Posted on February 07, 2024 in Uncategorized

Our constitution protects against unreasonable search and seizure. However, this does not mean that law enforcement has to prove that you committed a crime before confiscating your property. In civil asset forfeiture, all law enforcement needs to show is that they suspect the property they have seized was used to commit a crime or may represent the profits of a crime. Asset forfeiture laws have been used both reasonably and abusively in the past. Commonly confiscated property includes cash, vehicles, and computers or cell phones. If your assets have been seized by federal law enforcement under asset forfeiture laws, it would be wise to contact a Dallas, TX, federal white-collar criminal defense lawyer promptly. Criminal charges frequently follow asset seizure

How Does Asset Forfeiture Work at the Federal Level?

Federal law enforcement can seize any property they think has been or will be used to further a criminal scheme or any property they think represents the proceeds of illegal activity. For example, if they believe that you are using your business to launder money gained through criminal enterprise, your business assets may be seized. Or, if they think you used money you embezzled to purchase that luxury car you drive, they may seize the vehicle.

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 Posted on January 18, 2024 in Uncategorized

Embezzlement is a white-collar crime that can be charged at the federal or state level, depending on certain factors. It is essential to understand the distinctions to get effective representation. A Dallas, TX, criminal defense lawyer can help you figure out what potential your case has and what level you are likely facing.

Where the Crime Was Committed

One of the first determinants is where the fraudulent activity occurred. If the theft transpired across state borders, involved interstate commerce, or occurred on federal land, then federal charges are likely. For example, federal jurisdiction would apply if you are an executive based in Dallas who embezzled funds electronically from the company’s bank account in New York.

On the other hand, if the crime occurred within Texas state boundaries with no interstate elements, Texas has jurisdiction, and state charges are probable.

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 Posted on January 09, 2024 in Uncategorized

The Federal False Claims Act and Texas Medicaid Fraud Prevention Act aim to combat fraud against the government stemming from false reimbursement claims for products and services not actually provided. These whistleblower statutes hold perpetrators liable through civil penalties and triple damages. However, common misconceptions confuse the FCA/TMFPA among would-be relators initiating fraud suits. A Texas False Claims Act lawyer can help you navigate a charge for a false claim.

Myth #1 - Most Claims Require Explicit Intent to Defraud

Cases do not require proving deliberate intent to obtain payments wrongly. Acts committed in “deliberate ignorance” or “reckless disregard” for truth and falsity also break FCA/TMFPA laws. Even unintentional submitting of false certifications or statements violating requirements attaches liability if underlying actions show extreme carelessness or buried heads.

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 Posted on December 19, 2023 in Uncategorized

As cryptocurrencies gain wider adoption, prosecutors also increasingly target related financial crimes. Allegations like money laundering, tax evasion, and investment scams surround these digital tokens, potentially implicating holders in financial and cyber offenses. If federal agents question or arrest you regarding crypto fraud, stay calm and take the vital steps below to build your best defense. You should also have a Texas cryptocurrency fraud lawyer on your side.

Seek an Experienced Legal Attorney

Given cryptocurrency's highly technical and evolving nature around laws regulating them, immediately work with defense lawyers well-versed in this unique area. Attempting to navigate complex crypto fraud cases alone almost guarantees charges sticking without sophisticated advocates negotiating better outcomes for you. Qualified crypto crime attorneys can analyze new case evidence and work cooperatively with you to assess risks realistically while developing strategies to address allegations.

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 Posted on December 06, 2023 in Uncategorized

Allegations of healthcare fraud in Texas can lead to severe criminal penalties for physicians. If you are facing charges, you should be aware of the potential consequences for medical professionals. A Texas lawyer can help you determine your specific charges' best course of action.

Civil False Claims Act Violations

When healthcare providers knowingly submit inaccurate Medicare or Medicaid billings, they face fines under the federal and Texas False Claims Acts. These civil statutes assign a various range per false claim. The government also recoups legal fees spent proving the case. With multiple patients and claims spanning months or years, penalties easily reach hundreds of thousands of dollars.

Criminal Insurance Fraud Convictions

Beyond civil damages, healthcare fraud constitutes a felony offense under the Texas Penal Code's theft liability provisions. Criminal prosecutors often aggressively pursue these cases, seeking lengthy incarcerations and substantial sanctions.

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 Posted on November 17, 2023 in Uncategorized

Being accused of insurance fraud can lead to severe penalties in Texas, including steep fines and years in prison. These allegations should not be taken lightly. You have a right to know what to do when facing this type of charge. A Texas attorney can help guide you to take the proper steps for your best interest.

Understand the Charges

Texas has laws against defrauding all types of insurance companies, including auto, healthcare, life, property, worker’s comp, and others. Some common charges include:

• Filing a false or misleading insurance claim.
• Staging or causing an accident to submit a claim.
• Exaggerating damages or injuries to inflate a claim.
• Billing for services not provided.
• Using someone else’s insurance illegally.
• Accepting kickbacks for fraudulent claims.

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 Posted on November 03, 2023 in Uncategorized

If you have been accused of embezzlement, understanding the basics of the crime, potential penalties, and effective defense strategies is crucial. Embezzlement involves the fraudulent appropriation of money or property entrusted to your care but actually belonging to someone else. A Texas lawyer can help you with what to know if you are under investigation or facing charges and then create the most robust case possible for you.

Key Elements of Embezzlement

For a conviction under Texas statutes, prosecutors must prove these elements beyond a reasonable doubt:

• You were entrusted with money or property belonging to another person or entity based on your role as an employee, trustee, attorney, or other position of responsibility.
• You intentionally misappropriated the funds or property by keeping or using them for an unauthorized purpose.

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 Posted on October 18, 2023 in Uncategorized

Having your property seized through civil asset forfeiture can be overwhelming. Understanding your rights and promptly working with an attorney can give you the strongest chance of challenging the seizure and regaining your assets. There are different key steps you can take with a Texas lawyer.

The First Step is To Consult an Attorney

Working with well-versed Texas asset forfeiture laws when you learn of a seizure is vital. Strict deadlines exist for contesting seizures, so moving quickly with this step is critical. An attorney can evaluate whether the seizure complies with state laws and help you craft a strategic response to challenge it.

Find Out Why the Seizure Took Place

Find out exactly why your property was targeted and learn the specific grounds stated for seizure. Common justifications include:

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 Posted on October 04, 2023 in Uncategorized

Money laundering is a serious financial crime that can lead to harsh criminal penalties if convicted. Understanding the potential sanctions under Texas statutes can underscore the substantial legal risks. You should also know you have a legal right to work with a Texas lawyer to help you through your case.

How Texas Law Defines Money Laundering

Texas’ penal code Chapter 34 outlines the state’s money laundering laws. Charges can be brought in Texas for the following:

• Knowingly concealing;
• Acquiring;
• Maintaining an interest in;
• Receiving;
• Transporting;
• Transmitting;
• Transferring funds that were obtained through criminal means. 

Penalties for Money Laundering Depend on the Amount

In Texas, the criminal penalties for a money laundering conviction vary depending on the monetary value of the illegally laundered funds. Prosecutors aggregate the total proceeds in a single scheme or course of conduct when determining the charge classification.

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 Posted on September 28, 2023 in Uncategorized

If you have been accused of credit card fraud or financial crimes in Texas, it is vital to work with a Texas lawyer. False allegations can seriously damage finances, professional prospects, and reputation if not handled assertively. An attorney can evaluate the charges and evidence and build a strong defense strategy.

Limiting Initial Statements

If questioned by law enforcement, creditors, or other agencies about suspicious financial activities, politely decline to answer substantive questions or make statements until you have legal representation. Comments made without a lawyer present could be taken out of context or used against you. Only provide basic identifying information until you have an attorney to advise you.

Assessing the Charges and Evidence

Provide your attorney with access to all details surrounding the allegations and purported evidence against you. They will thoroughly review the specifics of the charges and examine the basis for them. Look for any weak points, flaws, gaps, incorrect assumptions, improper interpretations. If any fraudulent accounts were opened or credit cards used in your name without authorization, your attorney can also request proof of such activities from creditors and lenders.

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