What is White Collar Crime in San Antonio, Texas?

White collar crimes refer to the various financially-motivated non-violent crimes committed by business and government professionals. Examples of white collar crimes in San Antonio include money laundering, credit card fraud, healthcare fraud, corporate fraud, mail and wire fraud, embezzlement, tax fraud, and insurance fraud. These types of crimes are known as ‘white collar’ crimes because they are committed by ‘suit-and-tie’ workers. Unlike other crimes that do not require a corporate setting or environment.

What are White Collar Crime Punishments in San Antonio, Texas?

White collar crime punishments in San Antonio are sometimes severe as that of street crimes. Despite the non-violent nature of white collar crimes, the negative impact on the victims can last forever. The punishment for white collar crimes in San Antonio depends on various factors such as:

• The number of people harmed as a result of the crime
• The type of crime committed
• The criminal history information of the accused
• The amount of money or value of assets lost as a result of the crime
• If the crime was targeted at an older citizen.

As established under Texas laws, some of the white collar crimes and punishments include:

Embezzlement:

Embezzlement is a white collar crime whereby an employee steals money from an organization for personal gains or benefits. Employee theft is another term for this type of white collar crime under the Texas Penal Code, Title 7, Chapter 31. In line with the chapter, the penalties for embezzlement are determined by the number of assets or money taken. The following is a list of the penalties for embezzlement:

• The accused is charged with a misdemeanor if the amount is less than $1,500
• The accused is charged with a state jail felony if the amount is between $1,500 to $20,000
• The accused is charged with a third-degree felony if the amount is between $20,000 to $100,000
• The accused is charged with a second-degree felony if the amount is between $100,000 to $200,000
• The accused is charged with a first-degree felony if the amount is more than $200,000.

Healthcare Fraud:

Healthcare fraud is a type of white collar crime in which a person intentionally benefits from a healthcare program fraudulently. Patients, healthcare professionals, and insurers are often offenders of this sort of crime. As established in Texas Penal Code, Title 7, Chapter 35A, the severity of healthcare fraud penalties is determined by the amount of money the accused benefits:

• The accused is charged with a Class C misdemeanor if the amount is less than $100
• The accused is charged with a Class B misdemeanor if the amount is between $100 to $750
• The accused is charged with a Class A misdemeanor if the amount is between $750 to $2,500
• The accused is charged with a state jail felony if the amount is between $2,500 to $30,000
• The accused is charged with a third-degree felony if the amount is between $30,000 to $150,000
• The accused is charged with a second-degree felony if the amount is between $150,000 to $300,000
• The accused is charged with a first-degree felony if the amount is more than $300,000.

Identity Theft:

Identity theft is another type of white collar crime whereby a person obtains, retains, transfers, or uses a piece of identification information that is not theirs without the owner's knowledge to conduct fraud. Examples of identification information that may be used include names, dates of birth, and social security numbers. According to Section 32.51 of Title 7 Chapter 32 of the Texas Penal Code, the sentence for identity theft is determined by the number of times the identity was used:

• The accused is charged with a state jail felony if the identity was used less than five times
• The accused is charged with a third-degree felony if the identity was used between five to ten times
• The accused is charged with a second-degree felony if the identity was used between ten to 50 times
• The accused is charged with a first-degree felony if the identity was used more than 50 times.

Insurance Fraud:

Insurance fraud occurs when a person deliberately provides false information or makes a false claim to defraud or deceive an insurer. According to section 35.02 of the Texas Penal Code Title 7 Chapter 35, the punishment varies depending on the amount involved: 

• The accused is charged with a Class C misdemeanor if the amount is less than $100
• The accused is charged with a Class B misdemeanor if the amount is between $100 to $750
• The accused is charged with a Class A misdemeanor if the amount is between $750 to $2,500
• The accused is charged with a state jail felony if the amount is between $2,500 to $30,000
• The accused is charged with a third-degree felony if the amount is between $30,000 to $150,000
• The accused is charged with a second-degree felony if the amount is between $150,000 to $300,000
• The accused is charged with a first-degree felony if the amount is more than $300,000.

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

White collar crime lawyers in San Antonio advise and defend individuals or organizations facing white collar crime charges. Interested parties may consider hiring a San Antonio white collar crime attorney due to the harsh and complex Texas law on white collar crimes. Some of the white collar crime defense techniques used by attorneys to secure favorable outcomes include:

• Lack of Intent:

According to Texas law, a person can only be prosecuted for a white collar crime if they knowingly commit an offense to benefit financially. The defense attorney must provide pieces of evidence that the defendant’s actions were due to mistakes with no intention to benefit financially.

• Coercion:

Another form of defense a white collar crime attorney can use is to prove the accused was forced into committing the offense. In a situation whereby the accused’s life or that of their loved one is in danger, an expert attorney can build a case to dismiss the charges.

• Entrapment:

A top white collar crime attorney can use this defense technique to prove the defendant’s actions were influenced to commit the offense. Often than not, expert white collar crime lawyers in San Antonio use entrapment in situations whereby law enforcement agents set up operations solely to apprehend suspected individuals. The attorney must prove that the defendant would not have committed the offense without the influence of the law enforcement agents.

• Incapacity:

A white collar crime lawyer must provide evidence that shows the defendant could not have committed the offense due to physical or mental incapacity.

• Intoxication:

Under this form of defense, the attorney must present proof to show the accused was not fully in control of their actions. Such actions may be due to alcohol or other substances like drugs. Furthermore, a white collar crime attorney may push for the total dismissal of the case or a reduction in punishment for the charges filed against the accused.

What is the FCPA in San Antonio, Texas?

‘FCPA’ stands for Foreign Corrupt Practices Act and was enacted in 1977 to curb the bribery of political figures by organizations. Per the United States Code Title 15 Chapter 2B, individuals or organizations are prohibited from making offers, paying, promising to pay, or delivering anything of value that may influence a foreign official to give business or government favors. A foreign official, as defined in Chapter 2B, is an employee of a foreign government, agency, or department. It may also be anyone officially acting in place of a foreign government, agency, or department.

The Foreign Corrupt Practices Act contains two major provisions: anti-bribery and book and records provisions. In compliance with the anti-bribery provisions, individuals and business entities in the United States are prohibited from making fraudulent payments to secure foreign businesses or offers. On the other hand, the book and records provisions permit law enforcement agencies to monitor the accounts of individuals and businesses to ensure a complete and transparent record. In San Antonio, the Security Exchange Commission and Department of Justice are responsible for handling cases that violate Foreign Corrupt Practices Act.

How to Find a White Collar Crime Lawyer in San Antonio, Texas

Individuals charged with white collar crimes can find white collar crime lawyers in San Antonio using some of the following tips:

• Search online directories:

Texas Bar Association and San Antonio Bar Association (SABA) are examples of online directories available to interested persons seeking white collar crime attorneys. The Texas Bar Association grants public access to registered attorneys within the state. Meanwhile, interested individuals can use the SABA Lawyer Referral Service to find the best white collar crime lawyer in San Antonio.

• Ask for recommendations or referrals:

Interested individuals can ask family members, friends, or acquaintances for referrals or recommendations on the best white collar crime attorneys in San Antonio. The recommendations or referrals may include a list of white collar crime lawyers they have worked with or heard. This process allows interested persons to gather enough information on whether or not a lawyer is the best fit for their case.

• Look for case-specific attorneys:

Another method to hire white collar crime lawyers in San Antonio is to find those who have handled similar cases. Interested persons can filter the pool of San Antonio white collar crime attorneys acquired through online searches or referrals. Although the process may be tasking, interested individuals must consider the years of experience and court appearances — including the percentage of cases lost or won.

• Discuss term of service:

San Antonio white collar crime lawyers may require full or part payment to represent an accused or defendant. The term of service, which includes payment method, is crucial to decide if a white collar crime attorney is the right fit for the case.