Do you need a fraud attorney to defend your criminal charges?
If you have been charged with fraud, the potential penalty may depend upon several factors, including the conduct alleged, the amount of money or the value of the property involved, your knowledge or intent at the time of the alleged offense, and more. To make matters even more complicated, some offenses overlap one another. Speak to an experienced fraud defense lawyer at the Law Office of Nathaniel Pitoniak for an honest evaluation of your case.
Types of Fraud in Texas
The essence of any fraud case is deception or misrepresentation, but the specifics vary widely from one situation to the next. Fraud is a broad topic under the Penal Code, and fraud crimes are classified anywhere from Class C misdemeanors to first degree felonies. The most common types of fraud under Texas law are:
- Forgery. This includes altering, executing or authenticating any writing so that it appears to be the act of another person, to have been signed at a different time or in a different place, or falsely appears to be a copy of an original. The penalty will depend upon the amount of money or value of property involved.
- Trademark Counterfeiting. Typically, this is the manufacture and/or sale of products that use a trademark or other service mark that you know or reasonably should know is counterfeit. Classification and penalty depend upon value.
- Credit Card Fraud. There are two types of credit card fraud in Texas. One, called โcredit card abuse,โ is the fraudulent use of a credit card that has expired or been cancelled, or belongs to another person, with intent to obtain a benefit. Credit card abuse is a state jail felony. The other is called โcredit card transaction record laundering,โ which includes presentation by a vendor of an unauthorized credit card charge. The classification of laundering varies with the amount of money or value of property in question.
- Making False Statements to Secure Credit. Lying on a mortgage or other credit application is a crime. The classification will depend upon the amount of credit/value of property involved.
- Motor Vehicle Fraud. Transfer of a motor vehicle, with intent to defraud the owner, a lienholder or lessor, is a crime. The potential penalty will depend upon the value of the vehicle.
- Bad Checks. Issuing a bad check knowing that there are insufficient funds in the account to cover it is a Class C misdemeanor, unless the check was for a court-ordered child support payment, in which case it is a Class B misdemeanor.
- Deceptive Business Practices. This offense covers a wide variety of acts. It includes false weights and measures, misrepresentation as to the quantity of a product being sold, selling mislabeled or adulterated products, falsely representing that the item being sold is new when it is used, false advertising, and others. The classification in some cases depends upon the nature of the offense, in others by the level of culpability (criminal negligence, intentional, knowing, reckless), and in others by whether you have been previously convicted of deceptive business practices. All the offenses under this heading are misdemeanors.
- Commercial Bribery. It is a state jail felony for a fiduciary, without the consent of his beneficiary, to accept or solicit benefits to influence the fiduciaryโs conduct
- Misapplication by a trustee, executor or similar fiduciary of property entrusted to the fiduciary is a crime. The level of the offense is dictated by the amount of money or property allegedly misapplied.
- Fraudulent Use of Identifying Information.
Use, without consent, of someoneโs name, date of birth, social security number or other identifying information, with intent to defraud, is a felony. - Exploitation of Children, the Elderly and the Disabled.
Knowingly, intentionally or recklessly exploiting a child (14 years old or younger), an elderly individual (65 years old or older) or a disabled individual for money or profit is a felony of the third degree.
Offenses under the fraud laws of Texas also include insurance fraud, Medicaid fraud, stealing or receiving a stolen check, hindering secured creditors, public bid-rigging, criminal simulation, presenting a false military or educational record, and others. In addition, some of the offenses are also crimes under federal law.
Defending Fraud Charges in Houston
While there are a host of crimes under the general category of fraud, remember that you are innocent unless proven guilty beyond a reasonable double. In fact, there are numerous defenses that can be raised in fraud cases. Among them are lack of fraudulent intent, consent and, in some cases, the fact that the alleged misstatement was not material.
Whatever specific fraud charge you are facing, you need an attorney who understands the complex and extensive laws on the subject, who knows how prosecutors develop criminal cases, and who will use that knowledge to fight for your rights. Call for a consultation and find out how former prosecutor Nathaniel Pitoniak can help.
