Have you been charged with, or are you the target of an investigation into an alleged white collar crime?
These types of offenses are no longer treated with a slap on the wrist, and significant penalties may apply. Whatever the specifics of the charge may be, you will want an experienced white collar defense lawyer by your side. Call our office to speak to Nathaniel Pitoniak, a former prosecutor and experienced criminal defense lawyer.
What is the Definition of a White Collar Crime?
White-collar crimes are generally considered to be a non-violent act that involves some level of deception. The term “white-collar crime” came about in the 1930s and was meant to describe a person of higher social status who committed a crime in his or her place of employment. In the past, white-collar crimes generally left some level of “paper trail,” although today, many white-collar crimes are perpetrated with a computer. While most people think of the crime of embezzlement when they hear the term “white-collar crime,” in fact, there are many other crimes that fall under the umbrella of white-collar crime.
If you have been charged with or are the target of an investigation regarding a white-collar crime, it is important that you understand the serious nature of such charges. A conviction for a white-collar criminal offense can result in significant penalties, therefore, having an experienced white-collar defense attorney by your side is crucial to your future. When you call our office, you will speak to Nathaniel Pitoniak, a former prosecutor and experienced criminal defense attorney who has a deep understanding of white-collar criminal charges and the best defenses for those charges.
What is a White-Collar Crime?
Under the Texas Penal Code, there is no definition of what comprises a white-collar crime. While there is no specialized meaning, in general, a white-collar crime encompasses criminal acts that:
- Do not involve violence or threats of violence;
- Do not directly involve the distribution or sale of illegal drugs, and
- Are motivated by the desire for financial gain.
Examples of White Collar Crimes in Texas
White collar crimes in Texas cover a wide variety of subjects. The following are some of the more common examples of state white collar offenses:
- Money Laundering – Money laundering in Houston is often related to other crimes—including violent crimes—such as drug crimes, internet crimes, and other illegal, money-producing schemes. Any time money is acquired illegally, the process of passing the funds through commercial and/or banking transactions to conceal its origin is known as money laundering and is always a felony. The degree of felony charged will depend on the amount of money involved in the scheme. Houston appears to be a hub for money laundering, which may be related to underlying drug crimes, internet crimes, and other illegal money-producing schemes. When money is acquired illegally, for example, through the sale of illegal drugs, the process of passing the funds through commercial and/or banking transactions to conceal its origin is known as money laundering. Under section 34.02 of the Penal Code, money laundering is always a felony. The degree will depend upon the amount of money involved in the alleged scheme.
- Computer Crimes – Online scams are rampant in today’s world, and may include hacking, “phishing,” and other email scams in which personal information (names, credit card information, social security numbers, bank account info, etc.) is acquired.
- Insurance and Bank Fraud – Most all forms of fraud fall under the umbrella of white-collar crimes and generally involve a misrepresentation for the purpose of financial gain. Fraud can include mortgage fraud, bank fraud, insurance fraud, and many other types of fraud.
- Securities Fraud – Section 29 of the Texas Securities Act (2019) prohibits a person from engaging in a fraudulent practice in connections with the sale, purchase, or delivery of a security. Securities fraud is a felony and it is important to note that even giving advice as a securities advisor without being registered is against the law.
- Embezzlement – Embezzlement is the most common form of white-collar crime and usually involves an employee taking money from their employer. White-collar crimes may be prosecuted at the state or federal level and the person convicted of such a crime could spend time in jail, be hit with fines and fees, and have to deal with a criminal record when they are released from jail. A conviction for a white-collar crime can put your entire future at risk, and when your honesty and integrity are questioned you need the most experienced legal representation available.
- Identity Theft – When a person is in possession of or is found using any identifying information belonging to another person, he or she can be charged with a felony in the state of Texas. The information can be as seemingly innocuous as the person’s name, or more serious, such as a bank account number, a social security number, or a fingerprint. The degree of felony charge will depend on the number of items used or possessed.
- Bribery and Corrupt Influence – When bribery relates to public employees, voters, or political party officials, it is a felony in the second degree (when benefits to influence the decision of a public servant are offered, conferred, solicited, or accepted).
- Counterfeiting – Under Texas law, creating or using counterfeit money falls under the criminal offense of forgery, which is often a Class A misdemeanor, although specific types of forgery which include government documents or money can be a third-degree felony.
These are just some of the white collar crimes under state law in Texas. If you’re facing a similar charge, contact us to get an evaluation of your case.
Are Federal White Collar Crimes Different?
There are federal “counterpart” laws to Texas white-collar crimes, such as embezzlement, theft crimes including banks, some internet crimes, securities fraud, bank fraud, and money laundering. Other types of federal white-collar crimes include Medicaid and Medicare fraud, tax evasion, obstruction of justice, anti-trust violations, and federal currency law violations. Generally speaking, federal charges can be more serious, with more severe sentences.
What to Do If You Are Charged with a White-Collar Crime
Today, white-collar crimes are committed by people from virtually all walks of life and the term is largely meant to differentiate non-violent crimes from the more prevalent street crimes. If you have been charged with a white-collar crime in the state of Texas, it is extremely important that you refrain from speaking to the police or to other officials, or answering any questions regarding a potential investigation until you have had the chance to talk to Nathaniel Pitoniak.
Time is definitely of the essence in a situation involving white-collar criminal charges, and it pays to be represented by a highly experienced Houston white-collar criminal attorney. In many ways, white-collar crimes are less straightforward when compared to criminal offenses that involve violence. Because of this, white-collar crimes can be more complex, but it is still very possible to build a strong defense on your behalf. Nathaniel Pitoniak is an experienced Houston criminal defense attorney who can answer all your questions regarding your white-collar criminal charges.
Experienced White Collar Defense Lawyer in Houston, TX
Past experience is not a guarantee of future results, but if you are facing a white collar charge, it pays to be represented by an experienced Houston white collar lawyer. Nathaniel Pitoniak has experience representing clients charged with money laundering and other white collar crimes.
As a former prosecutor, he is in a unique position to analyze and spot weaknesses in the prosecution’s case. He will use that experience and fight to protect your rights and provide you with the best possible defense. Call the Law Office of Nathaniel Pitoniak.
Contact the Law Office of Nathaniel Pitoniak for an Experienced Criminal Defense in Harris County
As a former prosecutor, Nathaniel Pitoniak is in a unique position to analyze and spot weaknesses in the prosecution’s case and will use that experience to protect your rights, providing you with the best possible defense. When you have Houston criminal defense attorney Nathaniel Pitoniak on your side, you will never find yourself backed into a corner with no place to turn.
Nathaniel will work hard to ensure these charges do not entirely derail your future, providing the best possible outcome. Although a plea bargain may well be your best course of action, Nathaniel will never push you to “settle” for a plea bargain that does not provide the best solution for you and for your situation. Attorney Nathaniel Pitoniak will thoroughly evaluate your circumstances and charges, mapping out a strategy that ensures the most positive results. Contact the Law Office of Nathaniel Pitoniak today to speak to an experienced Houston criminal defense lawyer.
