What is White Collar Crime in Lubbock, Texas?

White Collar Crime in Lubbock, Texas, refers to a collection of non-violent and financial offenses committed by office workers. According to the Federal Bureau of Investigation (FBI), these offenses are usually characterized by fraud, deceit, concealment, or violation of trust and do not depend on the application or threat of violence. In Lubbock, common white collar crimes include money laundering, embezzlement, identity theft, forgery and counterfeiting, credit card fraud, mortgage fraud, wire fraud, mail fraud, tax fraud, Ponzi schemes, etc. These offenses are called "white collar" crimes because they are usually committed by office workers who are known to wear white dress shirts, as opposed to the blue overalls worn by manual laborers. In 2020, the FBI reported 811 incidents of forgery and counterfeiting in the city of Lubbock.

What are White Collar Crime Punishments in Lubbock?

Lubbock’s punishments for white collar crimes are quite serious and include jail time, expensive fines, probation, seizure of property, and restitution. White collar crime charges may involve both federal and state charges and the penalties may be worse if the defendant defrauds an elderly person, has a previous criminal record, or cause harm to a large number of people. In addition to criminal charges, the defendant in a white collar crime case may also face civil lawsuits for any financial losses suffered by the victims. In Lubbock, the defendant would have to pay any damages awarded in civil court, and the fines and punishments imposed in a criminal court. Notably, unlike street and violent crimes, the punishments for white collar crimes are usually considered as being less severe. However, this is not necessarily the case because some white collar crimes charged under federal law have been known to attract even more serious penalties. A good example is a corporate fraud and money laundering, which attracts steep fines and a maximum sentence of life imprisonment.

Common white collar crime charges in Lubbock include:

Money laundering: An accused person may be charged with this offense under federal and state law in Lubbock. Chapter 34 of the Texas Penal Code stipulates that a person may be charged with money laundering if they:

• Acquire, conceal, possess, transfer, or transport the proceeds of criminal activity
• Conduct, supervise, or facilitate a transaction involving the proceeds of criminal activity
• Invest, expend, receive, spend, or offers to invest, expend or receive funds believed to be proceeds of criminal activity
• Finance or invest or intend to finance or invest funds believed to be used to commit criminal activities.

The defendant may face severe punishments if prosecuted under federal law and may face up to 20 years in jail and a fine of up to $500,000 depending on the value of funds or assets laundered. Under Texas law, the punishments for money laundering depend on the amount of money laundered as seen as follows:

• $2,500 - $30,000: If the value of money laundered is within this range, the offense becomes a state jail felony punishable by 6 months to 2 years in state prison and a fine of up to $10,000.
• $30,000 - $150,000: If the value of money laundered is within this range, the offense becomes a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000.
• $150,000 - $300,000: If the value of the money laundered is within this range, the offense becomes a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
• More than $300,000: This is a first-degree felony punishable by 5 to 99 years in prison.

Embezzlement: This offense is committed when a person takes the property of another to defraud or deprive them of it. The offense covers employees stealing from the company's accounts or changing the accounting books to conceal income gained from the employer. Embezzlement charges may be classified as a misdemeanor or felony, depending on the value of the money or assets stolen by the defendant. This can be seen as follows:

• Up to $100: This is a class C misdemeanor punishable by a fine of up to $500.
• $100 - $750: This is a class B misdemeanor punishable by imprisonment of 180 days and a fine of up to $2,000.
• $750 - $2,500: This is a class A misdemeanor punishable by imprisonment of a year and a fine of up to $4,000.
• $2,500 - $30,000: This is a state jail felony punishable by imprisonment of 6 months to 2 years and a fine of up to $10,000.
• $30,000 - $150,000: This is a third-degree felony punishable by imprisonment for 2 to 10 years and a fine of up to $10,000.
• $150,000 - $300,000: This is a second-degree felony punishable by imprisonment for 2 to 20 years and a fine of up to $10,000.
• $300,000 and more: This is a first-degree felony punishable by imprisonment for 5 to 99 years and a fine of up to $10,000.

The above penalties for embezzlement charges may also increase due to some aggravating factors such as if the defendant is a public servant under Texas law at the time the embezzlement occurred. In addition, the defendant may also face enhanced charges if they embezzled an older person or a nonprofit organization.

Identity Theft: In Lubbock, a person commits this offense if they obtain, possess, transfer or use another person's identifying information without consent. This identifying information may be the name, fingerprints, date of birth, social security number, driving license, or bank account number of another person. The punishments for identity theft in Lubbock usually depend on the number of times the accused fraudulently used the victim's information. This can be seen as follows:

• Less than 5 times: This is a state jail felony punishable by imprisonment for 6 months to 2 years and a fine of up to $10,000.
• 5 - 10 times: This is a third-degree felony punishable by imprisonment for 2 to 10 years and a fine of up to $10,000. 
• 10 - 50 times: This is a second-degree felony punishable by imprisonment for when the information is used for 2 to 20 years and a fine of up to $10,000.
• 50 times and more: This is a  first-degree felony punishable by imprisonment for 5 to 99 years and a fine of up to $10,000.

Mortgage Fraud: This occurs when a person intentionally makes a false or misleading statement to secure property or credit, including a mortgage. The crime is classified as a misdemeanor or felony depending on the value of the property, loan or credit obtained. This can be seen as follows:

• $2,500 - $30,000: This is a state jail felony punishable by 180 days to 2 years in prison and a fine of up to $10,000.
• $30,000 - 150,000: This is a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000.
• $150,000 - $300,000: This is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
• $300,000 and more: This is a first-degree felony punishable by 5 to 99 years in prison and a fine of up to $10,000.

Forgery and Counterfeiting: Under Texas law, forgery refers to the act of altering a written item, making a false written item, or using a false written item to defraud and deceive another. An example of forgery includes the passing of a false document as genuine or making false entries in books or records. To be convicted of this offense, the prosecution must prove that the defendant knew that the document was false but still intended to use it to unlawfully secure money or property from another. In Lubbock, the offense of counterfeiting currency falls under the umbrella of forgery and involves making fake currencies and using them to fraudulently pay for items, despite knowing that the currencies are fake. The punishments for forgery and counterfeiting depend on the type of document that was forged and the value of the fraud:

• Class A misdemeanor: This involves unlawfully using any type of document not included on the list of felony forgery documents. These are punishable by a year in prison and a fine of up to $4,000.
• State jail felony: The defendant will be charged with this class of forgery felony if the forged document is a deed, mortgage, credit card, contract, security agreement, check, contract, credit card, or payment authorization. The offense is punishable by 180 days to 2 years in prison and a fine of up to $10,000.
• Third-degree felony: The defendant can be charged with this class of forgery felony if the forged document is a paper currency, postage stamps, stocks, bonds, or a government record or paper. Therefore, the offense of counterfeiting falls under this class of forgery felony and is punishable by 2 to 10 years and a fine of up to $10,000.

The defendant may face enhanced punishments if they try to obtain money or assets worth more than $150,000 with forged documents. This is also applicable in cases where the offense is done against an elderly person or the defendant had a prior criminal history.

Mail and Wire Fraud: Mail fraud is a federal offense that involves using the mail as part of a scheme to defraud another individual of their money or assets. Wire fraud, on the other hand, refers to the use of any electronic communication such as a fax machine, email, telephone, television, or radio as part of a scheme to defraud another person out of money or assets. The punishment for mail and wire fraud charges in Lubbock is a prison sentence of up to 20 years and a fine of up to $250,000 for individuals and $500,000 for organizations. A convicted person may also have to pay restitution to the victims of the crime.

Tax Fraud: This offense arises when an individual or entity intentionally circumvents tax law to reduce their tax liability. Examples of this offense include failure to pay tax, failure to pay sales taxes collected to the state comptroller, falsifying books or records, or transferring assets to unlawful offshore tax havens. The punishments for tax fraud in Lubbock include:

• Failure to pay taxes, otherwise called tax evasion:
• If the amount is less than $50: This is a class C misdemeanor punishable by a fine of up to $500.
• $50 - $500: This is a class B misdemeanor punishable by imprisonment for 180 days and a fine of up to $2,000.
• $500 - $1,500: This is a class A misdemeanor punishable by imprisonment for a year and a fine of up to $4,000.
• $1,500 - $20,000: This is a state jail felony punishable by imprisonment for 6 months to 2 years and a fine of up to $10,000.
• $20,000 - $100,000: This is a third-degree felony punishable by imprisonment for 2 to 10 years and a fine of up to $10,000.
• $100,000 - $200,000: This is a second-degree felony punishable by imprisonment for 2 to 20 years and a fine of up to $10,000.
• $200,000 and more: This is a first-degree felony punishable by imprisonment for 5 to 99 years and a fine of up to $10,000.
• Falsifying books or records: This is a third-degree felony punishable by imprisonment for 2 to 10 years and a fine of up to $10,000.
• Failure to produce records for inspection: This is a class C misdemeanor punishable by a fine of up to $500.
• Using automated sales suppression devices and phantom-ware: This is a state jail felony punishable by imprisonment for 6 months to 2 years and a fine of up to $10,000.

What does a White Collar Crime Lawyer do in Lubbock?

Lubbock’s white collar crime lawyer is a trained professional who specializes in advising and defending individuals and companies on white collar crime charges. Such an attorney usually has a good understanding of the state's legal system to protect the client’s legal rights. A skilled and experienced white collar crime defense lawyer provides an effective defense strategy for their client and conducts investigations to achieve the best possible outcomes during the trial. Some of the common defenses that a white collar crime lawyer can rely upon include:

• Entrapment: This defense may be used by a white collar crime defense lawyer to show that the defendant did not intend to commit the offense but for the lure of law enforcement officers. The defense attorney must prove that the officers involved induced the defendant to commit the white collar crime and that the defendant would not have committed the offense under normal circumstances.
• Lack of intention: In Lubbock, the prosecution has an obligation to prove the criminal intent of the defendant in a white collar crime case. A skilled white collar crime lawyer may diminish or dismiss the prosecution's charges by showing that the defendant had no intention to commit the offense and that their actions were a mistake.
• Improper search or seizure: The defendant in a white collar crime case is protected from illegal searches under the Fourth Amendment of the Constitution. An experienced white collar crime lawyer can, therefore, suppress any evidence unlawfully obtained by the police and render them inadmissible in court. In the absence of sufficient evidence, the court would have to dismiss the charges brought against the defendant.
• Duress or coercion: This defense may be admitted in court if the defense lawyer can prove that the defendant was forced or compelled to commit the white collar crime.
• Insanity: This defense may be used to show that at the time the offense was committed, the defendant could not understand the wrongfulness of the crime due to mental illness or disorder.
• Intoxication: This defense can be used to diminish the culpability of the defendant by proving that the defendant was under the influence of drugs or alcohol at the time of the offense and was therefore not in full control of their actions. 

What is the FCPA in Lubbock?

The Foreign Corrupt Practices Act (FCPA) of 1977 governs international white collar crimes. This Act prohibits certain classes of individuals and entities from offering or making payments to foreign government officials to assist in obtaining or retaining business. The FCPA covers two sections: the anti-bribery provisions and the accounting provisions. The anti-bribery provisions of the FCPA prohibit the payment or promise to pay anything of value to any foreign official.

The accounting provisions of the FCPA require companies whose securities are listed in the United States to keep accurate books and records that fairly reflect the transactions of the companies. In addition, the accounting provisions mandate corporations to maintain an adequate system of internal controls. This is to ensure that transactions of corporations are executed in line with the authorization of the management. Companies that violate the anti-bribery or accounting provisions of the FCPA may have to face substantial criminal and civil penalties and may be subject to oversight by an independent consultant.

How to find a White Collar Crime Lawyer in Lubbock

Individuals and companies interested in employing the services of a white collar crime lawyer can take any of the following steps:

• Asking for recommendations from friends, family, and colleagues: This option is often considered the best means of finding a white collar crime lawyer in Lubbock since the attorney may have worked previously on a case for the family, friend, or colleague. However, it is essential to conduct further research on the recommended attorney to ensure that they are competent.
• Searching online websites and directories: Any individual in need of the services of a white collar crime lawyer may also search online websites or use the Texas Bar Referral Service, which provides access to information regarding attorneys practicing in the state. When searching online websites for white collar crime lawyers, it is essential to take note of the attorney's testimonials, client reviews, and successful case results.

When hiring a white collar crime attorney, interested persons must consider the following:

• Experience: It is essential to hire a white collar crime lawyer with extensive experience in handling white collar crime cases. Such a lawyer must have a good understanding of the laws and procedures in the state in order to protect the best interest of their client.
• Successful case results: There is a need to hire a white collar crime lawyer who has an excellent track record in both negotiating plea agreements and taking cases to trial. Such an attorney must understand the importance of a thorough investigation and the need to protect the legal rights of their client throughout the trial process.
• Attorney fees: Although interested individuals should not base their decision on which attorney to hire only on the attorney fees, it is essential to research such fees regardless. The attorney may charge a flat fee or an hourly rate depending on whether the case is a criminal or civil matter.