 101(a)(43)(M) when loss exceeds $10,000.
- Reputation — federal indictments are public on PACER and reported on by local press. Pre-indictment work is the only way to manage this.
What to do now
- Don't speak to investigators or "explain" the records. Politely decline and refer them to counsel.
- Don't delete documents, emails, or messages. Spoliation can become its own charge.
- Preserve a clean copy of every relevant business record before anyone touches it.
- Don't talk to coworkers, business partners, or family about the substance of the matter.