People v. Williams

In this case we must determine the propriety of several jury instructions including those relevant to the issue of criminal liability for acts of an agent. In addition we must address the question of whether the aggravated white collar crime enhancement can be construed for ex post facto purposes as similar to a continuing offense in which it is appropriate to address conduct before and after the enactment of a statute increasing criminal penalties.

In the published portions of this opinion, we find no error in the jury instructions regarding agency principles. We also find application of the *738 increased punishment prescribed by the aggravated white collar crime enhancement in this case did not violate the ex post facto prohibitions of either the state or federal constitutions.

A jury convicted Donald Allyson Williams of 10 counts of grand theft (Pen. Code, § 487, subd. (a); 1 counts 1, 3, 5, 7, 9, 11, 13, 15, 17 & 19), and 10 counts of making false statements in connection with the sale of a security (Corp. Code, §§ 25401, 25540; counts 2, 4, 6, 8, 10, 12, 14, 16, 18 & 20). As to counts 1 and 2, the jury found true the special allegation of a loss exceeding $150,000…