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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.
What if I Am Under Federal Investigation in Texas and Do Not Know Why?
Finding out that the FBI is investigating you or your company for reasons you do not understand can be incredibly frightening. You may have been blindsided by FBI agents entering your office or knocking on your door. Watching federal agents execute a search warrant on your place of work or your home can be alarming and deeply upsetting when you do not believe you have done anything wrong. You may even have your assets seized if you are suspected of a crime. Realizing that you could face federal prosecution for a white-collar crime can come as a shock when you believe you have been doing everything according to the law. The best thing you can do in this situation is to contact a Dallas, TX, federal criminal defense attorney immediately. An attorney can help you understand why this is happening and guard you against undeserved charges.
Why You May Be Under Investigation
A few common reasons people who do not believe they have done anything wrong face federal investigation and the risk of prosecution include:
Federal Fraud Schemes and Vulnerable Victims in Texas
In federal criminal cases, the charges can usually be enhanced if the victim or victims are particularly vulnerable to becoming the victims of crime. In federal fraud schemes, this most frequently applies when the elderly are deliberately targeted. The vulnerable victim enhancement can result in harsher penalties, like a longer prison sentence or a steeper fine. Understanding when this enhancement actually applies can be difficult. The simple fact that one of the individuals who responded to, for example, a wire fraud scheme that involved numerous targets, is elderly, or has mental disabilities is usually not enough for this enhancement to factor in, although the prosecution will probably argue that it is. If you are facing federal prosecution for any type of fraud, it is important to work with a skilled Dallas, TX, federal fraud lawyer.
Healthcare Fraud Accusations in Texas
Healthcare fraud can be a serious federal crime. It can also be something of a catch-all term for any type of fraudulent activity carried out by a healthcare provider or, in rare cases, an individual who is not a licensed medical practitioner. Healthcare fraud can take many forms. For example, anyone other than a licensed healthcare provider who presents themself as one and attempts to bill a “patient’s” insurance company can be charged with this offense. It is also fairly easy for a healthcare provider to commit this crime without intending to defraud anyone or to fall under suspicion while engaging in legitimate practice. Healthcare fraud is usually a federal crime because most health insurance companies operate across multiple states, as do many hospital systems. If you have been accused of healthcare fraud, it is important to reach out to a Dallas, TX, federal health insurance fraud attorney right away.
Do the Police Need Proof to Take My Property?
Our constitution protects against unreasonable search and seizure. However, this does not mean that law enforcement has to prove that you committed a crime before confiscating your property. In civil asset forfeiture, all law enforcement needs to show is that they suspect the property they have seized was used to commit a crime or may represent the profits of a crime. Asset forfeiture laws have been used both reasonably and abusively in the past. Commonly confiscated property includes cash, vehicles, and computers or cell phones. If your assets have been seized by federal law enforcement under asset forfeiture laws, it would be wise to contact a Dallas, TX, federal white-collar criminal defense lawyer promptly. Criminal charges frequently follow asset seizure
How Does Asset Forfeiture Work at the Federal Level?
Federal law enforcement can seize any property they think has been or will be used to further a criminal scheme or any property they think represents the proceeds of illegal activity. For example, if they believe that you are using your business to launder money gained through criminal enterprise, your business assets may be seized. Or, if they think you used money you embezzled to purchase that luxury car you drive, they may seize the vehicle.
Determining if Embezzlement is a State or Federal Crime
Embezzlement is a white-collar crime that can be charged at the federal or state level, depending on certain factors. It is essential to understand the distinctions to get effective representation. A Dallas, TX, criminal defense lawyer can help you figure out what potential your case has and what level you are likely facing.
Where the Crime Was Committed
One of the first determinants is where the fraudulent activity occurred. If the theft transpired across state borders, involved interstate commerce, or occurred on federal land, then federal charges are likely. For example, federal jurisdiction would apply if you are an executive based in Dallas who embezzled funds electronically from the company’s bank account in New York.
On the other hand, if the crime occurred within Texas state boundaries with no interstate elements, Texas has jurisdiction, and state charges are probable.
Myths About the False Claims Act in Texas
The Federal False Claims Act and Texas Medicaid Fraud Prevention Act aim to combat fraud against the government stemming from false reimbursement claims for products and services not actually provided. These whistleblower statutes hold perpetrators liable through civil penalties and triple damages. However, common misconceptions confuse the FCA/TMFPA among would-be relators initiating fraud suits. A Texas False Claims Act lawyer can help you navigate a charge for a false claim.
Myth #1 - Most Claims Require Explicit Intent to Defraud
Cases do not require proving deliberate intent to obtain payments wrongly. Acts committed in “deliberate ignorance” or “reckless disregard” for truth and falsity also break FCA/TMFPA laws. Even unintentional submitting of false certifications or statements violating requirements attaches liability if underlying actions show extreme carelessness or buried heads.
Cryptocurrency Fraud Charges: Defense Strategies
As cryptocurrencies gain wider adoption, prosecutors also increasingly target related financial crimes. Allegations like money laundering, tax evasion, and investment scams surround these digital tokens, potentially implicating holders in financial and cyber offenses. If federal agents question or arrest you regarding crypto fraud, stay calm and take the vital steps below to build your best defense. You should also have a Texas cryptocurrency fraud lawyer on your side.
Seek an Experienced Legal Attorney
Given cryptocurrency's highly technical and evolving nature around laws regulating them, immediately work with defense lawyers well-versed in this unique area. Attempting to navigate complex crypto fraud cases alone almost guarantees charges sticking without sophisticated advocates negotiating better outcomes for you. Qualified crypto crime attorneys can analyze new case evidence and work cooperatively with you to assess risks realistically while developing strategies to address allegations.