Author Archives: Michael Lowe

What is a Federal Deferred Prosecution Agreement?

Here in Texas, federal investigations may target organizations and businesses in their various forms as well as individuals for violations of federal criminal statutes.  For instance, in health care fraud investigations, potential defendants include all sorts of practitioners, from doctors or pharmacists, to pharmacy retailers; medical supply distributors; hospital operators; clinic operators; group practices; nursing…

Posted on by Arrest and Indictment, Health Care Fraud, InDepth Articles |
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Admissibility of Digital Data: Use of Electronic Evidence in Federal Criminal Case

Digital data, or electronic data, is a common focus in most federal prosecutions today here in Texas.  Our previous article discussed some criminal defense concerns regarding how in the discovery process investigators can search and seize this type of potential evidence in breach of the constitutional protections provided by the Fourth Amendment. Discovery, of course,…

Posted on by Cyber Crimes | Internet Fraud, Evidence, InDepth Articles, Search and Seizures |
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Digital Data and the Fourth Amendment Prohibition Against Illegal Search and Seizure

Defense Discovery Concerns Regarding Digital Investigations The Fourth Amendment of the United States Constitution, ratified on December 15, 1791, establishes the protection for every U.S. citizen against unreasonable searches and seizures by the government.  It states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…

Posted on by InDepth Articles, Search and Seizures |
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The Top Federal Felony Charges That Come With Mandatory Minimum Sentences: New USSC Report

The United States Sentencing Commission (“USSC”) recently published new information regarding mandatory minimum sentences in federal felony charges.  Read, United States Sentencing Commission Quick Facts Mandatory Minimum Penalties (FY 2024). What does this mean for criminal defense lawyers as well as federal prosecutors?  And, importantly, how does this impact those who are being investigated, charged, convicted,…

Posted on by InDepth Articles, Sentencing |
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Criminal Defense Discovery in Texas After Heath

Criminal defense attorneys across the state welcomed the decision of the Texas Court of Criminal Appeals (TCCA) this June when the opinion came down in The State Of Texas v. Dwayne Robert Heath, Appellee, Cause No. PD-0156-22.  (A dissent to the motion for rehearing was filed on September 25, 2024). Here are the details of…

Posted on by Evidence, InDepth Articles |
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Defense Mitigating Factors: Reducing Sentences in Federal Cases

Mitigation in Sentencing: October 2024 USSC Primer for Federal Criminal Defense Our previous article focuses upon the importance of sentencing considerations in any federal criminal defense matter.  Particularly, how it is critical for defendants and their loved ones to know that the prosecution will have a number of “aggravating factors” to argue as reasons to…

Posted on by InDepth Articles, Sentencing |
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How Prosecutors Try to Maximize Punishment:  Aggravating Factors in Federal Sentencing

October 2024 USSC Primer Provides Guidance on Application of USSG §3B1.1 It’s all about the trial if you watch movies, TV shows, or YouTube true crime podcasts.  But that’s not reality for those facing federal felony charges.  Evidentiary sentencing hearings are a huge battleground for most federal defendants. Criminal lawyers defending people who are being…

Posted on by Federal Government Watch, InDepth Articles, Sentencing |
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Aggravated Identity Theft: Federal Crimes and Mandatory Punishments

The basic federal felony criminal statute defining “identity theft” has been on the books for over twenty-five years, but it didn’t take long for lawmakers to decide it wasn’t enough.  A new and more serious criminal charge was argued as necessary within six years of its passage.  The result was Congress enacting the 2004 Identity…

Posted on by Credit Card Fraud, Cyber Crimes | Internet Fraud, Federal Government Watch, Fraud Charges, InDepth Articles, Mail Fraud |
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Federal Financial Instrument Fraud: Felony Credit Card Crimes

Banking is big business around the world but it is particularly important here in Texas, where Governor Abbott recently announced on X that the State of Texas enjoys the 10th largest economy in the world (yes, the WORLD).  For most of us, Big Banking translates into our checking and savings accounts alongside our credit cards,…

Posted on by Arrest and Indictment, Credit Card Fraud, Federal Government Watch, Fraud Charges, InDepth Articles |
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The Federal Criminal Justice System: After Arrest, From Arraignment to Sentencing

All too often, experienced federal criminal defense attorneys have clients and their loved ones reeling from coming into contact with a federal agent or investigator; getting a federal summons; or even being arrested on federal felony charges.  It’s a stunning blow for many people, especially doctors, health care providers, bankers, and other white-collar professionals, to…

Posted on by Arrest and Indictment, Federal Government Watch, InDepth Articles |
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