The overwhelming majority of people think that white collar crime investigations only involve large corporations’ executives. The truth is, it isn’t that. Whether it be a professional, a small business owner, a health care employee or a working man or woman, these are people who are being investigated for financial crimes some may have never even known were criminal.These are people ranging from professionals, small business owners, health care workers, and everyone in between, who are being investigated for financial crimes that many may not have even known were criminal in nature. Whether you are being investigated by authorities or have already been charged with a crime, the first thing you need to do is meet with a qualified white collar crime lawyer before speaking with any authorities.
What is White Collar Crime in Texas?
There’s a little bit of homework to do to start with, though: The term “white collar crime” isn’t a legal term in Texas. Rather, these crimes are in the Fraud section of the Texas Penal Code. All have the same elements: first, making a material misrepresentation (which means a representation of a material fact); second, causing reliance on another party on that misrepresentation; and third, causing actual loss or injury as a result of that reliance.
In fact, this includes a good deal of behavior. This covers forgery, identity theft, credit card abuse, trademark counterfeiting, insurance fraud, mortgage fraud, securities fraud, tax fraud, money laundering, and false loan applications. Penalties usually correspond to the value of the property or service that has been illegally obtained, and this can easily quickly end up being a serious felony matter when there is a high dollar charge.
Why is Embezzlement Unique from Other Financial Crimes?
Embezzlement is one of the most misinterpreted white-collar crimes in that it does not involve deception per se. Rather it is a betrayal of trust. In Texas, embezzlement is a type of theft, as defined under the state’s general theft statute: theft occurs when the person takes or uses the property without the owner’s consent with the purpose of depriving the owner of ownership.
The difference between embezzlement and other crimes is that the individual accused was generally granted legally access to the property. When money is misused, an employee who has access to the company’s finances, a manager of a business account, or a contractor who can process business payments can all be charged with embezzling. The types of common examples that investigators seek are:
Many people are surprised by how far a case goes before they realize they are involved. There are agencies, such as the Houston Police Department’s Financial Crimes Unit, that dedicate most of their resources and expertise to investigations in the areas of forgery, credit card abuse, identity theft, embezzlement, and bribery. When investigators reach you, they’ve likely been preparing their case for weeks, if not months, and are looking for documents, witnesses, and evidence.
That is one of the reasons the “wait and see” mantra is so unhelpful when it comes to white collar crimes. The window of opportunity to make a positive difference for an experienced attorney is typically the earliest. The sooner, the better, for your legal team to work.
The Basics of a Strong White Collar Defense
A white collar defense attorney is not one who just responds to the prosecutor’s case. They do their own independent investigation, check financial records in as much detail as the government does and find out what are all the possible holes in the prosecution’s theory before it even gets into court.
The procedures for defending such charges depend greatly on the facts and type of charge. Some of the best strategies are to challenge if there was no intent to commit a crime, review how evidence was secured, the extent to which proper legal procedures were followed, review valuation methods to determine financial losses and negotiate with prosecutors to drop or reduce charges. It’s important that your white collar defense attorney can handle all of these fields at once.
Salinas Defense’s cases fall under the following categories:
Salinas Defense serves as a Lawyer-Attorney in Southeast Texas, defending clients in Houston and neighboring communities such as Friendswood, Pasadena, La Porte, Seabrook, Pearland, Baytown, Galena Park, Deer Park, and other communities in Southeast Texas. The firm covers all aspects of white collar crimes and can provide clients with expert legal counsel no matter what type of allegations they have.
Cases handled include:
There are several legal aspects, evidentiary needs, and penalties to each one of these case types. The difference a concrete difference makes is when you have a legal team that knows the specifics of your charge instead of applying a generic defense approach.
If You’re Under Investigation, What Should You Do Right Now?
There is one rule in any white collar crime lawyer that’s very simple: never talk to investigators without lawyers present. How you think or feel about the situation does not matter, whether it is a casual or formal dialogue, how friendly the investigators are, or what they think they have done wrong. Even if what you say is true, it can be twisted into a lie and if it is a lie, it will be used against you to create a case.
Conclusion
White collar crime has repercussions that extend beyond the courtroom. These cases can impact your career, professional reputation, wallet, and freedom from the get-go. The pressure can be coming from all sides, as these offenses are defined broadly in Texas, the penalties are based on the financial amounts and federal agencies often become involved. It’s a wise choice to retain an experienced white collar crime attorney from Houston that carries out in-depth independent investigations and utilizes real courtroom experience in every case. When faced in this kind of situation, it is just the most vital one you can come up with.
Frequently Asked Questions
Do I need a lawyer if I haven’t been formally charged yet? Absolutely yes. If you’re under investigation, hiring immediately gives you the best chance of influencing how the case develops before charges are formally filed. Early legal intervention can sometimes prevent charges altogether.
What is the difference between fraud and embezzlement under Texas law? Fraud typically involves deceiving someone into a financial loss through misrepresentation, while embezzlement involves misusing property that was legitimately entrusted to you. Both are serious offenses prosecuted under the Texas Penal Code, but the legal elements and defense strategies differ significantly.
Does Salinas Defense offer free consultations for white collar cases? Yes. Salinas Defense offers free, confidential consultations for individuals facing white collar crime charges or investigations in Houston and surrounding Southeast Texas communities. You can reach them at 832 202-8409 or through their online contact form.
