Practice Areas
White-Collar Crime Defense
White-collar crime is an umbrella term that includes various financial crimes, such as insider trading, embezzlement, money laundering, tax evasion, and insurance fraud. If you have been charged with one of these offenses or another financial or business-related crime, you should be aware of your legal rights.
Experienced Houston white-collar crime defense lawyer Amanda Skillern defends her clients against a variety of white-collar crime offenses. She is prepared to analyze your case, construct a sound defense strategy, and represent you through each step of the legal process. Call the Law Office of Amanda Skillern, PLLC, today at 346-291-0432 to discuss your white-collar crime case in a free consultation.
Types of White Collar Crime
The Federal Bureau of Investigations (FBI) defines white-collar crime as various types of fraud committed by business and government professionals. At the Law Office of Amanda Skillern, PLLC, we offer legal defense for all types of white-collar crimes. Here are some of the most common cases our Houston white-collar crime defense lawyers handle.
Fraud Offenses
Fraud is one of the most common types of white-collar crimes, and there are various forms of fraud. Some of the most common types of fraud cases our lawyers see include:
Securities Fraud
Securities fraud involves the deceptive manipulation of financial markets for personal gain, often through false or misleading information provided to investors. Common examples include insider trading, Ponzi schemes, and accounting fraud.
Effective defense against securities fraud charges requires a thorough understanding of securities laws and financial regulations. If you are facing securities fraud charges in Houston, you should consider speaking with an experienced securities fraud defense lawyer who understands these laws and regulations and how to build a strong defense against the charges.
Healthcare Fraud
Healthcare fraud involves deceptive practices aimed at defrauding healthcare benefit programs or insurance providers. Common tactics include false billing, kickbacks, or unnecessary medical procedures. An effective defense against healthcare fraud charges requires a comprehensive understanding of healthcare laws, insurance laws, billing practices, and regulatory requirements.
Mortgage Fraud
Mortgage fraud involves the misrepresentation or omission of information during the mortgage lending process. Mortgage fraud can take various forms, such as loan application fraud, appraisal fraud, and foreclosure rescue scams.
Effectively defending against mortgage fraud allegations requires a detailed understanding of mortgage laws, lending practices, and real estate transactions. Individuals and entities facing mortgage fraud charges in Houston should seek an experienced white-collar crime defense lawyer who can guide them through the legal process, challenge the prosecution’s evidence, and protect their legal rights.
Embezzlement
Embezzlement is the misappropriation of funds or assets entrusted to one’s care. Instances of embezzlement often occur within corporate or organizational settings. In Houston, cases of embezzlement vary in scale and complexity, ranging from employees diverting company funds for personal expenses to executives orchestrating elaborate schemes to embezzle millions of dollars.
Embezzlement cases often involve complex financial transactions and evidentiary issues. If you are facing embezzlement charges, you will likely need legal guidance from a criminal defense attorney who is well-versed in white-collar criminal law.
Money Laundering
Money laundering is the process of concealing the origins of illegally obtained funds to make them appear legitimate. Common money laundering tactics include the use of shell companies, real estate transactions, or digital currencies to launder illicit proceeds. Individuals and businesses accused of money laundering in Houston face serious legal consequences and should seek legal representation from an experienced Houston white-collar crime defense lawyer.
Insider Trading
Accusations of insider trading can have major consequences for individuals involved in Huoston’s financial sector. Given the city’s prominence in energy and commodities markets, insider trading allegations are a common concern for professionals in these industries. To mount a strong defense against such charges, those facing insider trading allegations should seek legal guidance from a skilled Houston white-collar criminal defense lawyer.
Insider trading cases often hinge on complex financial transactions and regulatory compliance issues. A knowledgeable defense lawyer can carefully analyze the evidence, challenge the prosecution’s case, and develop a defense strategy designed to achieve the best possible outcome for the client.
The Legal Process for White Collar Crimes in Houston
If you are facing white-collar crime charges in Houston, you may be wondering how the legal process will play out. Your Houston white-collar criminal defense lawyer can guide you through each of the following steps of the legal process.
Investigation Phase
During the investigation, law enforcement agencies like local police departments, the FBI, or the SEC, may gather evidence and build a case against the accused. In Texas, individuals and businesses may find themselves under scrutiny by federal or state authorities. Investigators may examine financial records, conduct interviews, and analyze digital evidence during this stage.
Charges and Indictments
Once the investigation is complete, prosecutors may file charges and seek indictments against the accused. In Texas, white-collar crime charges can be brought at both the federal and state levels, depending on the nature and scope of the alleged crimes. Grand jury proceedings may be convened to determine whether there is sufficient evidence to proceed with formal charges.
Pretrial Motions and Hearings
Leading up to the trial, various pretrial motions and hearings may take place. Defense attorneys and prosecutors will argue legal issues and procedural matters before the court. Bail and bond hearings may occur to determine whether the accused will remain in custody or be released pending trial. In addition, the discovery process allows both sides to exchange relevant information and evidence, laying the groundwork for the trial proceedings.
Trial Proceedings
During the trial, the prosecution presents its case against the accused, including their evidence and witness testimony. Defense attorneys have the opportunity to cross-examine witnesses, present evidence, and argue legal defenses on behalf of their clients. White-collar crime trials can be complex and lengthy and require skilled legal representation to effectively challenge the prosecution’s case.
Common Defense Strategies to White Collar Charges
At the Law Office of Amanda Skillern, PLLC, our experienced Houston white-collar crime defense lawyers can analyze your case and help you develop a sound defense strategy based on the facts.
Challenging Evidence
One of the first things your criminal defense lawyer will do is analyze the evidence against you and search for grounds to dispute this evidence. Some common defense strategies for challenging evidence in white-collar crime cases include:
Lack of Intent
One common defense strategy is to challenge the prosecution’s assertion of criminal intent. Providing evidence that the accused lacked the intent to commit the alleged offense can potentially weaken the prosecution’s case and cast doubt on the validity of the charges.
Invalid Search and Seizure
Another common criminal defense tactic involves challenging the legality of the search and seizure conducted by law enforcement. If evidence was obtained through an invalid search warrant or in violation of the accused’s constitutional rights, it may be deemed inadmissible in court.
Entrapment
Claiming entrapment involves arguing that the accused was induced or coerced by law enforcement into committing the alleged offense. If your lawyer can demonstrate that you would not have engaged in criminal conduct if not for the actions of law enforcement, the court may have reason to doubt the legitimacy of the charges.
Negotiating Plea Bargains
In some cases, negotiating a plea bargain with the prosecution may offer a viable option for resolving white-collar crime allegations. In a plea bargain, the defendant agrees to plead guilty to lesser charges or cooperates with the prosecution in exchange for reduced sentencing or dropped charges. Depending on the case, this may allow the defendant to secure a more favorable outcome than they would through a trial.
Presenting Mitigating Factors
Certain circumstances may be used to argue for a more lenient sentence. For instance, factors like a lack of prior criminal history, remorse, cooperation with authorities, or extenuating personal circumstances could be used to seek a more favorable outcome.
Seeking Alternative Resolutions
Alternative resolutions like diversion programs or deferred prosecution agreements can provide defendants with opportunities to address underlying issues without the stigma or consequences of a criminal conviction. In some cases, the judge may allow the defendant to avoid formal prosecution through such resolutions and mitigate the long-term impact of a conviction on their life and career.
Consequences of White Collar Crime Convictions
A conviction for a white-collar crime can result in severe and long-lasting legal, financial, and personal consequences.
Criminal Penalties
If you are convicted of a white-collar crime in Texas, you may face significant fines, jail time, or both. The key factor in determining whether to charge as a misdemeanor or felony is the amount of money involved in the crime. If the amount alleged to have been stolen or embezzled is over $1,500, a felony charge will be filed. For a misdemeanor conviction, you may be fined between $500 and $4,000 and may face up to one year in prison.
The penalties for a felony conviction vary depending on the amount of money involved in the crime:
- $1,500-$20,000 – A state jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000.
- $20,000-$100,000 – A third-degree felony punishable by 2-10 years in prison and up to $10,000 in fines.
- $100,000-$200,000 – A second-degree felony punishable by 2-20 years in prison and up to $10,000 in fines.
- $200,000+ – A first-degree felony punishable by 5-99 years or Life in prison and up to $10,000 in fines.
It is important to note that these are only the state-level penalties assessed in Texas. Many white-collar crime cases also involve federal charges, which are subject to the federal sentencing guidelines set forth by the United States Sentencing Commission.
Civil Penalties
In addition to criminal penalties, white-collar crimes also often result in civil liabilities, including lawsuits and monetary damages. Victims of financial fraud or other financial crimes may pursue civil litigation to recover financial losses or seek compensation for damages caused by the defendant’s actions.
The government may also file a civil action against the defendant. Such actions typically involve disgorgement, which requires the defendant to pay back any profits made from the crime, restitution or repayment, and other damages. The government may also pursue civil asset forfeiture of anything purchased with proceeds from the offense.
Professional Reputation Damage
A conviction for a white-collar crime may tarnish an individual’s reputation and credibility within their industry. Individuals and businesses convicted of financial misconduct may struggle to continue operating due to a loss of trust.
Long-Term Effects on Career and Finances
The long-term effects of a white-collar crime conviction can be devastating for individuals and businesses alike. Beyond the immediate legal and financial consequences, a criminal record can hinder future employment opportunities, professional advancement, and financial stability.
Learn More From a Houston White Collar Crime Defense Lawyer
Have you been charged with a white-collar crime in Texas, such as fraud, embezzlement, or money laundering? At the Law Office of Amanda Skillern, PLLC, we represent defendants in all types of white-collar crime cases. We are prepared to help you protect your legal rights and work towards securing the best possible outcome based on the circumstances of your case.
To learn more about your legal options after being charged with a white-collar crime, contact our Houston white-collar crime defense lawyers at 346-291-0432.
