Category Archives: InDepth Articles

IRS Summons Form 2039: Federal Criminal Defense in IRS Criminal Investigations

The Internal Revenue Service (“IRS”) issued a news release on May 2, 2024 announcing its new “Strategic Operating Plan.”  This is of critical importance to those practicing criminal defense in Texas and across the country — and their potential clientele, of course. Read, S. Internal Revenue Service. (2024, May 2) IRS releases Strategic Operating Plan…


Why You May Need a Federal Criminal Defense Lawyer in Texas

Every lawyer in Texas has to graduate from law school and pass the bar prior to licensure allowing them to practice law in this state.  In Texas, lawyers are licensed to practice law by the State Bar of Texas (SBOT) after being approved for admission by the Texas Board of Law Examiners.  Any Texas attorney…


How Arrests Happen: From Investigation to Arraignment, Being Charged for a Federal Crime

For anyone facing allegations of violating one or more federal criminal statutes, as well as their loved ones, the complexities of the United States criminal justice system can be overwhelming.  Understandably so: the federal structure is notoriously intricate. This is often true for professionals who have never had any encounters with law enforcement before, aside…


USSC Limits (But Does Not End) Use of Acquitted Conduct in Federal Sentencing

On April 17, 2024, the United States Sentencing Commission (“USSC”) announced that after an unanimous vote of the bipartisan group, the United States Sentencing Guidelines (“USSG”) will change regarding how a past acquittal in federal court can be used in a subsequent federal matter to calculate a sentence under the USSG. For details on acquitted…


HealthCare Fraud Prosecutorial Trends in 2024: Predictions Based Upon Latest OIG DOJ Enforcement Report

Money and health care and crime: the topics are intertwined. The amount of money spent in the health care industry here in the United States is almost impossible to comprehend.  It is reported that in 2021, 17.8% of the entire gross domestic product (GDP) of our country was spent on health care.  This is two,…


Texas’ Senate Bill 4, the “Show Me Your Papers Law,” is Arguably Unenforceable Under Existing State Law

Here are how things stand right now for the controversial Texas Senate Bill 4 (88-4) (“SB4”), which was passed last fall by both houses of the Texas Legislature and signed into law by Governor Abbott.  You may recognize the new statute by its nickname, the “Show Me Your Papers Law.”   See, e.g., “Texas’s So-Called ‘Show…


Medicaid Fraud in Texas: Federal and State Prosecutions

First things first, it’s important to understand exactly what is involved in the Medicaid program here in Texas.  Bottom line, Medicaid is free or low-cost health insurance provided by the government for those that meet its eligibility requirements. The majority of Medicaid coverage is provided to those with no income or have a low income,…


Illegal Reentry into Texas: Crimes Under Federal Statute and Texas Law

There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants.  See, “Illegal Alien” Is One of Many Correct Legal Terms for “Illegal Immigrant,” written by Alex Nowrasteh and published by Cato on October 14, 2019. However, the legal terminology pursuant to federal statute…


Buying Sex in Texas: Solicitation of Prostitution and Law Enforcement Focus on “John Stings”

It’s all about supply and demand.  Consider this:  Las Vegas will host Super Bowl VVIII on Sunday, February 11, 2024.  However, “football’s biggest week” really begins the prior Monday with Super Bowl Opening Night at Allegiant Stadium with the only public appearance of the two competing teams until they take the field for the big…


Categorical Approach: Longer Federal Sentences With Past Convictions

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses.  How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…