Category Archives: Fraud Charges
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…
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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,…
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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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Cryptocurrency and Money Laundering: Digital Money Felony Arrests
Operation Crypto Runner here in Texas is one example of federal focus on crypto crime. Money mules here in Texas can face very serious felony charges, even if they were unwilling or clueless participants in an illegal scheme that usually involves money laundering. Marks can still get arrested: that is where an experienced criminal defense…
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Money Mules: Fraud Victims Become Criminals Facing Arrest in Texas
Who gets arrested in Texas for being a money mule? It is often shocking to the accused as well as their loved ones that people being victimized by sophisticated enterprises, often based overseas, find themselves under arrest and facing serious felony charges. In my own Texas criminal practice, I am aware of more and more…
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Elder Crimes: Federal Prosecutions and the Elder Justice Initiative
According to federal and state statute, anyone age 60 years or older is legally considered to be elderly. See, 42 U.S.C. § 1397j(5) and Texas Human Resources Code §102.001(5). In some Texas criminal laws, elderly is defined as anyone who is age 65 or older. It is easy to imagine an elder as a grey-haired…
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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…
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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…
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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…
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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…
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