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What Constitutes a “White Collar Crime” in Texas?

June 2, 2017 By Jeff King

“White collar crimes” were originally so called because they were the types of crimes a business professional would commit on the job: nonviolent and financially-motivated. The umbrella term of white collar crime has grown over the years to include other financial crimes that may not necessarily arise in the workplace but are still non-violent and motivated by financial gain.

 

Even though these offenses do not cause physical harm, Texas state and federal authorities punish them harshly. As a seasoned white collar crime defense lawyer and former prosecutor, Jeff King understands the impact of a conviction for these types of offenses and urges those facing charges to know as much as possible about what they entail.

 

Types of white collar crime

 

Unlike robbery and burglary, which rely on force or threat, white collar crimes involve some sort of misuse of information or access. Charges can usually be brought under state or federal laws.

 

Fraud

 

Fraud involves a misrepresentation or omission of material facts that someone could reasonably rely upon. It requires intent by the actor and alleged monetary loss.

 

Fraud is both a civil cause of action and a crime, so the same act can lead to criminal charges and a lawsuit. This makes it doubly important to take the charges seriously – a conviction could be used against you by a plaintiff to gain a monetary judgment.

 

Fraud can be committed in many different contexts. Some of the most commonly charged are:

 

  • Billing fraud such as bait and switch or adding in hidden charges
  • Credit card fraud like making unauthorized purchases on someone else’s card
  • Healthcare fraud such as billing for services never provided
  • Insurance fraud including falsifying information or padding a claim
  • Investment fraud from the traditional Ponzi schemes through modern internet investment scenarios
  • Mail fraud by using federal mail to commit a crime
  • Tax fraud including willfully attempting to defraud or evade the IRS

 

Embezzlement

 

In Texas, embezzlement is classified as a type of theft. It is committed by someone who is lawfully in possession of the property or money, so it often qualifies as employee theft. Embezzlement cases often include allegations of fraud in the course of committing or covering up the alleged embezzlement.

 

Money laundering

 

Money laundering typically takes place in conjunction with another crime. Generally, the Texas penal code makes it a crime to intentionally transfer, conceal, or otherwise transact with the proceeds of a crime. When someone faces money laundering charges, it is usually because the authorities believe they were trying to conceal the origin of money or property gained through some type of theft.

 

Defending white collar crime charges in Dallas, Tx

 

Conviction of a white collar crime in Texas can result in monetary fines and jail time or imprisonment. If you are facing charges, the best thing you can do is work with a Texas white collar crime defense lawyer who understands what is at stake.

 

Attorney Jeff King is fully ready to tackle the complexities of your white collar crime case with determination and know-how. Call today for a confidential consultation. 

 

Additional White Collar Crime Resources:

  1. Texas Penal Code, Chapter 32. Fraud, http://law.justia.com/codes/texas/2005/pe/007.00.000032.00.html
  2. Texas Penal Code, Chapter 31. Theft, http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.31.htm
  3. Texas Penal Code, Chapter 34. Money Laundering, http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.34.htm
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