The criminologist and sociologist Edwin Sutherland is often credited with defining white-collar crime in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” Nowadays, most any criminal offense that is financial in nature is referred to as a white-collar crime.
Some people assume that white-collar offenses only involve high-level executives accused of multi-million dollar wrongdoing, but people in any one of a number of positions can be charged with alleged financial crimes. Even though white-collar crimes are non-violent offenses, the value of the money or property involved can often lead to felony criminal charges that can potentially result in very lengthy prison sentences and steep fines.
White Collar Crimes Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you believe that you might be under investigation or you were recently arrested in Collin County for any kind of white-collar offense, it is in your best interest to exercise your right to remain silent until you have legal representation. The Law Offices of Richard C. McConathy aggressively defend clients in Allen, Frisco, McKinney, Plano, and many surrounding areas of Collin County.
Criminal defense lawyers Richard McConathy and Brian Bolton will fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. Call (469) 304-3422 today to have our attorneys provide an honest and thorough evaluation of your case during a free initial consultation.
Definitions Relating to White Collar Crimes in Texas
Many white-collar offenses in Texas are established under Chapter 32 of the Texas Penal Code relating to fraud. Money laundering, insurance fraud, and Medicaid fraud all have separate chapters, but they use the same definitions that are established under Texas Penal Code § 32.01.
Definitions listed under this section of the Penal Code include:
- Financial Institution — A bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment.
- Property — Real property, tangible or intangible personal property including anything severed from the land, or a document, including money, that represents or embodies anything of value.
- Service — Includes labor and professional service; telecommunication, public utility, and transportation service; lodging, restaurant service, and entertainment; and the supply of a motor vehicle or other property for use.
Texas Penal Code § 32.02 further defines “value” as meaning the fair market value of the property or service at the time and place of the offense or, if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense. The value of documents, other than those having a readily ascertainable market value, is the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document if the document is other than evidence of a debt.
If property or service has a value that cannot be reasonably ascertained by the aforementioned criteria, the property or service is deemed to have a value of $750 or more but less than $2,500. Under Texas Penal Code § 32.03, amounts involved in fraud offenses can be aggregated in determining the grade of offense when the amounts were obtained pursuant to one scheme or continuing course of conduct, whether from the same or several sources.
Common White Collar Crimes in Collin County
A large number of financial crimes fall under the umbrella term of “white collar.” Not all alleged offenses necessarily involve large sums of money, and some of the types of white-collar crimes that people may be charged with include, but are not limited to:
- Bad Check
- Credit Card Fraud
- Identity Theft
- Insurance Fraud
- Medicaid Fraud
- Mortgage Fraud
- Securities Fraud
- Tax Fraud
Texas Resources for White Collar Crimes
Special Prosecution | Collin County Criminal District Attorney — The Special Prosecution Unit of the Collin County Criminal District Attorney’s Office coordinates and prosecutes financially motivated criminal activity, organized crime, and other complex or sensitive cases. On this website, you can also find information about the Hot Check Department and the Hot Check Loss Prevention Program. You can learn more about accepting a check and the procedure for taking a check as well as download a Worthless Check Affidavit.
Collin County Criminal District Attorney
2100 Bloomdale Rd., Suite 100
McKinney, TX 75071
Frauds and Scams | Texas Attorney General — Visit this section of the Attorney General’s website to learn more about how to avoid becoming a victim of consumer fraud. Find out what to do if you’ve been scammed and how to fight identity theft. You can also file a consumer complaint through this website.
Find a Collin County White Collar Crimes Defense Attorney | Law Offices of Richard C. McConathy
Were you arrested or do you think that you could be under investigation for a white-collar offense in Collin County? Even if you are completely confident in your innocence, you should not say anything to authorities until you have legal counsel. Contact the Law Offices of Richard C. McConathy today.
Richard McConathy and Brian Bolton are experienced criminal defense attorneys who represent individuals throughout Collin County, including Plano, McKinney, Frisco, Allen, and many other nearby communities. They can review your case and help you understand all of your legal options when you call (469) 304-3422 or complete an online contact form to take advantage of a free, confidential consultation.