Overview

Pursuant to Penal Code section 186.11, any person who is convicted of two or more fraud-related or embezzlement-related felonies, in a single prosecution, that result in a loss of more than $100,000 shall be punished with an additional consecutive imprisonment. This enhancement is known as the aggravated while collar enhancement. The crimes must involve a “pattern of related felony conduct” which means engaging in at least two felonies that have same or similar purpose, result, principals, victims, methods of commission or are otherwise related by distinguishing characteristics and are not isolated events.

The amount of the additional consecutive imprisonment will depend on the amount of loss. Losses in excess of $100,000 will result in a one-year additional term, pursuant to Penal Code sections 186.11(a)(3) and 12022.6(a)(1). Losses in excess of $200,000 will result in a two-year additional term, pursuant to Penal Code sections 186.11(a)(3) and 12022.6(a)(2). Losses in excess of $500,000 will result in an additional term of two, three or five years. This will correspond to the low term, mid term or high term of the underlying sentence. The aggravated white collar enhancement shall only be imposed once in a single criminal proceeding.

If a defendant is sentenced to prison time that involves the aggravated white collar enhancement, then the defendant is disqualified under Penal Code section 1170(h). This means that any prison time must be served in state prison as opposed to the local county jail.