Recent Blog Posts
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.
Types of Businesses Most Often Investigated for Money Laundering
Some types of businesses are more commonly investigated for money laundering than others. This is simply because it is easier to launder money through certain types of businesses, especially those where cash is frequently used. Your business might be placed under investigation on suspicion of money laundering if you report unusually high cash profits for the type of company you run. While you may be running a perfectly legitimate business that just happens to have a lot of customers who pay cash, it is best to speak with a Dallas, TX white collar crimes attorney as soon as you become aware of the investigation. Even if you are unaware of any illegal activity, your business partners or employees might be.
Which Types of Businesses Are Most Likely to be Suspected of Money Laundering?
A few types of businesses that are commonly used for money laundering - and more likely to be investigated on suspicion of money laundering - include:
The Difference Between Federal and State Crimes
Some defendants are surprised to find out that they are facing federal rather than state charges. You may have believed that what you were doing only involved people within the state of Texas. If you never left the state - or, in the case of internet crimes, never left your house - you might have thought you could only be prosecuted at the state level. However, the federal government has jurisdiction over any case that crosses state lines, even electronically, and any case that involves interstate commerce. In modern times, it is very difficult to carry out any financial crime without impacting commerce between states in some way. You need a skilled Dallas, TX federal white-collar crimes lawyer if you have been accused of a federal offense.
When Does the Federal Government Have Jurisdiction?
Your case might be handled at the federal level if:
Dealing With a Mortgage Fraud Accusation
The housing market is extremely difficult for first-time buyers to break into these days. Corporations are buying up large amounts of housing to rent out, making it impossible for many families to compete with their offers. This has likely contributed to an increase in mortgage fraud accusations as legitimate buyers struggle to submit strong enough applications. Buyers may feel pressured to take measures to make a good impression on lenders, which sometimes translates to leaving out key information or overestimating their income. Unfortunately, some would-be homebuyers are finding themselves in legal trouble for providing false or misleading information on mortgage applications. If you have been accused of mortgage fraud, you must find a skilled Dallas, TX federal mortgage fraud lawyer right away.
What is Considered Mortgage Fraud?
It is understandable why people who are trying to buy a house might be less than perfectly honest on their mortgage documents in this highly competitive market, but anything less than perfect honesty could get you accused of federal mortgage fraud. Some of the misstatements or omissions that could lead to this accusation include:
When an Online Romance Scam Becomes a Federal Case
Dating apps and online matchmaking services are more popular than ever. Even commonly used social media websites that are not designed as dating services, like Facebook and Instagram, can be used to facilitate a romantic relationship. However, online romances are not always genuine. Romance scams are becoming more and more common. A romance scam is when one person contacts another online and initiates a flirtatious conversation, posing as an interested suitor with the ultimate goal of getting the target to send money. Even innocently asking to borrow money from a person you met online and are genuinely interested in having a relationship with can look like a romance scam from an outside perspective. If you are accused of a federal internet crime, it is important to immediately reach out to a Dallas, TX federal criminal defense lawyer.