recognized every year from 2003 to 2009 by Law & Politics as a Super Lawyer (an outstanding lawyer who has attained a high degree of peer recognition and professional achievement), published in Super Lawyers Magazine.
recognized every year from 2003 to 2009 by Law & Politics as a Super Lawyer (an outstanding lawyer who has attained a high degree of peer recognition and professional achievement), published in Super Lawyers Magazine.
recognized in 2009 by Law & Politics as a Super Lawyer (an outstanding lawyer who has attained a high degree of peer recognition and professional achievement), and every year from 2004 to 2007 as a Rising Star (one of the top up-and-coming attorneys in the state -- those who are 40 years old or younger, or who have been practicing for 10 years or less), published in Super Lawyers Magazine.
recognized every year from 2004 to 2009 by Law & Politics as a Rising Star (one of the top up-and-coming attorneys in the state -- those who are 40 years old or younger, or who have been practicing for 10 years or less), published in Super Lawyers Magazine.
Criminal Defense Lawyers – Fighting For Those Accused of White Collar Crimes
The term “white collar crime” gives many different people many different impressions. That’s likely because so many different acts could be classified as white collar crime. The number of charges that can fall into this category has continued to grow given the advent of the Internet and other forms of technology, but there is also a misconception in existence regarding these crimes – that being convicted of one is not as serious as a conviction for a violent crime.
Below is information regarding white collar crimes that are typically federal in nature as well as examples of specific state laws in Texas that deal with these issues. You’ll also find what you should do if you face this difficult legal situation.
Federal White Collar Crimes
There are several different crimes that are typically charged and prosecuted in federal court, and a few examples of these white collar crimes include:
Bank fraud
Mail and wire fraud
Securities fraud
Financial fraud
Honest services fraud
Conspiracy
Internet and computer crimes
Mortgage fraud
Forgery
Embezzlement
Medicare/Medicaid fraud
Insurance fraud
Pension and ERISA (Employee Retirement Income Security Act) fraud
Real estate fraud
Anti-trust crimes, price fixing, bid rigging
Tax fraud
RICO violations
Environmental crimes
Espionage
Accounting fraud
Obstructing justice
False statements
Foreign Corrupt Practices Act violations
Health care fraud
Theft
Books and records reporting violations
Government procurement fraud
Contractor fraud
Money laundering
Any or all of these crimes can be charged as felonies, and each of them carries the potential for a significant term of incarceration in a federal penitentiary.
Texas White Collar Crimes
Although the majority of white collar crimes are handled in federal court, Texas has a few different statutes in existence that also speak to specific crimes. Below is an overview of a few examples:
Fraud– The Texas fraud statute deals with several different forms of conduct, including dealing in stolen checks, credit card fraud, issuing bad checks, commercial bribery, deceptive business practices and forgery, among others.
Computer Crimes – Computer crimes are becoming more prevalent every day, and Texas law provides for prosecution and punishment upon a conviction for such acts as breach of a computer’s security, online solicitation of a minor, and tampering with an electronic voting machine.
Telecommunications Crimes – Telecommunication crimes can include actions performed with a cell phone or any other device of that kind. Crimes on the books in Texas that constitute telecommunications crimes include unauthorized use of a telecommunications service, manufacture, possession or delivery of an unlawful telecommunications device, theft of telecommunications service, and publication of a telecommunications access device.
Money Laundering – Money laundering is often prosecuted on the federal level, but if it occurs within the borders of Texas it can also be prosecuted on the state level. If the amount of money laundered exceeds $200,000.00, the convicted defendant would face sanctions associated with a first degree felony.
Insurance Fraud – Insurance fraud deals with a defendant who allegedly acted in a way that he or she intended to obtain money from insurance companies wrongfully. Conduct that could be considered insurance fraud includes filing a false claim, failing to disclose material facts for an investigation, and other actions. If the fraud committed constitutes a value of more than $200,000.00, the convicted defendant would face the punishment commensurate with a first degree felony.
Bribery and Corrupt Influence – This chapter in the Texas statutes deals with several different acts, including bribery, coercion of a public servant or voter, improper influence, tampering with a witness, obstruction or retaliation, and offering a gift to a public servant.
As referred to above, the amount of jail or prison time that could attach to a conviction of a white collar crime depends in large part on the amount of money or value of benefits wrongfully obtained. There are some white collar crimes that are classified as Class A misdemeanors, which carry a maximum penalty of one year of incarceration and a $4,000.00 fine, and others that are first degree felonies. First degree felonies can carry a prison term of anywhere between 5 – 99 years in prison and a $10,000.00 fine.
How to Proceed
If you are facing any sort of white collar crime investigation, you need to act now to make sure that you properly build a strong defense. Contact the criminal defense lawyers at the law firm of Zimmermann, Lavine, Zimmermann, & Sampson, P.C. today to schedule an initial consultation.