Recent Blog Posts
Is Catfishing a Crime?
Catfishing - pretending to be someone else online while communicating with others - is not inherently a criminal act. Many people who catfish are simply too self-conscious to use their real identities online, especially when talking to people they have a romantic interest in. However, catfishing can open the door to numerous types of criminal activity. Whether catfishing can lead to criminal charges depends on what you do while posing as someone else. Using a fake identity to gain other people’s personal identifying information, to operate a scam of any kind, or to pose as a law enforcement officer opens you up to federal charges. If you are accused of identity theft or another federal crime after posing as someone else online, you need an experienced Dallas, TX white-collar crimes attorney to defend you.
Catfishing and Identity Theft
If you are using someone else’s identity to gain a profit or to steal someone else’s personal information, you may be committing identity theft. Posing as a real person can turn into various forms of identity theft. For example, say you pose as a real person named Bob Smith and contact his family members, claiming that "your" credit card is not working and you need someone to send you his personal banking information so you can make a purchase. This would be identity theft.
Rental Fraud and Identity Theft
Fake rental housing advertisements are placed for a lot of different reasons. Sometimes, the person who places the false ad is deliberately trying to obtain unsuspecting would-be renter’s personal information. People will often readily provide a potential landlord with their Social Security Number, an image of their ID, and even bank information to arrange a deposit. Fake rental listings might also be created by people who are considering becoming landlords to get a sense of who would apply and how much rent they could charge. However, it can also get you charged with identity theft if you use any of the personal information prospective tenants give you. If you are facing identity theft charges related to a false rental ad, you need a Dallas, TX white-collar crimes attorney to help you.
Understanding Rental Fraud and Related Crimes
Placing a fake ad for a rental property you do not actually own or do not intend to rent out can be considered a form of fraud. These fake ads are placed for several reasons, including:
Bail in Federal White-Collar Crime Cases
When you are a white-collar professional, jail can be especially uncomfortable. You likely have never experienced these types of conditions before, and the other inmates may take issue with you due to your status. You may be left feeling like a fish out of water. Fortunately, most people accused of white-collar crime are able to make bail and go home to await trial in relative comfort. Because you are dealing with the federal court system, the bail process is slightly different than it would be if you were accused of a state-level crime and held at your local city jail. It is important to speak with an experienced Dallas, TX federal white-collar crimes attorney as soon as you are given the opportunity after arrest.
Having the Resources to Flee Might Hurt You
Courts will consider one of the main factors before setting bond conditions, which is whether you are a flight risk. The goal of having arrestees post bond is to help ensure that criminal defendants return to court to answer to their charges rather than fleeing the area. One thing the court will look at is whether you have the resources to leave the U.S. permanently while out on bond.
What Happens if I Let Someone Else Use My Health Insurance?
A lot of people in Texas are without health insurance. Not all employers are required to offer it, and getting insured on your own can be prohibitively expensive. Some people are caught in the middle, where they cannot afford insurance but do not qualify for Medicaid. If you are fortunate enough to have health insurance, it may occur to you to let someone you care about who is uninsured use your information and identity to get healthcare. While wanting to help others access healthcare is commendable, going about it the wrong way could be prosecuted as federal healthcare or insurance fraud. A Dallas, TX white-collar crimes attorney can help you if you have been accused of healthcare fraud, identity theft, or related crimes.
Letting Someone Else Use Your Health Insurance is a Federal Crime
Your friend or family member needs medical care but has no insurance. You have good health insurance. You look enough alike that if no one scrutinizes the picture on your ID too closely, your loved one could probably get away with using it. So, you hand over your ID and health insurance card and send your loved one off to the doctor’s office.
Houston Businessman Convicted of Bribery, Money Laundering
A businessman who worked for an American energy-trading company has pleaded guilty for his involvement in a scheme to bribe government officials in Mexico. The businessman and his company paid around $600,000 in bribes to secure contracts to provide ethane to a Mexican-owned petroleum company.
To facilitate this scheme, the businessman and his co-conspirators used shell companies, fake invoices and contracts, and fake names on email accounts to earn hundreds of millions of dollars in business. The man was charged under The Foreign Corrupt Practices Act (FCPA), a federal law that prohibits bribery and other corrupt payments to foreign officials.
People charged under the FCPA face penalties that could change their lives forever. If you have been charged with, or are being investigated for, violations of the FCPA you need to get a Texas federal criminal defense attorney immediately.
What to Do If You Are Accused of Bank Fraud in Texas
If someone accuses you of bank fraud, you are likely feeling scared and unsure about what to do next. This is a serious situation, but remember you have rights, and there are steps you can take to protect yourself. A Texas lawyer will tell you what you should do so you do not jeopardize your case.
The First Step is to Protect Yourself Immediately
When facing bank fraud accusations, your initial actions are important. They can significantly impact the outcome of your case. Follow these steps carefully to protect your rights and strengthen your defense.
Stay Silent
Do not talk to anyone about your case except your lawyer. This includes friends, family, and especially law enforcement or bank officials. Anything you say can be used against you.
Preserve Evidence
Do not destroy any documents or delete any digital files, even if you think they look bad. Destroying evidence can make your situation much worse.
What Factors Influence Sentencing for White-Collar Crimes?
If you are facing sentencing for a white-collar crime, you are likely highly apprehensive. After all, the sentence you receive can affect your life for many years. Some white-collar crimes like fraud or embezzlement that involve large sums of money may trigger a federal mandatory minimum sentence based on the amount of money involved. Mandatory minimums may also be applicable if this is not your first conviction for a white-collar crime.
For many other white-collar federal convictions, sentencing can be altered by a number of factors. Having a knowledgeable Dallas, TX white-collar crime attorney by your side who has a thorough understanding of sentencing factors can significantly lessen your potential penalties. Your attorney will know how to present these factors in the best light possible, helping you get your life and your future back on track.
What Are White-Collar Crimes?
White-collar crimes are usually nonviolent in nature and involve concealment or deceit to gain a personal or business advantage or money. Examples include money laundering, securities fraud, embezzlement, corporate fraud, Ponzi schemes, tax evasion, health care fraud, mortgage fraud, cybercrime, bank fraud, racketeering, and more. The SEC, the FBI, and the Financial Industry Regulatory Authority (FINRA), along with state authorities investigate white-collar crime. One of the most high-profile examples of white-collar crime in recent history is the Madoff Ponzi scheme that robbed approximately 37,000 victims of billions of dollars.
The Difference Between Theft and Embezzlement
Theft and embezzlement are two distinct federal offenses, but understanding the difference between them can be difficult. These crimes are closely related, as both involve taking money or property that does not belong to you. Most people think of embezzlement as little more than theft from an employer or an organization you volunteer for, but this is not accurate. It is possible to commit simple theft against the company or organization you are doing paid or unpaid work for. Embezzlement is more complicated than that. To embezzle, you must have had rightful access to the funds but wrongfully taken them for yourself instead of using them for their intended purpose. Embezzlement is generally more serious than theft, as it involves a breach of trust. If you have been accused of embezzlement, you need a knowledgeable Dallas, TX federal white-collar crimes attorney.
Understanding Life Insurance Fraud
Carrying a life insurance policy is an important way to protect your family. A good life insurance policy can provide your family with financial security in case you pass away and can no longer provide for them. The desire to ensure your family’s financial health no matter what happens to you can make it tempting to be less than perfectly honest on your application. However, doing so could put you at risk of being charged with a federal insurance fraud crime. Because most major life insurance providers are national companies, people accused of life insurance fraud usually face federal criminal prosecution. A Dallas, TX federal insurance fraud lawyer can help if you have been charged with defrauding a life insurance company.
Lying on an Application for Life Insurance Counts as Fraud
This includes lies of omission. If you know relevant information but do not disclose it, this may constitute fraud. For example, if you are asked whether you engage in any high-risk hobbies and neglect to mention that you are an avid scuba diver because you feel that you take enough precautions to be safe, this might be considered fraud.
What to Do if Your Business Partner Commits a Crime
You can find yourself in a very precarious position if your business partner becomes involved in white-collar crime. You may have initially thought that he was an honest businessman who shared your goals and values. Then, a few months or even years later, you notice that something is not right. Maybe there is an accounting discrepancy, and you realize that he is reporting cash earnings that are much higher than what you know the business takes in. Or, you see that your company paid a lot less in taxes than you were expecting and you are not sure why. Once you begin to suspect that your business partner is doing something illegal, you need to take action. Ignoring the situation can open you up to criminal liability. The best person to speak to is an experienced Dallas, TX federal white-collar crimes attorney.
Could I Get in Trouble if My Business Partner Acted Alone?
If your business partner was using your company to commit a crime, it is likely that both of you will come under federal investigation once law enforcement realizes what is going on. You could be subjected to criminal prosecution. However, if you were genuinely unaware of your business partner’s illegal actions, an attorney may be able to prove that you were not involved and are not guilty of a crime. This is why it is important to take immediate action as soon as you become aware of his wrongdoing. If you continue to work with him and do nothing about his criminal actions, you could be considered an accomplice.