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White-collar crimes are often glamorized in the movies, but these crimes can carry serious consequences in Texas. Fraud, embezzlement, and other financial offenses can lead to hefty fines, prison time, employment loss, and an irreparably damaged reputation. If you have been implicated in a white-collar crime, you may be wondering how Texas prosecutors investigate financial crimes.
Types of Financial Crimes
Financial crimes encompass a variety of offenses in the business, personal, and financial sectors. Financial crimes are not confined to under-the-table trading and money laundering. They can also include such mundane crimes as check fraud, identity theft, and more. Some of the common offenses include:
- Healthcare fraud. Using deceptive, unlawful practices to receive unauthorized health insurance benefits from private insurers or the government.
- Medicaid/Medicare fraud. Using unlawful strategies to obtain government-funded benefits and payments from these entities.
- Ponzi or pyramid schemes. Using funds from new investors to pay off old debts or returns promised to prior investors.
- Tax fraud. Dishonest, fraudulent actions that reduce, minimize, or evade tax liability.
- Securities fraud. Manipulating financial markets in a way that leads to personal gains.
- Embezzlement. The misappropriation of funds entrusted to an individual by a person, organization, or employer.
- Identity theft. Using the personal information of another individual to open accounts or take out lines of credit, hacking their social media for phishing or blackmail purposes, or engaging in other illegal behavior.
While this is not an exhaustive list of financial crimes, the investigation process for most of these crimes follows a similar procedure in Texas. Many financial crimes are felonies and are often prosecuted to the full extent of the law.
The Investigation Process for Texas Financial Crimes
Most financial crimes in Texas are investigated by TFCIC: Texas Financial Crimes Investigation Center. This agency, created in 2022 to better address the rising number of financial crimes in the state, is a special unit that works alongside state, federal, and local agencies to detect and prevent financial crimes.
Fraud cases of all types represent the most common non-violent offense investigated at the state and federal levels. Individuals or businesses who suspect fraud or any other financial crime typically report the suspected crime to local law enforcement, who evaluate the case to see if it qualifies for further investigation. If the case qualifies, it is then referred to TFCIC for specialized analysis.
If the crime occurs at a large financial institution or a major corporation, the crime must be reported to the federal government. The institution must submit a suspicious activity report (SAR) to FinCEN. Employers and institutions can also simultaneously report the suspected crime to TFCIC. With major white-collar crimes, it is not unusual for a federal and state investigation to occur in tandem, with agencies communicating and sharing information.
If enough evidence exists to justify prosecutorial action, the case is transferred back to local law enforcement, a prosecutor is assigned, and the accused may be arrested and then arraigned on charges. This is how the criminal prosecution process begins.
Penalties for White Collar Crimes in Texas
Under Texas law, the type of financial crime dictates the level of enforcement and the appropriate penalties if the defendant is convicted. Financial crimes such as fraud, embezzlement, and money laundering are all considered felonies under Texas law when they involve large quantities of money or affect vulnerable populations.
Several of these crimes constitute a state jail felony. If convicted, the guilty party will be required to pay fines and restitution and may serve a period in a state jail.
For large-scale operations, particularly those that cross state lines or involve organized crime rings, federal charges may apply, as well as asset forfeiture. Jail sentences of up to 99 years are possible. Federal white-collar crimes often involve agencies such as the FBI, IRS, and SEC. Financial crimes cost the US economy an estimated $426 billion to $1.7 trillion per year.
Hire a White-Collar Crime Lawyer
If you have been implicated in a financial crime in Texas, it’s crucial to hire a white-collar crime lawyer who understands the complex nature of these cases. With your reputation and financial standing at stake, a sound legal strategy can help prevent lifelong consequences for you and those you love. At Michael Uhl, P.C., we understand white-collar crime laws and can help you build a compelling defense.
Our dedicated legal team has years of combined experience representing those accused of white-collar crimes. We understand how stressful it can be to face the possibility of being convicted for a financial crime. We’re here to help you understand your rights and the investigation process.
FAQs
Can the FBI Raid My House?
It is possible for the FBI, or any other federal, state, or local law enforcement agency, to raid or search your home during a financial crimes investigation. However, for the FBI or any other government entity to have the right to search your home, probable cause must exist, and a warrant must be granted by a magistrate.
Can I Be Charged for a White-Collar Crime if It Was Accidental?
In Texas, there must be sufficient cause for an investigation, and criminal intent must be proven by the prosecution. Crimes are often erroneously reported and usually do not escalate to a full-scale investigation resulting in charges. However, if you have been implicated in any financial crime, it’s important to speak to an attorney before speaking to law enforcement or any government official.
What Is the Most Serious Financial Crime?
Large-scale financial fraud and Ponzi schemes constitute some of the most serious financial crimes in the United States. Wire fraud, embezzlement, and other high-level white-collar crimes cost financial institutions and corporations billions of dollars each year, which takes a toll on the overall economy. It is crucial to seek assistance from a seasoned white-collar crime attorney to defend you against prosecutors seeking harsh penalties.
How Much Does a White-Collar Crime Lawyer Cost?
Attorney fees for criminal defense lawyers, including white-collar crime attorneys, vary according to the complexity of the case, the experience of the lawyer, and even whether the case is litigated in court. Discussing fees with your attorney during an initial consultation is recommended. They will evaluate your unique situation and help you understand the costs you could incur.
Texas White-Collar Crime Lawyer
If you are accused of a white-collar crime, you deserve the knowledge and experience of a lawyer who will put your interests first. With the right lawyer, you can gain the confidence you need to face the legal challenges ahead. Get the help that you deserve from Michael Uhl, P.C. Contact our office today to schedule a consultation and begin building a strong legal defense strategy.
Texas White Collar Crime Resource: