Houston White Collar Crime Defense

Have you been charged with fraud, embezzlement, money laundering or another white-collar crime?

For over 25 years, Houston criminal defense attorney Neal Davis has won successful outcomes for individuals charged in state and federal white-collar cases all over the country. He has a well-known reputation for providing aggressive representation and personal attention to each client.

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Houston White Collar Criminal Defense Attorney

Experienced Defense Against Embezzlement, Fraud and Other Non-Violent Offense Charges

The various types of white collar offenses in Texas—from healthcare fraud to federal embezzlement—are charged as the offense of “theft.” Federally, theft and fraud is charged and sentenced a myriad of ways, from conspiracy to wire, mail and bank fraud, to identity theft.

For example, a retired Fort Bend County jail guard was recently charged with a federal offense for a non-violent white collar crime which involved the misappropriation of money. The man pleaded guilty for pocketing nearly $300K in military pension checks which had been sent over a 20-year period to his uncle, who died in 1996. Such fraud is a federal white collar offense. However, he was still able to get probation and avoid jail time thanks to his attorney, Neal Davis.

What is a white collar crime?

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Why are some white collar crimes prosecuted in state court and others in federal court?

Differences in state vs. federal cases

State and federal cases also vary in the vetting process for prosecutors. Generally speaking, a federal prosecutor is more experienced and has a lighter caseload, and is therefore better prepared for trial. As a result, a more experienced attorney is required to provide a strong defense.

However, it is a mistake to assume that all state prosecutors are weaker than their peers in the federal court since many aggressive prosecutors prefer to practice at the state level because they get more trial experience there.

Furthermore, sentencing for federal white-collar cases is more standardized and predictable. Because the federal sentencing guidelines are particularly harsh in white-collar cases, they have become controversial. Although the U.S. Department of Justice has made efforts to amend the draconian and often unfair punishments recommended for white collar criminals, many criticize that the government hasn’t done enough. Since 2005, federal punishments for white collar crimes have rarely been consistent – that’s when the Supreme Court restored much of the judge’s discretion in determining the appropriate sentencing, ruling that the government’s sentencing guidelines were merely advisory (United States V. Booker).

In certain white collar crimes, the case may move from state court to federal court. This only occurs if the amount of defrauded money in question is so large, or some federal interest is involved (such as Medicare or Medicaid), that it warrants federal prosecution. This decision to transfer the case is often based on the priorities of the United States Attorney in that particular district, the size of the case or any compelling federal interest, and who is investigating the crime (i.e. local police, the FBI, etc.).

Clearly, there are many factors that can affect a non-violent offense charge. To ensure the best possible outcome in your case, it is important to hire an attorney who is not only highly knowledgeable in the type of non-violent offense you are are being charged with, but who also has extensive experience litigating at both the State and federal levels.

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