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Dallas White-Collar Crime Lawyers
White-collar investigations and prosecutions are unusual among criminal cases in that most of the important decisions are made before any charge is filed. A target letter arrives. A grand jury subpoena lands on a former employer. An SEC staff attorney wants to “have a conversation.” The way those moments are handled (whether to respond, what to produce, whether to proffer, whether to cooperate) often determines whether a case ends in declination, deferred prosecution, a state plea, or a federal indictment.
Deandra Grant Law represents individuals and small businesses facing state and federal white-collar investigations and charges in North Texas. On federal matters, Of Counsel James Lee Bright’s practice (admitted in all four Texas federal districts, the District of Columbia, the Fifth Circuit, and the Supreme Court) brings the right venue experience to serious federal cases. Call (214) 225-7117 to discuss your situation.
“White-Collar Crime” Is Not a Statute
The phrase “white-collar crime” is descriptive, not statutory. It covers a family of non-violent offenses committed for financial gain through deception, breach of trust, or manipulation of business or government systems. In Texas, these cases are charged under specific provisions of the Penal Code; in federal court, they are charged under Title 18 of the United States Code and related titles. What is called “embezzlement” in a newspaper headline is charged as “theft” under Texas Penal Code Chapter 31, or as wire fraud under 18 U.S.C. § 1343, or as bank fraud under § 1344 (depending on the forum and the specific conduct).
Texas State White-Collar Offenses
Theft — Penal Code Chapter 31
The anchor statute for state-court white-collar prosecutions in Dallas County. Theft under § 31.03 is committed by unlawful appropriation of property with intent to deprive the owner of it. The statute covers both straightforward theft and what is colloquially called embezzlement (theft by a person in a position of trust), theft by deception, and theft of services.
The punishment ladder under § 31.03(e), reflecting the thresholds set by HB 1396 (effective January 1, 2016), is:
- Less than $100: Class C misdemeanor (fine only, up to $500).
- $100 to less than $750: Class B misdemeanor (up to 180 days in jail, fine up to $2,000).
- $750 to less than $2,500: Class A misdemeanor (up to 1 year in jail, fine up to $4,000).
- $2,500 to less than $30,000: State jail felony (180 days to 2 years, fine up to $10,000).
- $30,000 to less than $150,000: Third-degree felony (2 to 10 years, fine up to $10,000).
- $150,000 to less than $300,000: Second-degree felony (2 to 20 years, fine up to $10,000).
- $300,000 or more: First-degree felony (5 to 99 years or life, fine up to $10,000).
Credit and Debit Card Abuse — § 32.31
Use of a credit or debit card knowing the use is unauthorized. State jail felony on a standard charge, elevated to third-degree felony when the cardholder is an elderly individual.
Forgery — § 32.21
Making, altering, or passing a writing with intent to defraud or harm another. Punishment ranges from Class A misdemeanor to third-degree felony, with elevated punishment for forged checks, credit instruments, wills, contracts, deeds, or certain government documents.
Fraudulent Use or Possession of Identifying Information — § 32.51
The Texas identity theft statute. Punishment is based on the number of items of identifying information possessed: state jail felony for fewer than five items, third-degree for five to nine, second-degree for 10 to 49, and first-degree for 50 or more. Unlike many other theft-family offenses, this statute focuses on the number of identities, not the amount of harm.
Securing Execution of Document by Deception — § 32.46
Causing another to sign or execute any document affecting property, service, or pecuniary interest by deception. Punishment follows the theft ladder by amount.
Money Laundering — § 34.02
Knowingly acquiring, transferring, concealing, or otherwise handling funds that are the proceeds of criminal activity. The punishment ladder is driven by the amount: state jail felony ($2,500 to less than $30,000), third-degree ($30,000 to less than $150,000), second-degree ($150,000 to less than $300,000), and first-degree ($300,000 or more).
Commercial Bribery (§ 32.43) and Bribery (§ 36.02)
Commercial bribery under § 32.43 covers private-sector inducements in breach of a fiduciary or trust obligation. Bribery of a public servant under § 36.02 is a second-degree felony and covers offers to public officials in exchange for decisions or actions.
Insurance Fraud (§ 35.02) and Medicaid/Healthcare Fraud (§ 35A.02)
Specialized fraud statutes targeting misrepresentations in insurance claims and in applications for or receipt of Medicaid benefits. Both follow amount-based punishment ladders similar to theft.
Federal White-Collar Offenses
Serious white-collar cases (those involving interstate wires or the mails, federal programs, publicly traded companies, federally insured financial institutions, or federal tax obligations) are typically charged in federal court, with the following statutes doing most of the work:
Wire Fraud — 18 U.S.C. § 1343
A scheme to defraud, or to obtain money or property by false or fraudulent pretenses, that uses interstate wires (telephone, email, text message, wire transfer, internet). Maximum sentence of 20 years, increased to 30 years if the scheme affects a financial institution or occurs in connection with a declared major disaster or emergency.
Mail Fraud — § 1341
The same elements as wire fraud, but using the mails rather than the wires. Same 20-year maximum, same 30-year enhancement.
Bank Fraud — § 1344
A scheme to defraud a federally insured financial institution, or to obtain funds under the custody or control of such an institution by false pretenses. 30-year maximum.
Health Care Fraud — § 1347
Schemes involving Medicare, Medicaid, or private health care benefit programs. 10-year maximum, rising to 20 years if the offense causes serious bodily injury and to life imprisonment if it causes death.
Money Laundering — §§ 1956 and 1957
Section 1956 covers financial transactions designed to conceal the proceeds of specified unlawful activity or to promote that activity; 20-year maximum. Section 1957 covers transactions of more than $10,000 in criminally derived property; 10-year maximum.
Identity Theft and Aggravated Identity Theft — §§ 1028 and 1028A
Section 1028A is the aggravated identity theft statute, which imposes a mandatory two-year consecutive sentence for knowing use of another person’s means of identification during and in relation to specified felonies. The sentence runs on top of any sentence for the underlying fraud.
Securities Fraud — 15 U.S.C. §§ 78j(b) and 78ff
Material misstatements or omissions in connection with the purchase or sale of securities. 20-year maximum, $5 million fine for individuals.
Tax Evasion — 26 U.S.C. § 7201
Willfully attempting to evade or defeat tax. Up to 5 years per count and significant civil liabilities.
Federal Sentencing Guidelines — § 2B1.1
Federal white-collar cases are sentenced under the United States Sentencing Guidelines, principally § 2B1.1 (the fraud guideline). The driving factor is the “loss amount,” which sets the base offense level. Role adjustments, sophisticated means enhancements, victim enhancements, abuse of trust, and obstruction can all add substantial increments. Acceptance of responsibility and cooperation (§§ 3E1.1 and 5K1.1) are the principal downward drivers. A case with a modest statutory maximum can produce a heavy guideline range driven entirely by the loss amount.
Pre-Indictment Phase: Where White-Collar Cases Are Won
In most white-collar cases, the investigation is finished before the client ever knows it exists. Investigators have access to bank records, wire transfers, email accounts (through 2703(d) orders and search warrants), phone records, tax returns, and the testimony of former associates. By the time a target letter arrives, the government’s theory is largely formed. The defense window is narrow but meaningful.
- Target letters and subject letters. A target letter signals the government’s intent to seek an indictment; a subject letter indicates a person’s conduct is within the scope of the investigation but no charging decision has been made. Either letter is the moment to engage counsel and begin a coordinated response.
- Grand jury subpoenas. Rule 17 subpoenas for documents and testimony require careful privilege review before production. Former employers, banks, and accountants often receive subpoenas before the subject of the investigation knows anything.
- Search warrants. A search warrant of a home, office, or email account signals the government has already established probable cause. The response includes preservation of privilege, coordination with affected institutions, and early legal analysis of suppression issues.
- Proffer sessions / “Queen for a Day.” A proffer is a meeting with prosecutors conducted under a written agreement that limits the government’s later use of statements. Whether to proffer, when, and on what terms are among the most consequential decisions in the pre-indictment phase.
- Declinations and deferred prosecution. In appropriate cases, the government may decline to bring charges at all, or may agree to a deferred prosecution agreement or non-prosecution agreement. These outcomes are almost always the product of serious pre-indictment defense work.
Parallel Proceedings
A white-collar investigation is rarely just a criminal investigation. Cases routinely proceed on multiple tracks at once, and what is said or done on one track can prejudice the others:
- Civil litigation by victims, investors, insurance carriers, or employees.
- SEC enforcement actions (for securities-related conduct), including Wells notices and administrative proceedings.
- FINRA enforcement for licensed broker-dealers.
- DOJ, FBI, IRS-CI, U.S. Postal Inspectors, HHS/OIG, DOL-OIG, and Secret Service investigation, often coordinated.
- State licensing board proceedings for lawyers, doctors, nurses, accountants, real estate agents, and insurance producers.
- Texas State Securities Board, Texas Department of Insurance, and Texas Medicaid Fraud Control Unit on state-regulated conduct.
- IRS civil examination and collection, which can proceed in parallel with a criminal tax case.
Restitution, Forfeiture, and Collateral Consequences
- Restitution. Under the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A, restitution is mandatory in most federal fraud cases. Texas restitution under Code of Criminal Procedure Article 42.037 is similarly expansive. Restitution is enforceable as a civil judgment and is not dischargeable in bankruptcy.
- Forfeiture. Criminal forfeiture under 18 U.S.C. §§ 981 and 982 reaches proceeds, facilitating property, and substitute assets. Civil forfeiture under § 983 can proceed independently of any criminal case.
- Professional licensing. Every Texas and federal professional license is at risk following a white-collar conviction. The Texas State Bar, the Texas Medical Board, the Texas Board of Nursing, the CPA Board, the Real Estate Commission, and the Department of Insurance each have separate disciplinary proceedings.
- Exclusion from federal programs. Convictions under the healthcare-fraud statutes trigger automatic exclusion under 42 U.S.C. § 1320a-7(a) from participation in Medicare, Medicaid, and other federal programs for a minimum of five years.
- Employment and reputational harm. Background checks, FINRA BrokerCheck, and public court records make white-collar convictions permanently visible.
- Immigration. Many white-collar offenses qualify as “aggravated felonies” or “crimes involving moral turpitude” and trigger removability for non-citizens.
Where Dallas White-Collar Cases Are Heard
State white-collar cases in Dallas County are filed in the Dallas County Criminal District Courts at the Frank Crowley Courts Building, 133 N. Riverfront Boulevard. Federal white-collar cases covering the Dallas area are filed in the U.S. District Court for the Northern District of Texas, Dallas Division, at the Earle Cabell Federal Building, 1100 Commerce Street. The Northern District is home to the U.S. Attorney’s Office for the Northern District of Texas, which staffs a dedicated Fraud Section.
Frequently Asked Questions
I received a target letter. Am I being indicted?
A target letter indicates the U.S. Attorney’s Office views you as a likely subject of indictment. It is not itself an indictment, and in many cases the letter is followed by an opportunity to respond, to proffer, or to negotiate. The time between the letter and the indictment is the single most important window in a federal white-collar case.
Should I talk to the FBI agent who called me?
Not without counsel. Section 1001 of Title 18 makes it a felony to make any false statement to a federal officer, and a statement that seems innocuous at the time can become the predicate for a later charge. Agents are trained interviewers conducting a developed investigation. The right first step is a call to counsel before any conversation.
My bank gave my records to investigators without telling me. Can they do that?
Yes. The Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq., does not apply to most federal grand jury subpoenas, and state subpoenas proceed under state law. Banks routinely produce records in response to subpoenas without notifying the customer.
I want to cooperate. Will that help me?
Maybe. Cooperation can produce a non-prosecution agreement, a deferred prosecution agreement, or a substantial-assistance motion at sentencing under § 5K1.1. It can also produce charges based on the cooperator’s own statements. Cooperation decisions should be made with counsel, not in a vacuum, and the scope and timing of cooperation matter as much as the decision itself.
Can a federal case be resolved without a trial?
Most are. Pretrial diversion, pretrial intervention, plea agreements with binding guideline positions, deferred prosecution, and non-prosecution agreements are all available in appropriate cases. The right resolution depends on the case, the office, and the defendant’s history.
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About Deandra Grant Law
Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. Our white-collar practice pairs Texas state-court experience with Of Counsel James Lee Bright’s federal practice across all four Texas districts, the Fifth Circuit, and the Supreme Court.
James Lee Bright, Of Counsel — Federal White-Collar Defense
- National federal criminal defense practice, including white-collar, fraud, money laundering, and serious-felony cases
- Admitted to all four Texas federal districts (Northern, Eastern, Southern, and Western), the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States
- Experience across the full pre-indictment, trial, and appellate phases of federal white-collar practice
Deandra M. Grant, Managing Partner
- More than 30 years in practice, focused on criminal defense and DWI
- Former prosecutor
- J.D.; M.S. in Pharmaceutical Sciences
- Graduate Certificate in Forensic Toxicology
- ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
- Standardized Field Sobriety Test (SFST) Instructor
- Texas Super Lawyer since 2011
- Author of 17 law books including A First Offender’s Guide to Texas Criminal Courts
Douglas E. Huff, Partner
- ACS-CHAL Forensic Lawyer-Scientist
- Digital forensics and electronic evidence training
- Extensive North Texas trial experience
Contact Our Dallas White-Collar Defense Attorneys
The pre-indictment phase of a white-collar case is short and high-leverage. If you have received a target letter, a subject letter, a grand jury subpoena, a civil investigative demand, a Wells notice, or a request for an interview from a federal agent or state investigator, the time to involve counsel is now, not after the indictment.
Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and the Northern District of Texas from our Dallas office.
Frequently Asked Questions for Those Recently Arrested for White-Collar Crimes in Dallas, TX
If you have been recently arrested for a white-collar crime in Dallas, TX, it is natural to have many questions and concerns about your situation. At Deandra Grant Law – Criminal & DWI Defense, we understand the complexities of white-collar crime cases, and we are here to provide you with the information you need. Below are some frequently asked questions and their answers to help you better understand your situation:
What is considered a white-collar crime?
White-collar crimes refer to non-violent offenses typically committed by individuals or organizations for financial gain or to obtain some advantage. Common white-collar crimes include embezzlement, money laundering, fraud, bribery, and extortion or blackmail.
What are the potential penalties for a white-collar crime conviction in Dallas, TX?
Penalties for white-collar crimes can vary depending on the nature and severity of the offense. Convictions can result in fines, restitution, probation, and in some cases, imprisonment. Additionally, a conviction can have long-lasting effects on your reputation and future employment opportunities.
Should I talk to law enforcement without an attorney present?
No, it is essential to exercise your right to remain silent and refrain from speaking to law enforcement without first consulting with an experienced white-collar crime attorney. Anything you say can be used against you in court, even if you believe you are innocent.
How can a Dallas White-Collar Crime Lawyer from Deandra Grant Law – Criminal & DWI Defense help me?
Our skilled Dallas White-Collar Crime Lawyers can provide you with strategic legal representation, guiding you through the legal process and protecting your rights. We will conduct a thorough investigation, gather evidence, and build a strong defense to pursue a positive outcome for your case.
Is it possible to get my charges dropped or reduced?
While every case is unique, it may be possible to have your charges dropped or reduced with the help of an experienced attorney. Our team will explore all available legal options and work tirelessly to achieve the most favorable result for your case.
What if I made a mistake or was unaware of the illegal activity?
Even if you made a mistake or were unaware of the illegal activity, it is crucial to seek legal representation. A skilled attorney can assess the circumstances of your case and develop a defense strategy tailored to your specific situation.
How long does the white-collar crime legal process take?
The duration of a white-collar crime case can vary depending on its complexity and the court’s schedule. Some cases may be resolved relatively quickly, while others may take several months or even years. Rest assured that our attorneys will work efficiently to navigate the legal process as smoothly as possible.
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