Category Archives: Fraud Charges

Mortgage Fraud: Fraud for Profit and Fraud for Housing

Criminal Defense Expectations of Increased Mortgage Fraud Prosecutions in Texas The Dallas-Fort Worth metroplex is one of the top residential real estate markets in the country today, and the popularity of buying homes here – usually with a mortgage – is predicted to be “particularly attractive” this year.  For details, read “The 12 hottest housing…


Financial Institution Fraud (FIF): Criminal Defense Overview

Federal investigations involving crimes of financial institution fraud (“FIF”), as a general rule, will focus upon professionals who have had little if any experience with law enforcement or the criminal justice system in their entire lives, aside from the occasional traffic ticket.  These are people dedicated to the pursuit of a white-collar career; they may…


Bankruptcy Fraud: Texas Criminal Defense Overview

The United States Supreme Court established long ago that the United States Bankruptcy Code exists to provide a “fresh start” to those who seek relief under its provisions, where they can have “… a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.” Local Loan…


The Federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and the 2021 SCOTUS Limitation on Arrests and Prosecutions

In 1986, Congress passed the Computer Fraud and Abuse Act (“CFAA”), 18 USC §1030, that defines both civil and criminal liability for “…[w]hoever . . . intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . . information.” 18 U.S.C. § 1030(a)(2). Last year, from a federal computer crime defense perspective, big changes…


PPP Fraud: Government Loans and Federal Arrests Based on COVID-19 Relief

Last year, in response to the economic harm suffered in Texas and across the country due to the COVID-19 Pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), authorizing over Two Trillion Dollars ($2,000,000,000,000.00) in relief with $377 Billion of that sum dedicated to help small business owners. The Paycheck Protection…


Fraudulent Use or Possession Charges in Texas: Identity Theft and Fake Credit Cards

The popularity of online shopping continues to increase in no small part due to the Coronavirus Pandemic.  See, “Americans Keep Clicking to Buy, Minting New Online Shopping Winners,” written by Nathaniel Popper and published by the New York Times on May 1, 2020.  Along with it, opportunities abound for illegally accessing things like credit card…


Medical Identity Theft: Texas Criminal Defense of Health Care Fraud Charges

In Texas, both state and federal law enforcement are keenly focused upon the investigation and prosecution of all varieties of health care fraud, which can result in serious prison time upon conviction.  From a criminal defense standpoint, this investigatory zeal into the medical industry is of serious concern in part because of its impact long…


Fraud Charges: Texas Criminal Defense Overview

Fraud can mean many things, but for our purposes it involves an illegal act as defined by state or federal law.  Almost a century ago, the Supreme Court of the United States (SCOTUS) explained that to commit the crime of fraud is “to defraud” someone, by “… wronging one in his property rights by dishonest…


Consumer Insurance Fraud: Crime Involving Submission of Insurance Claims

Anyone applying for insurance or submitting an insurance claim seeking payment pursuant to provisions of an insurance policy can be arrested and charged for insurance fraud under Texas Penal Code Section 35.02. In Texas, insurance fraud is prosecuted by the local District Attorney’s Office working with the Texas Commission on Law Enforcement (TCOLE) and the…


Misapplication of Fiduciary Property by Trustees, Guardians, Executors, Administrators, Managers in Texas: Fiduciary Criminal Charges

Fiduciaries Can Face Arrest under Texas Penal Code 32.45 When someone under a power of attorney, or other legal authority, has control over the financial assets or property of another person, there’s always the temptation to take things.  Accordingly, under both civil and criminal law, fiduciaries are held to a higher standard of conduct. In…