The Burton Law Firm, P.C. has over 15 years of experience in this area
of the law. If you have questions about this subject please call us
at 713-222-6262; or email Randy Burton at randy@burton-lawfirm.com.
White Collar Criminal Defense
- What is a white-collar crime?
According to the Department of Justice, "White-collar offenses shall constitute those classes of non-
violent illegal activities which principally involve traditional notions of deceit, deception,
concealment, manipulation, breach of trust, subterfuge or illegal circumvention." White-collar
crimes are fraud, bankruptcy fraud, bribery, insider trading, embezzlement, computer crime, medical
crime, public corruption, identity theft, environmental crime, pension fund crime, RICO crimes,
consumer fraud, occupational crime, securities fraud, financial fraud, and forgery.
- How much white collar crime cost?
White-collar crimes cost the United States more than $300 billion annually according to the FBI.
- What is accounting fraud?
Accounting fraud is closely tied to securities fraud. Indeed, most accounting fraud occurs to affect
the performance of publicly traded corporations.
- What is anti-trust?
Since the introduction of the Sherman Anti-Trust Act on July 2, 1890, individuals and corporations
restricting and conspiring to restrict trade among states or with foreign nations have been subject to
criminal sanctions.
- What is bank fraud?
To engage in an act or pattern of activity where the purpose is to defraud a bank of funds.
- What is bankruptcy fraud?
Bankruptcy fraud is defined as "[a] fraudulent act connected to
a bankruptcy case; especially any of several proscribed acts performed
knowingly and fraudulently in a bankruptcy case, such as concealing
assets or destroying, withholding, or falsifying documents in an
effort to defeat bankruptcy-code provisions."
- How is blackmail defined?
A demand for money or other consideration under threat to do bodily harm, to injure property, to
accuse of a crime, or to expose secrets.
- What is the definition of bribery?
When money, goods, services, information or anything else of value is offered with intent to
influence the actions, opinions, or decisions of the taker. You may be charged with bribery whether
you offer the bribe or accept it.
- What is cellular phone fraud?
The unauthorized use, tampering, or manipulation of a cellular phone or service. This can be
accomplished by either use of a stolen phone, or where an actor signs up for service under false
identification or where the actor clones a valid electronic serial number (ESN) by using an ESN
reader and re-programs another cellular phone with a valid ESN number.
- What is computer fraud?
Where computer hackers steal information sources contained on computers such as: bank
information, credit cards, and proprietary information.
- What is a conspiracy?
A conspiracy is "an agreement by two or more persons to commit an unlawful act, coupled with an
intent to achieve the agreement's objective, and [often] action or conduct that furthers the agreement;
a combination for an unlawful purpose."
- What is corruption?
Any agreement between parties to in violation of the public trust for profit or gain in either the
private or public sector.
- What is counterfeiting?
Occurs when someone copies or imitates an item without having been authorized to do so and passes
the copy off for the genuine or original item. Counterfeiting is most often associated with money
however can also be associated with designer clothing, handbags and watches.
- What is credit card fraud?
The unauthorized use of a credit card to obtain goods of value.
- What are currency schemes?
The practice of speculating on the future value of currencies.
- Is embezzlement when a person who has been entrusted with money or property appropriates
it for his or her own use and benefit?
Yes.
- What are environmental schemes?
The over-billing and fraudulent practices exercised by corporations which purport to clean up the
environment.
- When does extortion occur?
When one person illegally obtains property from another by actual or threatened force, fear, or
violence, or under cover of official right.
- What is a false statement?
Making false statements is a very serious crime. It is an untrue statement knowingly made with the
intent to mislead.
- Is forgery when a person passes a false or worthless instrument such as a check or counterfeit
security with the intent to defraud or injure the recipient?
Yes.
- What is health care fraud?
Where an unlicensed health care provider provides services under the guise of being licensed and
obtains monetary benefit for the service.
- What is identity theft?
The unlawful use of personal identifying information, including, but not limited to, names, social
security numbers, and credit card numbers. Identity fraud involves the misappropriation of another
person's personal identifying information.
- What is insider trading?
When a person uses inside, confidential, or advance information to trade in shares of publicly held
corporations.
- What is insurance fraud?
To engage in an act or pattern of activity wherein one obtains proceeds from an insurance company
through deception.
- What are investment schemes?
Where an unsuspecting victim is contacted by the actor who promises to provide a large return on
a small investment.
- When at is a kickback?
Occurs when a person who sells an item pays back a portion of the purchase price to the buyer.
- What is larcenyltheft?
When a person wrongfully takes another person's money or property with the intent to appropriate,
convert or steal it.
- What is mail fraud?
Mail fraud is an act of fraud using the U.S. Postal Service, such as making false representations
through the mail to obtain an economic advantage.
- What is money laundering?
The investment or transfer of money from racketeering, drug transactions or other embezzlement
schemes so that it appears that its original source either cannot be traced or is legitimate.
- What is obstruction of justice?
The intent to avoid, evade, prevent, or obstruct compliance with a civil investigation, to willfully
withhold, misrepresent, remove from any place, conceal, cover up, destroy, mutilate, alter, or by
other means falsify any documentary material, answer to written interrogatories, or oral testimony.
which is the subject of such demand.
- How does being proactive help?
By taking charge of your situation and being represented by a lawyer before an indictment is returned
by a grand jury can make all the difference in the world. It can even keep you from being indicted.
- What is public corruption?
Public corruption encompasses a vast number of white collar wrongful acts, the primary goals of
which are to receive, offer, or give, preferred treatment or performance in return for monies, gifts
or favors. There are several offenses an individual may be charged with which concern bribery,
extortion, government fraud, procurement fraud, kickbacks, and misuse of public authority.
- What is racketeering?
The operation of an illegal business for personal profit.
- What does RICO stand for?
RICO stands for "Racketeer Influenced and Corrupt Organizations." It is a law that is designed to
attack organized criminal activity and preserve marketplace integrity by investigating, controlling,
and prosecuting persons who participate or conspire to participate in racketeering.
- What is meant by securities fraud?
The act of artificially inflating the price of stocks by brokers so that buyers can purchase a stock on
the rise.
- What is the definition for tax evasion?
When a person commits fraud in filing or paying taxes.
- What is telemarketing fraud?
The placement of telephone calls to residences and corporations where the actor requests a donation
to an alleged charitable organization or where the actor requests money up front or a credit card
number up front, and does not use the donation for the stated purpose.
- What is welfare fraud?
To engage in an act or acts where the purpose is to obtain benefits (i.e. public assistance, food
stamps, or Medicaid) from the state or federal government.
- What problems can occur with weights and measures?
An item might be placed for sale at one price yet be charged a higher price at the time of sale or an
item will be labeled to reflect a higher weight than the item actually bears.
- What is wire fraud?
Wire fraud is an act of fraud using electronic communication. This electronic communication can
be via wire, radio, or television.
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