Thursday, February 21, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Tuesday, February 19, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Monday, February 18, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Sunday, February 17, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Friday, February 15, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Thursday, February 14, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Wednesday, February 13, 2013

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.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk