Corporate Fraud
Fraud refers to the intentional or deliberate act of obtaining an unauthorized benefit by engaging in intentional deception. The act of corporate fraud can be committed by both individuals or corporations. States throughout America have enacted various laws penalizing fraudulent activity, and the State of Texas is no different. However, under most circumstances Corporate Fraud is charged as a federal crime. Offenses such as corporate fraud can result in serious legal consequences including significant fines and imprisonment. Convictions can also result in the end of a career and the closing of a company.
If you have been charged with corporate fraud, you need legal representation immediately. Our criminal defense attorneys at Goldstein & Orr have a proven and extensive track record defending clients charged with white collar crimes, and we will do what it takes to protect your interests. Allow Goldstein & Orr to be your best resource and ally throughout this stressful time in your life.
San Antonio Corporate Fraud Attorney, TX
If you are under investigation for corporate fraud, criminal defense lawyers Gerald Goldstein, Cynthia Orr and their team of associates at Goldstein & Orr can help defend you against those charges. Corporate fraud accusations can be intimidating but they don’t have to be when you have a skilled business fraud attorney on your side. Goldstein & Orr carries the extensive experience to fully protect your rights.
Goldstein & Orr serves individuals in San Antonio, TX and throughout the State of Texas such as Converse, Selma, Schertz, Sandy Oaks, Universal City, Live Oak, New Braunfels, Timberwood Park, Balcones Heights, Olmos Park, Windcrest, Leon Valley, Castle Hills, and Elmendorf. Goldstein & Orr also represent clients in Burnet County, Travis County, Blanco County, Wilson County, Comal County, Williamson County, Kimble County, and Sutton County. Call (210) 226-1463 to secure a free, confidential consultation with Goldstein & Orr today. Allow Mr. Goldstein to carefully review your case.
Information Center
- What is Corporate Fraud?
- Penalties for Corporate Fraud in TX
- Corporate Fraud Federal Laws
- Additional Resources
What is Corporate Fraud?
Corporate fraud refers to illegal fraudulent activities perpetrated by individuals or companies in order to obtain an advantageous financial gain. Corporate fraud is classified as a white-collar crime, which is when a person or entity uses deception or deceit for a financial gain. Usually, the person committing the crime is in a position of trust. An array of crimes falls under corporate fraud, including the following:
- Charity fraud: Charity fraud occurs when businesses deceptively obtain money from people who believe they are making donations to a charity or charities.
- Asset misappropriation: Asset misappropriation takes place when an employee misuses company assets or steals funds/inventory from their employer.
- Money laundering: Money laundering occurs when companies make large amounts of money generated by criminal activity and engages in a scheme to defraud so the funds appear legitimate.
- Securities fraud: Securities fraud is a white-collar crime that can be committed in several forms but primarily involves misrepresenting information investors use to make decisions. Some common examples include Ponzi schemes and pyramid schemes.
- Bribery: Bribery occurs when a company offers, gives, receives, or solicits any item of value as a means of influencing the actions of an individual holding a public or legal duty.
Penalties for Corporate Fraud in TX
Corporate fraud does not have a statue under the Texas Penal Code. It’s an umbrella term that encapsulates various criminal financial offenses. Chapter 32 of the Texas Penal Code includes different forms of fraudulent conduct that could be considered Corporate Fraud. These crimes carry harsh criminal punishments that may be detrimental to a person or a business. Some of the offenses that are included in the statute are:
- Forgery (Sec 32.21)
- Criminal simulation (Sec 32.22)
- Credit card or debit card abuse (Sec 32.31)
- False statement to obtain property or credit in the provision of certain benefits (Sec 32.32)
- Commercial bribery (Sec 32.43)
- Fraudulent securing of document execution (Sec 32.46)
- Identity theft (Sec 32.51)
A conviction for corporate fraud can lead to very grave consequences in Texas. Fraud can be classified as a misdemeanor or felony, depending on the type of fraud and value of funds/assets involved.
Less than $100
- Class C misdemeanor
- Up to $500 in fines
$100 or more but less than $750
- Class B misdemeanor
- Up to 180 days in jail
- Up to $2,000 in fines
$750 or more but less than $2,500
- Class A misdemeanor
- Up to 1 year in jail
- Up to $4,000 in fines
$2,500 or more but less than $30,000
- State jail felony
- 180 days to 2 years in state jail
- Up to $10,000 in fines
$30,000 or more but less than $150,000
- 3d degree felony
- 2 to 10 years in prison
- Up to $10,000 in fines
$150,000 or more but less than $300,000
- 2nd degree felony
- 2 to 20 years in prison
- Up to $10,000 in fines
$150,000 or more but less than $300,000
- 1st degree felony
- 5 to 99 years in prison
- Up to $10,000 in fines
Corporate Fraud Federal Laws
Under federal law, fraud is a serious offense. Under 18 U.S. Code § 1001, an individual may be prosecuted for federal fraud if he or she:
- Falsify, conceal, or cover up by any trick, scheme, or device a material fact
- Make any materially false, fictitious, or fraudulent statement or representation
- Make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry
According to the statute, a person convicted of committing corporate fraud may face up to 5 years of imprisonment. If the offense involves international or domestic terrorism, the defendant may up to 8 years in prison.
If you are currently under investigation for federal corporate fraud in Texas, it is imperative that you speak immediately with one of our skilled San Antonio federal lawyers at Goldstein & Orr. With over 70 years of collective experience, we can guide you throughout this difficult process.
Additional Resources
FBI: Business Fraud – Access the Federal Bureau Investigation website to learn more about business fraud, which is also known as corporate fraud. Learn what are the predominant types of crimes that fall under business fraud.
Texas Penal Code: False Statement to Obtain Property or Credit – Click the link to visit the official website for the Texas Penal Code and read about corporate fraud. Section 32.32 constitutes the crime of making a false misleading written statement to obtain property or credit.
TX Corporate Fraud Lawyer, Bexar County
Corporate fraud is a serious matter and, unfortunately, it carries harsh penalties such as imprisonment and steep fines. If you have been accused of business or corporate fraud, it important that you consult a San Antonio criminal defense lawyer to assure that your reputation and freedom is not harmed. Allow Goldstein & Orr to assist you in the legal process during this overwhelming time.
Corporate fraud can have long-term implications to you and your business, so do not lose any more time. Call (210) 226-1463 to discuss your concerns with Bexar County criminal defense lawyers Gerald Goldstein and Cynthia Orr at Goldstein & Orr. They carry over 70 years of collective experience representing businesses charged with corporate fraud and can utilize their knowledge to help you build the best defense possible.
Goldstein & Orr accepts clients throughout the State of Texas including Kirby, Converse, Seguin, Kyle, Leon Valley, Kerrville, San Marcos, Schertz, New Braunfels, Canyon Lake, Live Oak, Hondo, and Pleasanton.
