Category Archives: Fraud Charges
Honest Services Wire Fraud: The Most Controversial Federal Fraud Charge, Explained
Honest services wire fraud, defined in just 28 words under 18 U.S.C. § 1346, is one of the most controversial charges in federal criminal law, criminalizing schemes to deprive another person of the intangible right of honest services through bribes or kickbacks. After the Supreme Court drastically narrowed the statute in Skilling v. United States…
Bank Fraud vs. Wire Fraud vs. Mail Fraud: How Federal Prosecutors Stack Charges
Bank fraud, wire fraud, and mail fraud are three separate federal statutes that prosecutors regularly charge together when a single scheme involves a bank, electronic communications, and physical mailings. The critical difference for defendants is the penalty ceiling: bank fraud under 18 U.S.C. § 1344 carries a maximum sentence of 30 years in federal prison…
Federal Wire Fraud vs. State Fraud Charges: Why It Matters Where Your Case Is Filed
Wire fraud is a federal crime under 18 U.S.C. § 1343, and the court where your fraud case is filed changes nearly everything about how it will be handled. Federal wire fraud carries up to 20 years in prison per count, and federal courts convict at a rate that far exceeds state courts. State fraud…
How a Single Email Creates Federal Jurisdiction in Wire Fraud Cases
A single email, text message, or phone call can give the federal government jurisdiction over what would otherwise be a state fraud case, and understanding how this happens is one of the most important things anyone facing wire fraud allegations needs to know. Under 18 U.S.C. § 1343, the federal wire fraud statute criminalizes the…
The Case of the Non-Citizen Facing Felony PPP Fraud Indictment: Innocent of All Charges
This is the first in my series of articles discussing specific aspects of some of my recent criminal defense representations here in Texas. These will be generalized discussions: particulars including the identification of clients, prosecutors, etc. will not be included for obvious privacy reasons. No one reading these articles should assume any form of legal…
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…
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,…
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,…
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…
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…
