What is White Collar Crime in Dallas, Texas?

White-collar crimes in Dallas refer to financially motivated crimes committed by individuals, businesses, or government professionals. Examples of Dallas white collar crimes include mortgage fraud, health care fraud, insurance fraud, corporate fraud, mail and wire fraud, embezzlement, tax fraud, credit card fraud, and money laundering. Typically, white-collar crimes are nonviolent and carried out in a corporate setting. The term "white collar" describes the work done by suit-and-tie workers in an office. It is different from other jobs that require physical labor.

What are White Collar Crime Punishments in Dallas, Texas?

White-collar crime punishments in Dallas vary and depend on several factors involved in the actual crime. Some of the factors include:

• The type of crime that was committed
• The value of money or assets taken
• The accused’s criminal history
• The number of people affected by the crime
• Whether the crime was committed against an elderly person.

In Dallas, white-collar crime punishments are considered less severe when compared to street crimes such as robbery or assaults. However, both street and white-collar crime punishments are often determined by the type of crime and its severity on the victim. Examples of white-collar crime punishments in Dallas include: 

Embezzlement:

Embezzlement is also known as employee theft under Texas Penal Code, Title 7, Chapter 31. The offense occurs when an employee unlawfully appropriates money from the business or organization’s account. In compliance with Texas law, the severity of an embezzlement offense is based on the amount of money or value of assets involved. A breakdown of possible punishment for embezzlement offenses based on the amount involved:

• Less than $1,500: misdemeanor, punishable by a maximum of one year in jail
• $1,500 to $20,000: state jail felony, punishable by a maximum of two years in state jail and up to $10,000 fines
• $20,000 to $100,000: third-degree felony, punishable by two to ten years in prison and up to $10,000 fines
• $100,000 to $200,000: second-degree felony, punishable by two to twenty years in state prison and up to $10,000 fines
• More than $200,000: first-degree felony, punishable by five to 99 years in state prison and up to $10,000 fines.

Healthcare Fraud:

This type of white-collar crime arises in Dallas when an individual intentionally and fraudulently receives payment or benefit from a healthcare benefit program. As established under Texas Penal Code, Title 7, Chapter 35A, the accused may be an insurer, healthcare provider, or patient. Also, the severity of a healthcare fraud punishment depends on the amount involved. Here is a breakdown:

• Less than $100 is a Class C misdemeanor
• $100 to $750 is a Class B misdemeanor
• $750 to $2,500 is a Class A misdemeanor
• $2,500 to $30,000 is a state jail felony
• $30,000 to $150,000 is a third-degree felony
• $150,000 to $300,000 is a second-degree felony
• More than $300,000 is a first-degree felony.

Identity Theft:

Under sec 32.51 of the Texas Penal Code Title 7 Chapter 32, an individual commits an offense if they obtain, possess, transfer, or use another person's identification information without the owner's consent with the intent to harm or commit fraud. Examples of such information include but are not limited to name, date of birth, social security number, or fingerprint. The punishment for this type of white-collar crime depends on the number of times the accused used the victim's identity. Here is a breakdown:

• Less than five times is a state jail felony
• Five to ten times is a third-degree felony
• Ten to 50 times is a second-degree felony
• More than 50 times is a first-degree felony.

Money Laundering:

Per sec 34.02 of the Texas Penal Code Title 7 Chapter 34, a person commits a money laundering offense when they intentionally acquire, possess, transfer, transport, or conceal the proceeds of criminal activity. It also includes investing in, supervising, facilitating, or financing the proceeds of criminal activity. A money-laundering white collar crime offense is subject to different punishment depending on the factors involved:

• $2,500 to $30,000 is a state jail felony
• $30,000 to $150,000 is a third-degree felony
• $150,000 to $300,000 is a second-degree felony
• More than $300,000 is a first-degree felony.

Credit Card Fraud:

An individual commits credit or debit card fraud if they knowingly present or use the credit or debit card of another person to benefit fraudulently. The use of an expired or fictitious card is also a white-collar crime as established under sec 32.31 of the Texas Penal Code Title 7 Chapter 32. The severity of punishment applicable for a credit or debit card fraud depends on how many times the accused uses the card:

• Less than five times is a state jail felony
• Five to ten times is a third-degree felony
• Ten to 50 times is a second-degree felony
• More than 50 times is a first-degree felony.

Insurance Fraud:

In Dallas, a person commits insurance fraud if they intentionally provide false information or claim with the intent to defraud or deceive an insurer. In compliance with sec 35.02 of the Texas Penal Code Title 7 Chapter 35, the punishment for this type of white-collar crime depends on the amount of money involved:

• Less than $100 is a Class C misdemeanor
• $100 to $750 is a Class B misdemeanor
• $750 to $2,500 is a Class A misdemeanor
• $2,500 to $30,000 is a state jail felony
• $30,000 to $150,000 is a third-degree felony
• $150,000 to $300,000 is a second-degree felony
• More than $300,000 is a first-degree felony.

What does a White Collar Crime Lawyer do in Dallas, Texas?

An experienced white-collar crime lawyer in Dallas performs various roles such as representing and advising the accused on the best ways to build a defense for their case. Some of the techniques a Dallas white collar crime attorney can use to win a white-collar crime case include:

• Entrapment: Entrapment is arguably the most common white collar crime defense. It is a situation whereby a white collar crime attorney proves that the defendant was induced into committing the offense. Most times, law enforcement agents set up sting operations to apprehend a suspected person or group red-handed. An expert white collar crime lawyer must show that the actions of the law enforcement agents influenced the defendant’s actions.
• Lack of Intent: In line with Texas law, an individual can only be charged with a white-collar crime if they knowingly or intentionally commit the offense. An experienced white collar crime lawyer must provide evidence that the defendant's actions were a mistake with no intention to commit a crime.
• Incapacity: This is a white collar crime defense that shows the defendant is unable to understand the nature of the alleged crime due to mental or physical incapacity. 
• Intoxication: A white collar crime attorney can build a defense that the defendant was not in full control of their actions due to intoxication. In such cases, a defendant may face lesser charges or sentences once this is established.

What is the FCPA in Dallas, Texas?

FCPA stands for Foreign Corrupt Practices Act. In line with the United States Code Title 15, Chapter 2B, individuals and organizations are prohibited from making offers, payments, promises to pay, or promises to give anything of value that will influence or induce a foreign official to obtain business or government favors. A "foreign official" as used in the Act describes any employee of a foreign government, department, agency, or an individual acting in an official capacity for any foreign government, department, or agency.

The FCPA covers the book and records and anti-bribery provisions. The book and records provision mandates individuals and organizations to maintain accurate and transparent accounts. Such practice ensures individuals and organizations do not hide corrupt payments in their books or records. Meanwhile, the anti-bribery provision allows the FCPA to regulate the conduct of publicly listed organizations in the United States. The Securities Exchange Commission and Department of Justice handle cases of businesses that violate FCPA in Dallas.

How to Find a White Collar Crime Lawyer in Dallas, Texas

Interested persons can find a white-collar crime lawyer in Dallas using the following tips:

• Ask for Referrals: Often than not, getting referrals from colleagues, friends, and family is one of the best ways of finding a white-collar crime attorney in Dallas. The recommendations and reviews obtainable can inform the decision-making process of choosing a white collar crime lawyer. 
• Search Online: Interested individuals can search for white-collar crime lawyers online. For instance, the Texas Bar Association provides access to lawyers within the state. Also, the Dallas Bar Association maintains and provides access to a Lawyer Referral Service portal that enables members of the public to find Dallas white collar crime lawyers.  
• Look out for case-specific expert lawyers: Individuals looking to hire a white-collar crime attorney must ensure such a person has worked on similar cases. There are several Dallas white-collar crime lawyers that represent individuals, businesses, and the government. Therefore, interested persons must examine how similar cases were handled or won.
• Discuss Term of Service: The term of service, service charge, and payment structure is vital in finding a white-collar crime lawyer in Dallas. For instance, some lawyers may charge hourly rates while others charge for the duration of the case. In addition, interested persons must consider the services obtainable and the payment structure.