What is White Collar Crime in Austin, Texas?

A white collar crime in Austin consists of different frauds committed by business and government professionals. Often than not, white collar crimes are financially motivated and are due to deceit, violation of trust, or concealment. In addition, the term ‘white collar’ describes the various jobs or work done by ‘suit-and-tie’ workers. Examples of Austin white collar crimes include but are not limited to health care fraud, insurance fraud, corporate fraud, mail and wire fraud, embezzlement, tax fraud, credit card fraud, and money laundering.

What are White Collar Crime Punishments in Austin, Texas?

White collar crime punishments in Austin are determined by several factors such as:

• The type of offense committed
• The criminal history of the defendant
• The value of assets or money stolen
• The number of people affected by the offense
• If the offense was against an elderly citizen.

Generally, white collar crime punishments in Austin are perceived as less severe than street crimes such as assaults, rape, or robbery. Nevertheless, white collar and street crime punishments share similarities as both are often decided based on the type of crime and its impact on the victim. Some of the white collar crimes and punishments in Austin include: 

Embezzlement

Embezzlement is a white collar crime that occurs when an employee unlawfully takes a company’s money for personal gains. Texas Penal Code, Title7, Chapter 31 also describes this type of white collar crime as employee theft. As established in Chapter 31, the punishments for an embezzlement offense are determined by the value of assets or money taken. Here is a punishment breakdown for an embezzlement offense:

• Less than $1,500 is a misdemeanor
• $1,500 to $20,000 is a state jail felony
• $20,000 to $100,000 is a third-degree felony
• $100,000 to $200,000 is a second-degree felony
• More than $200,000 is a first-degree felony.

Healthcare Fraud

Healthcare fraud is a white collar crime that occurs when a person knowingly and fraudulently benefits from a healthcare program. The offenders of this type of offense, as established under Texas Penal Code, Title 7, Chapter 35A, are usually patients, healthcare providers, or insurers. Similar to employee theft, the severity of healthcare fraud punishments depends on the amount:

• 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

This type of white collar crime occurs if an individual obtains, possesses, transfers, or uses a piece of identification information that is not theirs without the owner’s consent and with the intent to commit fraud. Names, social security numbers, date of birth, and fingerprints are examples of identification information. In line with sec 32.51 of the Texas Penal Code Title 7 Chapter 32, the punishment for identity theft is based on how many times the identity was used:

• 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

Per sec 35.02 of the Texas Penal Code Title 7 Chapter 35, insurance fraud occurs when an individual knowingly gives false information or makes a claim to defraud or deceive an insurer. Similar to other types of white collar crimes, the punishment for insurance fraud depends on the amount 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.

Money Laundering

According to sec 34.02 of the Texas Penal Code Title 7 Chapter 34, an individual commits an offense if they knowingly possess, acquire, transfer, or hide the gains of fraudulent activity. Furthermore, a money laundering offense may include supervising, investing, facilitating, or financing the proceeds of fraudulent activity. The punishment for this type of offense includes:

• $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

Under sec 32.31 of the Texas Penal Code Title 7 Chapter 32, an individual commits an offense if they intentionally present or use another person’s credit or debit card to benefit fraudulently. Credit card fraud includes the use of fictitious cards. The number of times the credit or debit card is used determines the severity of the punishment:

• 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.

What Does a White Collar Crime Lawyer do in Austin, Texas?

In Austin, a white collar crime lawyer is a professional that represents and advises an accused during a white collar crime case. Some of the duties of a white collar crime attorney in Austin include:

• Entrapment: Entrapment is a common white collar crime defense that allows an attorney to prove the accused was influenced into committing the crime. This type of defense applies in most cases whereby law enforcement agents set up operations to catch suspected individuals or groups. A top white collar crime attorney must provide evidence of how law enforcement agents induced the accused into committing the offense.
• Lack of Intent: Per Texas law, an individual must intentionally or knowingly commit an offense before they can be charged for committing a white collar crime. A top white collar crime attorney must build a defense that shows the accused’s actions were a mistake with no intention to commit a white collar crime.
• Intoxication: Intoxication is another way an attorney may defend an accused during a white collar crime case. In such a situation, the white collar crime attorney must provide evidence that proves the accused was not in full control of their body. Once established, an accused may face lesser charges or sentences.
• Incapacity: Under this type of defense, a white collar crime lawyer proves that the client cannot understand the nature of the alleged crime because of their physical or mental incapacity.

What is the FCPA in Austin, Texas?

The term ‘FCPA’ refers to the Foreign Corrupt Practices Act. According to the United States Code Title 15 Chapter 2B, individuals or business entities are not allowed to make offers, promise to pay, pay, or promise to deliver anything of value to influence or encourage a foreign official to grant business or government favors. In line with the Act, a foreign official is an employee of a foreign government, department, agency, or anyone acting in an official capacity for any foreign government, department, or agency.

The Foreign Corrupt Practices Act consists of the book and records and anti-bribery provisions. As established in the book and records provision, individuals and business entities must keep complete and transparent records or accounts. The provision makes it difficult for parties involved to hide corrupt payments or transactions in their books and records. Meanwhile, the FCPA’s anti-bribery provision ensures the conduct of publicly traded businesses in the United States is checked. Per Texas law, the Securities Exchange Commission and the Department of Justice are responsible for cases that involve violation of the Foreign Corrupt Practices Act in Austin.

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

There are several ways to find the best white collar crime attorneys in Austin, Texas. Some of these ways include:

• Asking for Recommendations or Referrals: In most situations, friends, family, and colleagues provide the best white collar crime attorney recommendation in Austin based on their experience of working together. Interested persons can use the information gathered to decide if an attorney is a right fit for their case.
• Searching Online Directories: Individuals who wish to find white collar crime lawyers in Austin can search online. For instance, interested persons can use the Texas Bar Association website to access lawyer information in the state. In addition, the Austin Bar Association provides an online directory for lawyers within its jurisdiction. Interested persons can search the Austin lawyer directory based on the type of case.
• Looking Out for Case-Specific Expert Attorneys: Another way to find white collar crime lawyers in Austin is to seek those with similar experiences to their case. Looking out for case-specific expert white collar crime attorneys allows interested persons to filter the long list of Austin white collar crime attorneys. Some of the questions to ask an attorney include the number of similar cases worked on and won. 
• Discussing Payment Methods and Term of Service: The cost of hiring a white collar crime lawyer in Austin is a factor to consider. Interested persons must discuss the payment method and the term of service of the attorney. In some cases, Austin white collar crime attorneys charge hourly rates. Meanwhile, some may prefer to charge for the entire duration of the case.