Domestic violence

Domestic violence

We are experienced in successfully litigating and defending against domestic violence restraining orders. The law in California has expanded to protect against a multitude of abusive behaviors between spouses, cohabitants, and co-parents in the form of criminally enforced (CLETS) stay away and no contact domestic violence restraining orders. Abuse can take many forms. Where minor children are involved, we believe it is especially important to eliminate exposure to domestic violence to prevent psychological harm which can have lasting effects.

   White collar Financial Crime

White collar Financial Crime

Non-violent crimes committed, directly or indirectly, for financial gain generally fall under the category of “white collar crime.” This is particularly true when the person or persons accused of illegal activity are professionals in business, particularly finance, or government.

Financial crimes and the government’s prosecution of them are not limited to Wall Street and corporate boardrooms. The category also includes offenses that could be the work of individuals or small groups.

The federal and state governments have enacted an enormous body of law regarding financial crimes, and it can be relatively easy for people to run afoul of these laws without even realizing it.

  white collar crime

white collar crime

No single definition of “white collar crime” exists in the law. Sociologist Edwin Sutherland is credited with coining the term, using it for the first time in a speech to the American Sociological Society in Philadelphia on December 27, 1939. He noted that police seemed to focus their attention on crime among the “lower class,” while ignoring crimes committed among “business and professional men,” people he described as “merchant princes and captains of finance and industry.” The “robber barons” of the late nineteenth century, he stated, were white collar criminals, but they were not as “suave and deceptive” as those of the Great Depression era.

Sutherland’s ideas have informed the laws regarding white collar and financial crime ever since. The Federal Bureau of Investigation (FBI) offers a simplified definition of white collar crime: “lying, cheating, and stealing.” The Wall Street crisis that began in 2008 brought prosecutions for fraud and other financial offenses, although many critics might say that far too few prosecutions have occurred. Before that, financial upheavals like the savings and loan scandal of the early 1980s and the Enron scandal of the early 2000s also saw prosecutions for various white collar offenses.

  Fraud Offense

Fraud Offense

A fraud offense consists of a scheme to obtain something of value from another person through false pretenses or misrepresentation. Unlike theft, by which a person either directly takes something of value or compels someone to give it to them, fraud involves deceptively convincing a person to give up something voluntarily. Fraud schemes might involve: Identity theft or forged documents, such as bank fraud or credit card fraud;

Direct solicitation of money from individuals, such as in a Ponzi scheme or other investment scam; or Fraud against the government, such as welfare fraud or tax fraud.

   Financial Crimes

Financial Crimes

Some financial crimes do not target a specific person or business, but they are considered criminal because they have an overall negative public impact. Insider trading, for example, is considered an unfair advantage in the market, which is damaging to investors who do not have access to inside information. Money counterfeiting may harm merchants who accept counterfeit bills, believing they are genuine. It also potentially harms the economy by destabilizing the currency.

Dispute resolution and settlement of disputes Our tax disputes practice has expertise to advise taxpayers, whether corporates and their board of directors or individuals, on strategies to deal with tax authorities, and the management of tax controversies from the outset, through litigation, mediation, arbitration or settlement. We also have top rated advisors in complex tax-related cross border disputes under Tax Treaties and Bilateral Investment Treaties involving tax authorities in multiple jurisdictions.

   Corruption

Corruption
The simplest definition is:

Corruption is the misuse of public power (by elected politician or appointed civil servant) for private gain.

In order to ensure that not ony public corruption but also private corruption between individuals and businesses could be covered by the same simple definition: Corruption is the misuse of entrusted power (by heritage, education, marriage, election, appointment or whatever else) for private gain.

This broader definition covers not only the politician and the public servant, but also the CEO and CFO of a company, the notary public, the teamleader at a workplace, the administrator or admissions-officer to a private school or hospital, the coach of a soccerteam, etcetera.

Corruption is a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Government, or 'political', corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain.

Public servants in India can be imprisoned for several years and penalised for corruption under the:
  • Indian Penal Code, 1860
  • Prosecution section of Income Tax Act, 1961
  • The Prevention of Corruption Act, 1988
  • The Benami Transactions (Prohibition) Act, 1988 to prohibit benami transactions.
  • Prevention of Money Laundering Act, 2002

Punishment for bribery in India can range from six months to seven years. India is also a signatory to the United Nations Convention against Corruption since 2005 (ratified 2011). The Convention covers a wide range of acts of corruption and also proposes certain preventive policies.

The Lokpal and Lokayuktas Act, 2013 which came into force from 16 January 2014, seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries in India.

Whistle Blowers Protection Act, 2011, which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices, has received the assent of the President of India on 9 May 2014, and (as of 2 August) is pending for notification by the Central Government.

At present there are no legal provisions to check graft in the private sector in India. Government has proposed amendments in existing acts and certain new bills for checking corruption in private sector. Big-ticket corruption is mainly witnessed in the operations of large commercial or corporate entities. In order to prevent bribery on supply side, it is proposed that key managerial personnel of companies’ and also the company shall be held liable for offering bribes to gain undue benefits.

The Prevention of Money Laundering Act, 2002 provides that the properties of corrupt public servants shall be confiscated. However, the Government is considering incorporating provisions for confiscation or forfeiture of the property of corrupt public servants into the Prevention of Corruption Act, 1988 to make it more self-contained and comprehensive.

  Criminal Defense

Criminal Defense

The criminal justice system is viewed as a three-part system consisting of the judge and jury, the prosecutor, and the defense lawyer. Each part of this system has a specific role. The role of the judge and jury is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense. In order to decide impartially, the judge and jury must be able to hear arguments from both sides. The prosecutor's role is to argue the side of the state that seeks to prove the defendant's guilt.

The defense lawyer's role is to argue on behalf of the defendant. The defendant has no burden of proof. That is, the defendant need not prove his innocence. It is enough simply to point out ways in which the state has not established guilt (e.g., an eyewitness has poor eyesight or an accuser has a motive to lie).

The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian; the defense carefully observes the use of this authority. Furthermore, different safeguards are in place to prevent abuse of the state's power.

  • The state bears the highest burden of proof, and must show that a defendant is guilty beyond a reasonable doubt of the crimes he is charged with.
  • No burden is placed on the defendant. That is, he need not present any evidence and he need not testify or give his own version of events. The state may not comment on the defendant's decision not to testify and the jury may not consider it in evaluating the case.
  • Many procedures are in place related to the investigation and the arrest of the defendant to ensure all evidence is accurate and that the correct person is charged with a crime.
  • Defendants possess civil rights to ensure they are treated fairly and given an opportunity to argue their case.

I tried to explain the procedural steps which may involved in the criminal case :
  • FIR
  • Charge Sheet
  • Argument on Charge Sheets
  • Frame of Charge
  • Facing Trial
  • Witness
  • Cross Examination
  • Defence
  • Arguments
  • Order

   consulting

consulting

We offer law consulting services to clients in mediation or those who are attempting to achieve a resolution outside of court by negotiating directly with each other in an amicable dissolution, custody paternity, or post-judgment matter. We also consult with clients in the pre-separation stages where it may be too early to file a proceeding, but the appropriate time to define marital and/or custodial rights.

Additionally, we offer limited-scope representation in appropriate cases where clients are in need of legal counsel for a certain one-time matter such as a court hearing, deposition or mediation.