“White Collar Crime” is a broad term that often refers to non-violent financial crimes. This can include embezzlement, identity theft, mortgage fraud, Medicaid fraud, money laundering, and a host of other crimes. As the former head of the Harris County District Attorney's Office Organized Crime Section, Ed McClees investigated, prosecuted and tried these types of crimes. Since becoming a defense lawyer, Ed has also investigated and defended those charged with these types of crimes.
Theft
Theft is a “stair step” crime where the penalty varies depending on the dollar value of the item(s) allegedly stolen. In white collar cases, that item is often cash, checks, or some other form of currency. The “value ladder” for these crimes is listed below:
Under $100 – Class C Misdemeanor punishable by a fine not to exceed $500;
$100 to $750 – Class B Misdemeanor punishable by up to 180 days in jail and a $2,000 fine.
$750 to $2,500 – Class A Misdemeanor punishable by up to a year in jail and a $4,000 fine.
$2,500 to $30,000 – State Jail Felony where the punishment range is six months to two years in a State Jail Facility, and a fine not to exceed $10,000. In some circumstances, this punishment range may be increased based upon prior criminal history.
$30,000 to $150,000 – Third Degree Felony where the punishment range is two to 10 years in prison and a fine not to exceed $10,000. In some circumstances, this punishment range may be increased based upon prior criminal history.
$150,000 to $300,000 – Second Degree Felony where the punishment range is two to 20 years in prison and a fine not to exceed $10,000. In some circumstances, this punishment range may be increased based upon prior criminal history.
$300,000 and over – First Degree Felony where the punishment range is five to 99 years or life in prison, with a fine not to exceed $10,000. In some circumstances, this punishment range may be increased based upon prior criminal history.
We have the resources to assemble a team of investigators, computer forensic experts, and fraud examiners to assist us in our investigation and defense of your case.
Fraudulent Use of Identifying Information and Identity Theft Crimes
In Texas, it is a crime to possess another person's identifying information when the person possessing that information has the intent to defraud or harm another. “Identifying Information” is any information that alone or in conjunction with other information identifies another person. This can include a name and date of birth, social security number, credit card number, and other information.
Like theft, this is a “stair step” crime where the range of punishment depends upon the amount of identifying information possessed. The different ranges of punishment for Fraudulent Use of Identifying Information are listed below:
1-4 pieces of information – State Jail Felony where is punishment range is six months to two years in a state jail facility, and up to a $10,000 fine.
5-9 pieces of information – Third Degree Felony where the punishment range is two to 10 years in prison, and up to a $10,000 fine.
10-49 pieces of information – Second Degree Felony where the punishment range is two to 20 years in prison and up to a $10,000 fine.
50 or more pieces of information – First Degree Felony where the punishment range is five to 99 years or life in prison, and up to a $10,000 fine.
Some common mistakes that prosecutors make in these cases is that they neglect to provide evidence that either (1) the “identifying information” possessed by the person charged actually belonged to a specific person, or (2) that the person charged knew that the information they possessed was in fact information that identified another person.
Ed McClees has years of experience handling identity theft related crimes. He knows where to look for the details that law enforcement and prosecutors often miss, and these details can sometimes make the difference between a person charged with a crime going home or spending significant time in prison.
