Texas State Sentencing VII

OK, let's begin our discussion.

    Let's assume for the sake of this discussion that the person has been accused of, tried, and found guilty of insurance fraud and the claim is that the money defrauded was over $20,000 but less than $100,000.  According to the Penal Code of the State of Texas, this would mean that the individual was found guilty of a third degree felony (see previous posts).

    This would also mean, that all other factors aside, the person has a punishment range that is open to him of 2 years to 10 years in jail and a $10,000.00 fine (once again, see previous posts).  This is quite a large range of time for punishment.  Two years is rough, but it is small compared to 10 years. 

    The first item that stands out, therefore, in examining the difference between Federal sentencing and Texas State sentencing is right from the very beginning, the Federal sentencing guidelines are much more precise.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing VI

OK - we have seen the punishment range for the crime of insurance fraud in Texas.

     The penalty range is what is known as a "sliding scale."  The more money that is stolen, the greater the range of punishment for the crime.  This type of punishment range (sliding scale) is not unusual for theft/fraud type of cases.  The greater the amount of money that is stolen, the harsher the penalty range.  Obviously, the penalty range for a small amount of fraud (for example, under $50) will be much less than that for stealing $100,000.00.

     So, the first step for Texas crimes in terms of sentencing is to see if their is a "sliding scale" for punishment based on the amount of money stolen.  In the case of insurance fraud, a sliding scale is in effect so to determine the punishment range for the crime, the amount of money stolen must be computed.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing V

Before we proceed, I just realized that I need to discuss the felony and misdemeanor categorizations under Texas law.

A class 'C' misdemenor is punishable by up to a $500 fine
A class 'B' misdemeanor is punishable by up to 6 months in jail and/or a $2000 fine
A class 'A' misdemeanor is punishable by up to 1 year in jail and/or a $4000 fine
A state jail felony is punishable by up to 6 months to 2 years in jail and/or a $10,000 fine
A 3rd degree felony is punishable by up to 2 to 10 years in jail and/or a $10,000 fine
A 2nd degree felony is punishable by up to 2-20 years in jail and/or a $10,000 fine
A 1st degree felony is punishable by life or 5-99 years in jail and/or a $10,000 fine.

More discussion tommorrow.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing IV

Concluding with the Texas Penal Code Section 35.02

(c) An offense under Subsection (a) or (b) is:

1.  A class C misdemeanor if the value of the claim is less than $50
2.  A class B misdemeanor if the value of the claim is more than $50 but less than $500
3.  A class A misdemeanor if the value of the claim is more than $500 but less than $1500
4.  A state jail felony if the value of the claim is more than $1500 but less than $20,000
5.  A felony of the third degree if the value of the claim is more than $20,000 but less than $100,000
6.  A felony o fhte second degree if the value of the claim is more than $100,000 but less than $200,000
7.  A felony of the first degree if the value of the claim is $200,000 or more or (a) an act committed in connection with the offense places a person at risk of death or serious bodily injury.

   So - there is a WIDE variety of punishment based on the amount of the insurance fraud.  We will discuss more tommorrow

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing III

Continuing with Texas Penal Code Section 35.02

35.02(b)

A person commits the offense if, with intent to defraud or deceive an insurer, the person solicits, offers, pays or receives  a benefit in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy.

35.02(c) discusses punishment and we will examine this tommorrow.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing II

We are talking about the definition of "Insurance Fraud" as per the laws of the State of Texas.

     Chapter 35.02 of the Texas Penal Code states:

      "A person commits an offense if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy:

1.  Prepares or causes to be prepared a statement that:

(A) the person knows contains a false or misleading material information

(B) is presented to an insurer or

(2)  presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing I

OK - as promised, we will spend the next few blogpost talking about criminal sentencing in the State of Texas.  I am only licensed in the state of Texas to practice law (besides Federal practice) so I can only comment on Texas state law.  The standard disclaimer I always give is to consult with an attorney in your own state if you have any questions regarding the law in that state.

      Let's start with a crime for which our hypothetical person may be convicted in Texas.  Since this blog discusses fraud and white collar crime, we of course will limit it to this field. 

     As we begin to discuss white collar crime in Texas, however, keep in mind that we will see that the sentencing guidelines are far more flexible than the Federal sentencing guidelines we discussed earlier.  One of the few advantages of a Federal crime is that an attorney has the ability to tell a client more specifically what they are facing.

   Chapter 35 of the Texas Penal Code discusses insurance fraud.  Therefore, let's examine the crime of insurance fraud. 

   The definition of insurance fraud is somewhat lengthy, so we will discuss this tommorrow. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Interludes - American Greed

We will be discussing State sentencing beginning tommorrow.

     For my American readers, however, I just want to point out that the new season of American Greed begins on CNBC.  This show, along with its counterpart, American Greed - The Fugitives, is one of the best shows for examining and discussing fraud and white-collar crime.  It is one of the best sources (certainly on TV and certainly for a non-academic source) for learning about fraud and more importantly, the case history behind some of the biggest fraud stories in the United States.

    No, I don't get a reimbursement from CNBC for this shameless plug.  Unfortunately. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Bank Embezzlement in the Northern District

Bank Embezzlement in the Northern District of Texas

http://www.justice.gov/usao/txn/PressRelease/2013/FEB2013/feb1wright_donnie_embezzlement_plea.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Tax Evasion in the Northern District

Tax Evasion in the Northern District of Texas

http://www.justice.gov/usao/txn/PressRelease/2013/FEB2013/feb7lake_larry_tax_evasion_conv.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Stock manipulation in Southern California

Although I normally just focus on Texas news, some news items are just too good to pass up.

http://news.yahoo.com/15-charged-calif-stock-manipulation-015917951.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Identity Theft in the Eastern District

Identity Theft in the Eastern District of Texas

http://www.justice.gov/usao/txe/News/2013/edtx-wcc-rojas-012913.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Health Care and Tax Fraud in the Eastern District

Health Care Fraud and Tax Fraud in the Eastern District of Texas

http://www.justice.gov/usao/txe/News/2013/edtx-hcf-gallentine-020113.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Bank Fraud in the Eastern District

Bank Fraud in the Eastern District of Texas

http://www.justice.gov/usao/txe/News/2013/edtx-wcc-mccullars-020613.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Ponzi scheme in the Southern District

To my readers - took a few days off because of work and travel.  But, now back to the fun world of fraud and white-collar crime!

http://www.justice.gov/usao/txs/1News/Releases/2013%20February/130207%20-%20Bjork.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Disaster Fraud in the Southern District

Disaster Fraud in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20February/130205%20-%20Rohacek.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Bank fraud in the Southern District

Bank Fraud in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20February/130201%20-%20Gu.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines IX

Well, this is the end of the very, very brief overview of the Federal Sentencing Guidelines.  I hope you found it useful.

     Keep in mind that although we tend to talk about the "big ticket" fraud cases that appear in Federal Court, the vast majority of fraud cases are handled through the State systems.  Cases such as Bernie Madoff and Allan Stanford, which grab all the headlines, are prosecuted through the Federal courts btu they are not alone.  The various State systems handle many more cases.

     For the next series of postings, therefore, we will talk about Texas state law when it comes to sentencing. As stated several times in this series of posts, Texas guidelines are far less exact than Federal guidelines.  This is both positive and negative.  Federal guidelines do allow an attorney to tell his client what he is facing which is very important when discussing plea bargains.  However, State crimes and sentencing do allow for more flexibility.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines VIII

So - we have seen that the Guidelines are precise (or at least precise for the practice of law).  An attorney can tell a client the time that he is facing.  In addition, the guidelines also offer the advantage in that the specific offense and the criminal history can be easily identified (which is not often the case with State criminal court, especially Texas State criminal courts).

      But, as also explained, their are exceptions to the guidelines.  And, before we conclude our discussion on the Federal Sentencing Guidelines, there is one more issue we need to discuss.

     In 2005, the United States Supreme Court decided the extremely important case of United States of America v. Booker.  The decision was that the guidelines are just that - guidelines, and are not mandatory.  This means that a judge (Federal judge of course) can depart from the guidelines.

     Here is Wikipedia's overview of the case: http://en.wikipedia.org/wiki/United_States_v._Booker

     This means that although an attorney can tell his client what he is facing, the previous level of certainty (before 2005) no longer exists. 

     Once again, the sentencing in the Federal system is very exact compared with most State systems (readers will note in an earlier post where the penalties for a second degree felony in Texas ranged from 2-20 years). 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk