Category Archives: Fraud Charges
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…
Online Impersonation: Catfishing is Illegal in Texas
Texas Penal Code 33.07 and Social Media Masquerade as Cyber Crime Catfishing is not the only form of online impersonation, but it may be the most well-known example of it. The temptation to pretend to be someone they’re not online may be overwhelming for some people, given how easy it is to set up social…
Health Care Fraud Prosecutions in 2018: Money and Drugs
Criminal Investigations, Arrests, and Charges of Doctors, Pharmacists, Psychologists, Billing Services, Clinic Owners, and More on Felony Fraud Charges Anyone involved in the healthcare industry here in Texas need to be prepared for scrutiny by local, state, and federal law enforcement. Healthcare fraud is a big, big deal these days. The heavy media coverage of…
Things to Know about Wire Fraud Today: It’s a Big Deal
Read news stories about arrests or prosecutions here in Texas, and you’ll find Wire Fraud usually gets added into the mix alongside Mail Fraud and the more well-known felonies like Racketeering, or Money Laundering, or Drug Trafficking. Wire fraud is like the apple that gets tossed into the lunchbox – it’s got substance and it…
