What is White Collar Crimes in Fort Worth, Texas?

White-collar crimes constitute a broad category of non-violent financial crimes committed at the business, government, or corporate levels. In Fort Worth, Texas, white-collar crimes involve business operations and finances, as opposed to street crimes which are characterized by some level of or threat of violence. White-collar crimes are committed without violence but by manipulating documents, data, or assets.

In Fort Worth, white-collar crimes can be prosecuted under either state or federal law. Because Texas and the United States Government are separate entities, an offender may also face prosecution under both jurisdictions at the same time. Federal white-collar criminal cases are considered far more severe than state white-collar criminal cases because federal agencies that handle such cases have  more resources at their disposal than state agencies. Furthermore, federal cases' penalties are generally far harsher than state cases.

Common white collar crimes prosecuted in Fort Worth, Texas, include:

• Corporate Fraud

This white-collar crime involves the intentional misrepresentation of a company's financial information. For example, a person could be charged with corporate fraud if they falsify financial data or devise strategies to make a company appear more profitable than it is.

• Tax Evasion

This white-collar crime involves the intentional and illegal evasion of a tax obligation by individuals or businesses. In addition to failing to file or pay taxes due, acts of tax evasion can also include falsifying financial information or illegally transferring property for tax-related purposes.

• Money laundering (laundering of monetary instruments) 

Money laundering white-collar crime involves the concealment of funds obtained through illegal means. This usually involves more than just secret bank accounts. It also includes buying or selling assets to make it look like the money came from a legal source. Under the Money Laundering Control Act of 1986, this offense is charged as a federal crime with severe penalties.

• Embezzlement

This type of white-collar crime occurs when an individual or group illegally and covertly steals money from a company or organization. It involves the theft or misappropriation of funds entrusted to someone associated with a company or organization. Embezzlement may involve misusing company funds to pay for personal expenses such as vacations and rent. It could also involve more complex processes such as taking money from a company by falsifying income and expense reports for personal gain.

Embezzlement is a serious crime in Texas, and it does not have to involve large sums of money to be considered a crime. Depending on the circumstances, embezzlement may be prosecuted as a state or federal crime. Embezzlement can be tried under federal law when it involves the theft of public money or property, theft by government personnel, or theft of funds from a bank or financial organization.

• Healthcare fraud

Healthcare fraud is a type of white-collar crime that includes various criminal activities. It is often committed by those working in the healthcare industry and those attempting to manipulate the healthcare system. For instance, a physician commits healthcare fraud by intentionally billing insurance provider for false services. Similarly, a patient who uses a false identity to obtain coverage under someone else's insurance policy commits healthcare fraud.

• Insider trading

This white-collar crime entails stock market trading using information not generally available to the public. For instance, if an employee of a company is aware that a forthcoming earnings report will cause its stock to fall and the individual sells a large portion of their shares before the news becomes public, this is considered insider trading.

• Wage theft

This white-collar crime occurs when employees do not receive the contractually agreed wages. Wage Theft can include not being compensated for work hours and overtime or not receiving a final paycheck upon leaving a corporation. Employers must pay their employees precisely as agreed in their employment contract, and any breach of this agreement constitutes wage theft.

• Ponzi scheme

This type of white-collar crime is a complex type of investment fraud. It occurs when the person or group running an investment fund promises initial investors considerable returns in exchange for money from subsequent investments. Overall, it is a financial scam that includes the distribution of supposed or reported "returns on investment" to investors from monies that new investors have put in in order to generate profits.

Other white-collar crimes may include insurance fraud, security fraud, mortgage fraud, tampering with government records, elder financial fraud, etc.

Victims of identity theft or fraud crimes in the city may immediately report the crime to Fort Worth Police Department via the Online Police Reporting System. In addition, scammers in Tarrant County, including Fort Worth, prey on the elderly population. Elder financial fraud involves the illegal or inappropriate use of a senior's finances or property. In response,  the Tarrant County District Attorney's Office established an elder financial fraud unit in 2017. The unit, over seven months, handled more than 120 cases, leading to 50 indictments and the discovery of $260,000 in missing cash and other property.

What are White Collar Crime Punishments in Fort Worth, Texas?

Texas Penal Code 32.21 governs the prosecution of white-collar crimes committed in Fort Worth. Although white-collar crimes are non-violent, the penalties attached can be severe. This is because white-collar crimes have a negative impact on the economic well-being of the individuals, businesses, or government involved. 

White-collar crimes are charged and punished based on the amount of money lost or the number of people who were harmed in the scheme. As such, they are generally charged as misdemeanors or felonies.

Felony white-collar offenses

If the amount of money stolen or embezzled in a white-collar crime exceeds $1,500, the crime is classified as a felony white-collar offense. Felony white collar charges and their associated punishments include the following:

• Theft ranging from $1,500 to $20,000 is deemed a state jail felony. Crimes in this category are punishable by imprisonment ranging from 180 days to jail and a maximum fine of $10,000.
• Theft of between $20,000 and $100,000 is deemed a third-degree felony. Crimes in this category are punishable by imprisonment from two to ten years in prison and a maximum fine of $10,000.
• Theft of $100,000 to $200,000 is deemed a second-degree felony. Under Texas law, the associated penalties range from 2 to 20 years in prison and a maximum fine of $10,000.
• Theft of more than $200,000 is considered a first-degree felony. The associated punishments range from 5 to 99 years in prison and a maximum fine of $10,000.

Misdemeanor white-collar offenses

These white-collar crimes are less severe than felonies. A misdemeanor white collar crime conviction in Texas can result in fines ranging from $500 to $4,000, a prison sentence of up to 1 year, or a combination of both penalties.

A white-collar crime involving theft of less than $50 is classified as a Class C misdemeanor. It is punishable by a fine of up to $500 with no jail time. If the stolen funds are worth between $50 and $500, the crime is deemed a Class B misdemeanor. Possible penalties include a fine of up to $2,000 and a prison sentence of up to 180 days, or a combination of both. If the amount stolen is worth between $500 and $1,500, the crime is classified as a Class A misdemeanor. These associated penalties include a maximum fine of $4,000, a jail sentence of up to 1 year, or a combination of both.

Restitution of stolen funds, forfeiture of any assets obtained with stolen funds, and civil penalties can also be imposed as punishment. It is important to note that an accused person may be subjected to more severe penalties if:

• The individual has a previous conviction
• The individual caused harm to many people
• The individual took advantage of an elderly person
• The individual stole a significant amount of money.

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

White-collar crime attorneys advise and defend entities (individuals or organizations) subject to white-collar criminal investigations or allegations. Being accused of or arrested for a white-collar crime is a serious matter; therefore, defendants are urged to retain the services of competent Fort Worth white-collar crime attorneys to defend and protect their rights.

A defense attorney can conduct a thorough evaluation and investigation of the alleged crime. Through such in-depth evaluation, the attorney can determine the strength of the prosecution's case and the admissibility and credibility of the supporting evidence. Additionally, an attorney's job includes looking out for their client's best interests by representing them throughout the court processes. This may involve asserting legal defenses to avoid the defendant's conviction and achieve a favorable outcome.

Examples of legal defenses include:

• Coercion

The attorney could establish with corroborating evidence that the accused committed the crime under duress. This implies that someone forced them to commit the crime. For instance, if someone threatens another that they must commit a crime or their family will suffer if they refuse; this is coercion, and it constitutes a valid defense.

• Entrapment:

The defense attorney may assert entrapment defense by proving that the law enforcement officials that apprehended the defendant persuaded the accused to commit the crime, which they would not have done otherwise.

Entrapment is similar to coercion, but the defendant is coerced by a law enforcement official in this case. When claiming entrapment as a defense, the defendant must show that they would not have committed the crime if the government official had not influenced them.

• Incapacity

A defense attorney may establish that the accused could not commit the crime because of mental or physical reasons.

• Intoxication

The defense attorney may demonstrate that the accused was intoxicated due to alcohol or other drugs. This defense may reduce, if not wholly eliminate, the severity of the claim brought against the accused.

• Lack of intent

In a white-collar crime, the prosecution must prove beyond reasonable doubt that the act in question was, in fact, unlawful and that the defendant had the intent to commit the act. The defendant may have made a mistake in some cases and may not have benefited financially from the act. In such cases, if the prosecution cannot establish that the defendant had the intent to commit a crime for monetary benefit, the case may be dismissed.

• Lack of knowledge

This defense claims that the defendant did not know that their actions constituted a crime. This defense may apply in cases where several parties were involved in the criminal act, and the defendant was only a participant who was unaware that a crime was being committed.

What is the FCPA in Fort Worth, Texas?

The Foreign Corrupt Practices Act (FCPA) was passed in 1977 to reduce widespread bribery of political officials by U.S. corporations. The FCPA is intended to prevent businesses, officials, and individuals from influencing government personnel and their decisions.

The FCPA contains two major provisions:

• An anti-bribery provision prohibits a U.S. company or citizen and certain foreign securities issuers from corruptly paying a foreign official to obtain or retain business.
• An accounting provision mandates companies with securities listed on U.S. stock exchanges to document all their transactions. It also ensures such companies design or maintain an adequate system of internal accounting controls.

In Fort Worth, Texas, and throughout the country, violating this act is a crime. Violating FCPA provisions has criminal and civil penalties. Criminal penalties include hefty fines in the millions of dollars and incarceration.

Criminal penalties

The Department of Justice(DOJ) is in charge of criminal prosecutions for FCPA violations. Each violation of the anti-bribery provision under the FCPA carries a fine of up to $2 million for corporations and businesses. Private individuals that violate these provisions face a lesser, but still substantial, fine and the possibility of incarceration. The penalty for such violation by company directors, officers, or stockholders includes a fine of up to $100,000 and up to 5 years in prison.

Accounting provision violations are also subject to stiff penalties. The maximum fine for each violation is $25 million for corporations or other business entities and up to $5 million for private individuals. Individuals may also face up to 20 years in prison for each offense. Under the Alternative Fines Act, the court may increase FCPA-mandated fines up to twice the amount the offender stood to gain through their illicit financial transaction. This law applies if the fine increase is backed by evidence and the offender pleads or is proven guilty beyond a reasonable doubt.

Civil penalties

As of January 15, 2022, the maximum penalty for a civil violation of the anti-bribery provision is $23,011. Companies that violate the accounting requirements of the FCPA will incur civil fines ranging from $103,591 to $1,035,909 per violation. Individuals who violate the law will incur civil penalties between $10,360 and $207,183 for each infringement.

How to Find a White Collar Crime Lawyer in Fort Worth, Texas

Interested parties can find white collar crimes lawyers by doing the following:

• Searching the state or local bar associations: The bar association is a legal professional group. The State Bar of Texas is an entity that supports the Texas Supreme Court in supervising all attorneys licensed to practice law in Texas. The organization maintains a comprehensive list of all licensed lawyers in the state, their locations, and areas of specialization. Entities seeking legal counsel can utilize the website's Find a lawyer tool to locate white-collar criminal lawyers. Inquirers can look up attorneys by name, area of expertise, law firm, etc.
• Referrals from friends or coworkers: An interested party may also ask acquaintances that have previously hired a white-collar attorney, especially for a comparable offense. The interested party can then get the attorney's details and inquire about their satisfaction with the attorney's representation.
• Investigate white-collar crime attorneys using the Internet: The Internet may be a valuable and practical resource for locating white-collar criminal attorneys. However, because online searches are likely to provide a large number of results, it is critical to review the results thoroughly and examine statements of their experience, cases handled, and courts in which they have appeared.
• Public defenders: When a defendant cannot afford legal representation, the court appoints an attorney to represent them. Public defenders are defense attorneys who work for the government, and they represent people who cannot afford private counsel.