Category Archives: InDepth Articles
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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Restitution Under Federal and Texas Law: Criminal Defense Overview
Our criminal justice system provides for the government to take property (real and personal) from individuals in a number of ways. For instance, monetary fines are established by statute as punishment alongside periods of incarceration. There are also forfeiture laws, which allow the taking of property even before any conviction has occurred. For more on…
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Health Care Fraud Arrests for Violation of Federal False Claims Act: Criminal Defense Overview
Schemes to take government money through nefarious means are far from new. Over 150 years ago, as the Civil War was raging in this country, Congress passed its initial landmark false claims law “…in the wake of a spate of frauds upon the government.” United States v. Bramblett, 348 U.S. 503, 504, 75 S. Ct. 504,…
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Texas Health Care Fraud Arrests: The Physician Self-Referral Law aka Stark Law, a Criminal Defense Overview
Health care is an almost incomprehensibly big business in this country. According to the Centers for Medicare and Medicaid Services (CMS), spending in the U.S. health care industry accounts for almost a fifth (19.7%) of our Gross Domestic Product (GDP) with $4.1 Trillion (yes, trillion) spent in health care during the calendar year 2020 alone….
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Texas Physicians’ Risk of Arrest: Criminal Defense Overview of Federal Anti-Kickback Statute (AKS)
All physicians understand that practicing medicine in Texas today involves continuing, widespread governmental oversight at every level, including extensive regulation by the federal government through a variety of federal statutes. Failure to comply can have devastating results. Doctors, clinicians, hospital administrators, and others can face damage to their professional and personal reputations with even the…
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Online Sex Crimes: Prostitution over the Web is Illegal in Texas
Internet prostitution is a very (VERY) lucrative enterprise here in Texas. Consider this: in 2019, criminal justice research studies estimated that 80% of the illegal prostitution industry in this country was conducted over the internet. Why? There are many reasons. Pimps and traffickers are reported to prefer online prostitution because it is harder for them…
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Diversion Programs in Texas
In Texas, both the state and federal systems of criminal justice offer opportunities for individuals to be “diverted” from the standard route of conviction, sentencing, and imprisonment into any one of a number of alternatives. Collectively, these are called “diversion programs.” They are voluntary: the state cannot force anyone to participate in them. What is…
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Texas Continuous Violence Against the Family: TPC §25.11
On September 1, 2019, prosecutors in the State of Texas were given greater power to charge and convict individuals based upon allegations of domestic violence when HB1661 became law. In the House Committee Report, lawmakers explained the purpose of the new legislation as follows: “It has been noted that prosecutors are unable to pursue charges…
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10 Questions to Ask Before you Hire a Dallas Criminal Defense Lawyer
Top 5 Mistakes in Defending a Texas Criminal Case
