Author Archives: Michael Lowe

Texas’ Senate Bill 4, the “Show Me Your Papers Law,” is Arguably Unenforceable Under Existing State Law

Here are how things stand right now for the controversial Texas Senate Bill 4 (88-4) (“SB4”), which was passed last fall by both houses of the Texas Legislature and signed into law by Governor Abbott.  You may recognize the new statute by its nickname, the “Show Me Your Papers Law.”   See, e.g., “Texas’s So-Called ‘Show…

Posted on by Arrest and Indictment, InDepth Articles, Texas Government Watch |
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Medicaid Fraud in Texas: Federal and State Prosecutions

First things first, it’s important to understand exactly what is involved in the Medicaid program here in Texas.  Bottom line, Medicaid is free or low-cost health insurance provided by the government for those that meet its eligibility requirements. The majority of Medicaid coverage is provided to those with no income or have a low income,…

Posted on by Health Care Fraud, InDepth Articles |
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Illegal Reentry into Texas: Crimes Under Federal Statute and Texas Law

There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants.  See, “Illegal Alien” Is One of Many Correct Legal Terms for “Illegal Immigrant,” written by Alex Nowrasteh and published by Cato on October 14, 2019. However, the legal terminology pursuant to federal statute…

Posted on by Arrest and Indictment, Federal Government Watch, InDepth Articles, Texas Government Watch |
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Buying Sex in Texas: Solicitation of Prostitution and Law Enforcement Focus on “John Stings”

It’s all about supply and demand.  Consider this:  Las Vegas will host Super Bowl VVIII on Sunday, February 11, 2024.  However, “football’s biggest week” really begins the prior Monday with Super Bowl Opening Night at Allegiant Stadium with the only public appearance of the two competing teams until they take the field for the big…

Posted on by Arrest and Indictment, InDepth Articles, Sex Crimes |
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Categorical Approach: Longer Federal Sentences With Past Convictions

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses.  How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…

Posted on by Arrest and Indictment, InDepth Articles, Sentencing |
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Retroactive US Sentencing Guideline (USSG) Amendments 2023

Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC).  This is a critical difference between the state and federal criminal justice systems. What is this…

Posted on by InDepth Articles, Sentencing |
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Thirteen Significant New Texas Criminal Laws Effective in 2023 

Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations.  From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…

Posted on by Arrest and Indictment, Assaults, Child Pornography Charges, Drug Crimes, InDepth Articles, Manslaughter Charges, Search and Seizures, Sex Crimes, Texas Government Watch, Trafficking Charges |
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Alien Smuggling in Texas: Federal Felonies & United States Sentencing Guidelines

The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions.  And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural…

Posted on by InDepth Articles, Sentencing, Trafficking Charges |
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Safe Harbor Defenses to Health Care Fraud Kickback Charges

Evolving Safe Harbor Provisions to the Federal Anti-Kickback Law can form the Basis for a Defense to Health Care Fraud Charges Kickbacks are illegal activities that can happen in all sorts of endeavors, from construction and real estate development to banking or politics.  The term is broadly defined by Cornell Law School, citing Fischer v….

Posted on by Health Care Fraud, InDepth Articles |
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When Businesses are Charged with Crimes: Organizational Offenders

First things first, we all know they’re not people.  In legal jargon, corporations are “legal entities” that exist through the operation of state law (usually) under things like the Texas Business Organizations Code, where “corporation” is defined as “…an entity governed as a corporation under Title 2 or 7.  The term includes a for-profit corporation,…

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