Defense for financial fraud, embezzlement, and identity theft accusations.
White collar prosecutions involve document evidence, financial records, and often months or years of investigation before charges are filed. The cases are won by understanding the records as well as or better than the prosecution does, and by raising the proof problems prosecutors often glide past in their charging decisions.
Texas Penal Code Chapter 32 covers fraud offenses including credit card abuse, identity theft, securing execution of a document by deception, false statement to obtain credit, and forgery. Many of these offenses are graded based on the value involved, similar to theft.
Separate statutes address insurance fraud, money laundering, tax fraud, and similar specialized offenses. Federal law adds wire fraud, mail fraud, bank fraud, securities fraud, and related charges to the mix when the conduct crosses state lines or involves federal programs.
Identity theft under Texas Penal Code Section 32.51 is fraudulent use or possession of identifying information. Penalty ranges from state jail felony to first-degree felony depending on the number of items of identifying information involved.
Defense in identity theft cases often turns on knowledge and intent. Possession of someone else's information is not by itself sufficient. The state must show the defendant intended to use it fraudulently. That intent is often inferred from circumstances and can be challenged.
Texas does not have a standalone embezzlement statute. Conduct that would be called embezzlement in other jurisdictions is typically charged as theft, theft by a public servant, misapplication of fiduciary property, or breach of computer security depending on the facts.
These cases often involve complex financial records over extended periods. Defense work includes forensic accounting, document review, and examination of the company's own internal controls and accounting practices. Many alleged embezzlements turn out on close examination to be civil disputes over disputed authority or accounting decisions.
Investment fraud, mortgage fraud, insurance fraud, and benefits fraud each have their own statutory frameworks. Texas prosecutes some of these directly. Others are handled federally because of the interstate nature of the conduct or the involvement of federally regulated entities.
The federal sentencing guidelines drive outcomes in federal fraud cases. Loss calculations, role enhancements, and acceptance of responsibility determine guideline ranges that can vary by years based on small factual differences. Getting the loss number right is often the most important defense work in these cases.
Many white collar prosecutions are preceded by lengthy investigations involving grand jury subpoenas, document requests, witness interviews, and sometimes search warrants. The decisions made at the investigative stage often determine the trajectory of any eventual case.
If you are aware that you are under investigation for fraud or financial crimes, getting counsel involved before charges are filed gives you the best chance of avoiding charges entirely, narrowing what is filed, or building the foundation for the eventual defense.
Talk to an attorney who handles these cases regularly. Consultation requests are reviewed personally and treated with full confidentiality.
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