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White Collar Crimes

El Paso White Collar Crimes Defense Attorney

Violent crimes, drug crimes, and sex crimes are serious offenses in Texas that capture much of the media and public’s attention. Although white collar crimes often fly under the radar, fraud-related offenses are zealously prosecuted by both the state and the federal government. Contrary to public perception, they can also contain very stiff prison sentences. The Texas Attorney General, and federal agencies such as the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Internal Revenue Service, and other state and local agencies, have vast resources to investigate white-collar crimes and often work collaboratively to prosecute fraud cases. If you have been charged with a white collar crime, having aggressive, experienced legal representation is essential.

Located in El Paso, Benjamin Law Firm is a premier criminal defense practice serving clients throughout the state of Texas. Founding attorney Brock Benjamin is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a testament to his specific legal knowledge and mastery of courtroom strategy. Brock’s prior experience as a prosecutor gives him unique insights into tactics that state and federal prosecutors use in trying white collar crimes.

When you consult us, you will have confidence, knowing that fierce advocates are in your corner, fighting for your freedom and your future. More so than any other type of offense, an investigation into a white collar crime can begin innocuously with a simple request to provide documents or sit down with investigators. Whether it is a parallel investigation by your employer or an investigation by the government, however, providing information, denials or statements can harm your defense if not done with an understanding of the situation.

Schedule a case evaluation by calling our white collar crimes attorneys in El Paso at (915) 301-9028. Our firm serves clients throughout Texas and New Mexico.

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Here's What Sets Benjamin Law Firm Apart
  • Strong Legal Relationships

    Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.

  • Board-Certified Attorney

    Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.

  • Client-Centered Approach

    We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.

  • Aggressive Defense Strategy

    We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.

Bank Fraud

Bank fraud occurs when a person (1) uses illegal means to obtain money or assets from a bank or other financial institution or (2) attempts to obtain money from a bank’s depositors by falsely pretending to be a bank or financial institution.

Common types of bank fraud include:

  • Loan fraud: Providing false information or using forged documents (e.g. bank statements, W-2s, income tax returns) to obtain a mortgage, auto, or business loan
  • Forgery: Altering a check or other financial instrument by changing the name or the amount
  • Stolen checks: Stealing checks and opening a bank account under an assumed name to deposit the checks
  • Bank impersonation: Falsely acting as a financial institution through companies or websites to lure people into depositing funds
  • Internet fraud: Creating or using a website for the purpose of posing as a bank or other financial institution to fraudulently obtain money deposited by other people

Bank fraud is a federal crime, punishable by up to 30 years in prison, fines of up to $1 million, probation, and restitution, which makes consulting Brock Benjamin a wise choice.

Bankruptcy Fraud

Bankruptcy fraud is a federal white-collar crime that involves a debtor knowingly committing certain prohibited acts under the U.S. Bankruptcy Code, such as:

  • Concealing assets to avoid forfeiture
  • Intentionally filing false information with, or withholding information from, the bankruptcy court
  • Filing multiple bankruptcy petitions using false information, or filing accurate or false information in multiple jurisdictions
  • Attempting to bribe a court-appointed bankruptcy trustee

Most bankruptcy fraud cases involve the concealment of assets, whether by failing to disclose assets to the trustee or transferring undisclosed assets to relatives, friends or business associates, known as fraudulent conveyance. The maximum penalties for bankruptcy fraud are up to 5 years in federal prison and/or a $250,000 fine. Benjamin Law Firm represents individuals and businesses against bankruptcy fraud charges in Texas.

Credit Card Fraud

Credit card fraud is considered a form of identity theft, a white collar crime that occurs when an individual or entity:

  • Fraudulently obtains, uses, sells, buys, or forges another’s credit card, debit card, or credit information
  • Knowingly uses revoked or expired credit, or an account that lacks sufficient funds to pay for the items charged
  • Knowingly buys goods or services with a credit or debit card that was illegally obtained or using one without authorization

Depending on the severity of the offense, such as whether it was a one-time event or an ongoing pattern of behavior, a conviction for credit card fraud is punishable by up to 10 years in prison and/or fines up to $10,000.

Embezzlement

Embezzlement occurs when an individual has legal access to, but does not own, another person’s assets and uses such assets for his or her own gain. Generally, there are two elements involved (1) stealing for personal gain and (2) violating a special position of trust. Embezzlement also involves elements of fraud and can occur in a number of settings. 

In an employment setting, for instance, embezzlement may involve:

  • An employee stealing company assets
  • An officer misappropriating company funds
  • An executive underreporting assets
  • An accountant altering balance sheets or expense reports

Embezzlement can also occur if an investment professional diverts funds from a client’s account for personal gain, or family members or caretakers steal money or property from a person in their care.

In any event, the penalties for embezzlement in Texas are determined by the value of the goods, services, or cash stolen. If you have been charged with embezzlement, Benjamin Law Firm will choose the best line of defense.

Healthcare Fraud (Medicare/Medicaid fraud)

Healthcare fraud is a white collar crime that occurs when a person submits false or misleading information to a health insurer, Medicare, or Medicaid to recover payment for healthcare services. 

Examples of healthcare fraud include:

  • Billing for services that were not actually provided
  • Administering unnecessary services
  • Billing for a more costly service than the one actually performed (upcoding)
  • Billing each stage of a procedure as if it were a separate procedure (unbundling)

Because Medicare is a federal program, and the state and the federal government jointly run Medicaid, healthcare fraud can lead to both state and federal charges. 

At the federal level, healthcare fraud is governed by a variety of statutes, including:

  • False Claims Act
  • Anti-Kickback statute
  • Stark Law
  • Criminal Health Care Fraud Statute
  • The applicable healthcare fraud laws in Texas include:
  • The Texas Patient Solicitation Act
  • Texas False Claims Act
  • Texas Medicaid Fraud Prevention Act

Benjamin Law Firm has a proven track record of successfully defending healthcare professionals and others against healthcare fraud charges in both state and federal court.

Identity Theft

Generally, identity theft is a form of white-collar crime that occurs when a party uses another individual’s personal identifying information (e.g. name, Social Security number, or credit or debit card information) without permission for personal gain.

Under Texas law, identity theft occurs when an individual (or entity), with the intent to harm or defraud another person, obtains, possesses, transfers, or uses:

  • Identifying information of an individual without their consent
  • A deceased person’s identifying information
  • Identifying information of an individual under the age of 18

Depending on the circumstances, identity theft can be charged as a state jail felony, felony of the third degree, felony of the second degree, or felony of the first degree.
The penalties may be elevated if the defendant has a prior felony conviction, committed identity theft against an elderly person, caused death or serious bodily injury to another person during the commission of the crime, and/or used a weapon while committing or attempting to steal another person’s identity (such as while stealing a purse). It takes a criminal defense attorney like Brock Benjamin to defend you against charges of identity theft in Texas.

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How Do RICO Statutes Apply to White Collar Crimes?

If you have been charged with a federal white collar crime, the government will avail itself of every weapon in its arsenal to gain a conviction, including bringing charges under the Racketeer Influenced and Corrupt Organizations Act (RICO).

RICO, which was initially designed to combat organized crime, prohibits racketeering activity as part of an ongoing criminal enterprise. In particular, it is unlawful for an employee or an associate of an enterprise to conduct or participate in a pattern of racketeering activity. Court rulings have vastly expanded RICO’s scope beyond organized crime, however, and a RICO enterprise can involve any partnership, corporation, individual, association, legal entity, union, or group of individuals associated in fact.

In technology-driven white collar crimes, prosecutors may also bring charges under the Patriot Act, a counter-terrorism measure that is often used in computer, internet, and cyber crimes, as well as money laundering cases. Finally, white collar crimes are also vigorously prosecuted under applicable Texas fraud statutes. In any event, a conviction for a state or federal white collar crime will result in harsh penalties, including lengthy imprisonment, fines, asset forfeiture, and restitution.

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Potential Defenses Against White Collar Crimes

Despite the fact that state and federal prosecutors have vast financial resources and high-powered attorneys at their disposal in fraud cases, Benjamin Law Firm has the knowledge, skills, and experience to level the playing field. We will take the time to explain all of your rights and mount an aggressive defense strategy.

By collaborating with a team of private investigators and other experts, we have been able to handle e-discovery or electronically stored information (“ESI”) in large quantity. We are well-equipped to handle the vast amounts of evidence (e.g. documents, data, and bank records) typically associated with fraud cases. We do this using state-of-the-art legal technology, CaseMap©, dt Search©, and other software, Brock Benjamin is familiar and has challenged the government on its production methods and other failures in defense of clients. This is vital as a defense must be able to obtain and, more importantly, be able to use and interpret the materials provided.

Our legal team will seek to uncover errors in the prosecution’s case, work to determine whether law enforcement violated any of your civil rights, such as by conducting improper surveillance tactics or failing to obtain valid search warrants from the court, and file the necessary motions to suppress any evidence that was improperly seized.

In the final analysis, the strongest line of defense in a white collar crime case is to show lack of intent. This is because government prosecutors must be able to prove beyond a reasonable doubt that you intended to commit fraud. Another valid defense is to show that you did not know, or were not not capable of knowing, you had engaged in a white collar crime. Finally, it may be possible to prove that you were coerced into committing fraud (a viable defense in forgery cases). Regardless of the fraud charges you are facing, it takes an aggressive criminal defense attorney to protect your rights and preserve your freedom.

The Experienced Choice in El Paso White Collar Crimes Defense

Benjamin Law Firm defends clients against a wide range of state and federal white collar crimes. Board Certified in Criminal Law by the Texas Board of Legal Specialization, Brock Benjamin’s prior experience as a prosecutor allows him to see a case from both sides. Backed by a powerful combination of legal knowledge and courtroom experience, our legal team knows how to successfully defend fraud charges in state and federal court.

Although we are committed to winning an acquittal, we will carefully weigh the strength of the evidence against you, and seek a reduction of the charges and a more lenient sentence when necessary. Being charged with a white collar crime in Texas is a serious matter. 

Benjamin Law Firm represents the residents of Las Cruces and El Paso who have been charged with committing white-collar crimes and are facing criminal forfeiture, imprisonment, and/or fines. 

Please contact our office at (915) 301-9028 today to set up a consultation. The sooner you call Benjamin Law Firm, the sooner our El Paso white collar crime lawyers can defend you.

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