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The Role of Cooperation in White-Collar Crime Plea Deals

 Posted on June 05, 2025 in White Collar Crime

TX defense lawyerFor those charged federally for a white-collar crime, there are few factors that can carry as much weight in a plea agreement as cooperation. An individual who is willing to assist in criminal investigations is more likely to be given much more favorable terms in a plea deal. If you are unsure what cooperation entails and how it will impact the outcome of your case when facing federal white-collar crime charges, it is important that you speak to an experienced Dallas, TX white-collar crime lawyer.

What Is Involved in Cooperation?

Cooperation in a federal white-collar crime can take many forms, depending on your role in the white-collar crime, the extent of the crime, and the victims involved. If you agree to cooperate, this means you will provide accurate, truthful information or evidence to federal prosecutors. This can include one or more of the following:

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What Are the Best Defenses Against White-Collar Crimes?

 Posted on May 28, 2025 in White Collar Crime

TX defense lawyerAlthough white-collar crimes are generally considered to be non-violent crimes that often have no single victim like other criminal offenses, the consequences of a white-collar crime conviction can be both serious and long-term. Many white-collar crimes rely heavily on information and evidence gathered from computers.

Since computer information can be manipulated, it is important that prosecutors ensure digital traces have not been falsified or insufficiently documented and that the evidence is handled and distributed securely. Many white-collar crimes are charged federally because of the use of the Internet and computers or when a crime otherwise crosses a state line.

Federal resources tend to be more abundant than state resources, and federal penalties are much harsher than state penalties. If you are facing federal white-collar criminal charges, it is extremely important that you choose a Dallas, TX white-collar crimes lawyer who has extensive experience defending against federal charges.

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Can Mortgage Fraud Charges Also Trigger Wire Fraud Charges?

 Posted on May 08, 2025 in Fraud

TX defense lawyerThree East Texas women were recently indicted in an $8 million mortgage fraud scheme. One of the three women has been dubbed the "Short Sale Queen." In addition to mortgage fraud, the three were charged with conspiracy to commit wire fraud and conspiracy to submit false statements to a federally insured financial institution.

Three digital companies, including Short Sale Queen, LLC, were used to find homeowners in the pre-foreclosure short sale process and then help the homeowners list the properties for sale. After obtaining a signed listing agreement with the homeowners, fake documents, including letters from fictional buyers, letters to banks and mortgage companies asking them to freeze the foreclosure process, and falsified purchase agreements were given to the homeowners.

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Texas Pharmacist Sentenced for Workers’ Comp Healthcare Fraud

 Posted on April 23, 2025 in Fraud

TX defense lawyerA Plano, TX pharmacist was recently sentenced to 17 years and six months in prison and ordered to pay $115 million in restitution for committing healthcare fraud against the Department of Labor (DOL). According to evidence submitted at trial, the pharmacist was submitting fraudulent claims for prescription compounded creams for those injured in Texas workers’ compensation accidents.

The pharmacist, along with others he brought into the scheme, conspired to pay doctors to prescribe medically unnecessary compound creams for injured federal workers. The doctors were paid millions in illegal bribes and kickbacks for prescribing these creams, which were being mixed in the back rooms of three pharmacies by untrained teens. The actual cost of the creams was approximately $15 per prescription, but the DOL was charged as much as $16,000 per prescription.

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What if a Federal Prosecutor Offers You Immunity?

 Posted on April 08, 2025 in Uncategorized

TX defense lawyerImmunity is a powerful tool that is often wielded by federal prosecutors, particularly for white-collar crimes. While an offer of immunity can feel like a lifeline, allowing you to largely escape penalties for a white-collar crime, it is not an ironclad guarantee. If you do not have a full understanding of an offer of immunity, you could find yourself with a deal you did not expect.

It is virtually never a good idea to attempt to negotiate an offer of immunity on your own without a knowledgeable federal defense attorney. You could inadvertently reveal information that could negate the deal and harm your original case. Immunity agreements can benefit significantly from having an experienced Dallas, TX federal defense lawyer.

How Does Federal Immunity Work?

Immunity is an agreement reached between a federal prosecutor and your attorney after you have been accused of a crime. The prosecutor agrees not to prosecute you for specific offenses in return for testimony or information against another person or persons who have committed a crime. The federal government is typically focused on targeting the "bigger fish," so if your crime is lower-level but you can help the government apprehend a higher-level criminal, you may be offered some level of immunity.  

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Common Defenses Against a Bank Fraud Charge

 Posted on March 28, 2025 in Fraud

TX defense lawyerBank fraud is a serious federal crime. It can entail a list of illegal activities, including fraudulent transactions, money laundering, and the use of fake identities and documents. Having a legal representative who is well-versed in the federal laws that govern these cases and the legal arguments that can fight the charges is crucial to a strong defense. Consider some common examples of how our Dallas, TX bank fraud attorneys may be able to help you challenge bank fraud charges.

Lack of Intent To Defraud

A key element of bank fraud cases is intent, and federal law requires proof that the defendant intended to defraud. Ultimately, they must prove that you intended to commit bank fraud, whether you were successful or not. The burden of proof in these cases is beyond a reasonable doubt.

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The Statute of Limitations in Fraud Cases

 Posted on March 10, 2025 in Fraud

TX defense lawyerMany crimes in the United States come with a statute of limitations. This is essentially a time limit for prosecutors to pursue a case against you, and once the statute of limitations expires, you cannot be charged with a crime. If you have been accused of a criminal fraud offense from years ago, you might be protected by the statute of limitations.

At Spencer & Associates, our white collar crime attorneys have handled many complex and high-profile fraud cases, including numerous federal cases. When you work with our firm, we will explore all possible avenues in your defense against a fraud charge.

General Fraud Charges

In most cases, the criminal statute of limitations for a fraud charge in Texas is seven years. Some of these charges include:

  • Identity theft

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Why Bankruptcy Fraud Charges Are Widespread

 Posted on February 26, 2025 in Fraud

TX bankruptcy lawyerIt is very easy to carry out bankruptcy fraud without truly intending to. Making an inaccurate statement on your bankruptcy filing can be enough to get you charged with fraud, even if you did not realize the information you provided was inaccurate. Bankruptcy law also creates an unusual set of circumstances where you could be charged with bankruptcy fraud for something you did before you even decided to file for bankruptcy. People can be accused of bankruptcy fraud just for making a luxury purpose a month before filing. However, being accused of fraud does not mean that you will be convicted of a crime. There is a lot a Dallas, TX white collar crimes lawyer can do to help you. A simple mistake can easily appear to have fraudulent intent in bankruptcy. An attorney can often help to show that you were acting in good faith and have not committed a crime.

Providing Inaccurate Information Does Not Mean You Lied 

When you are filing for bankruptcy, you will need to make a lot of detailed financial disclosures. You will be asked to disclose what assets you own, whether you have made any luxury purchases recently, and what income you have. However, not everyone keeps close track of their finances. It is easy to forget about a short-term job you had or an asset you have not used or thought about in a long time, especially if you are working multiple jobs or are busy with family responsibilities. Mistakes are even more likely to happen if you and your spouse are filing together, as there is an added risk of miscommunication when you are preparing your documents. This can make it appear that you were trying to conceal an asset, which is regarded as bankruptcy fraud when it is done intentionally.

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Understanding Wire Fraud Charges

 Posted on February 11, 2025 in Fraud

TX defense lawyerWire fraud charges are part of many federal white-collar criminal cases. When the criminal case is mainly about a crime like embezzlement or credit card fraud, defendants do not always understand why they have been charged with this particular offense. This is likely because the definition of wire fraud has changed greatly over the past several decades. Before the internet, wire fraud involved wire money transfers or other wired communication. If the offense were created today, it would likely have been called something closer to "fraud by electronic communication." Wire fraud today simply means using any means of electronic communication, such as text messages, social media posts, or e-mails to defraud others. If you are facing wire fraud charges, you need an experienced Dallas, TX federal white-collar crimes attorney to help you.

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Fraud Targeting The Elderly Carries Harsher Sentencing

 Posted on January 27, 2025 in Fraud

TX defense lawyerThe elderly are a frequently targeted group. Older adults often have a more difficult time spotting a scam being run online or identifying a badly unfair contract. Seniors also tend to struggle with social isolation, making them more vulnerable to manipulation by anyone posing as a friend or love interest. Financial fraud against the elderly can take many forms, from very simple fake product schemes to more complicated business schemes designed to trick the elderly into long-term contracts that will offer them no benefit. The federal criminal justice system classifies senior citizens as vulnerable victims, meaning that sentencing enhancements apply when a person is convicted of a federal white-collar crime against them. You need an aggressive Dallas, TX financial crimes attorney if you are facing charges involving elderly victims or other vulnerable victims.

How Do Courts Decide Whether The Elderly Were Being Targeted? 

For the vulnerable victim sentencing enhancements to apply, you must have targeted the elderly intentionally or known that the elderly would be the most likely victims of your scheme. If you did not target the elderly, and it simply happened by coincidence that a large number of people who fell prey to your financial offenses were elderly, the sentencing enhancements should not apply.

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