Experienced San Antonio Fraud Defense Lawyer
Facing fraud charges in San Antonio or anywhere in Texas can be overwhelming. Accusations of fraud typically involve deception for financial or personal gain, and a conviction can result in severe penalties. It’s crucial to have a knowledgeable fraud defense attorney on your side to protect your rights.
At the Law Offices of Anthony B. Cantrell, we have decades of experience defending clients against fraud charges throughout Texas. Our firm has been providing skilled and aggressive representation since 1989.
What is Fraud?
Fraud is defined as “a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.” The injury in fraud is usually depriving a person of money or other property that rightfully belongs to that person. Fraud crimes are classified according to the type of transaction in which the deception occurred.
Fraud is a serious and broadly defined criminal offense. Criminal fraud is a charge that can be brought against a business, as well as against an individual (a business cannot be put in prison, but it can be hit with substantial fines). A charge of fraud — let alone a conviction — can seriously damage the reputation of a person or company. Zealous legal representation is critical in fraud cases, as in all criminal cases, so it is critical for an accused to seek help from a white collar criminal defense attorney as soon as possible. Contact Law Offices of Anthony B. Cantrell in San Antonio today to schedule a consultation with a criminal defense lawyer.
Types Of Fraud Cases We Handle
We represent clients in a variety of fraud cases, offering a strong defense against a range of charges. Some of the most common types of fraud we handle include:
- Bank fraud
- Mail and wire fraud
- Credit card fraud
- Securities fraud
- Tax fraud
- Telemarketing fraud
- Computer fraud
- Health Care fraud (including Medicare and Medicaid)
- Insurance fraud
No matter the fraud charge you’re facing, we are prepared to defend your rights and provide you with the strongest possible legal defense.
What is Bank Fraud?
The federal bank fraud statute (18 U.S.C. § 1344. Bank fraud) was passed in response to a sharp increase in financial fraud in the early 1980s. The bank fraud statute makes it a crime to “knowingly execute, or attempt to execute, a scheme or artifice to defraud a financial institution, or to obtain property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.”
What is Mail Fraud?
The federal mail fraud statute (18 U.S.C. § 1341. Frauds and swindles) can be used against a wide variety of crimes. Mail fraud requires proof of four elements: a scheme devised or intending to defraud or for obtaining money or property by fraudulent means; intent; materiality; and use of or causing to use the mails in furtherance of the fraudulent scheme. The actual mailing does not have to be fraudulent, it just needs to be in furtherance of a scheme to defraud. Use of the mails does not need to be an essential element of the scheme; it is sufficient if the mailings are incident to an essential part of the scheme. The scheme to defraud element covers a wide variety of frauds including insurance fraud, medical fraud, credit card fraud and securities fraud.
What is Wire Fraud?
The federal wire fraud statute (18 U.S.C. § 1343. Fraud by wire, radio, or television) functions parallel to the mail fraud statute. The elements of wire fraud are essentially the same as mail fraud, except wire fraud requires a transmittal interstate or foreign commerce by means of wire, radio or television communication of writings, signs, signals, pictures or sounds, instead of use of the mails. There is no requirement that the defendant knew or foresaw that the transmission would go interstate, only that it did.
What is Securities Fraud?
Securities fraud (18 U.S.C. § 1348. Securities and commodities fraud) is the intentional deception of investors, resulting in financial gain. Anyone who offers, buys or sells securities such as stocks, notes and bonds is subject to securities laws. A corporation can be liable for securities fraud if it submits false information about its financial status to the public. Analysts, who must act in good faith and put their clients’ interests first, can be liable for securities fraud if they have a conflict of interest. Analysts can also be liable if they engage in a “pump and dump” scheme (a scheme in which they make sales calls pitching a stock in an effort to increase demand for it and drive the price up so that shares can then be sold for a quick profit).
Insider trading is one of the more common types of securities fraud. The markets for publicly traded securities operate on the notion that no one trader is supposed to have an advantage over another trader. All trading is supposed to be based on information available equally to all participants. Insider trading is when a person who has information not available to the general public that could affect the price of a company’s stock — an “insider” — uses that inside information to make trades in securities. The inside information may be about a company the insider works for, or owns stock in, or it may be about a related company. Inside information could also be something you learn about a company you have no connection with, but that you learned from someone else — a “hot tip” from an insider. The essential thing about inside information is that it is something the public at large does not know.
Insider trading cases often involve traders who are employees, officers or directors of a company. They also may involve professionals who work closely with a company, and who are in a position to know confidential details about a company, such as accountants, attorneys, brokers or investment bankers. Insider trading charges also may be brought against traders who are not insiders, but who receive advice or information from insiders. Examples of this type of trader include other clients, customers or even the family members of an insider.
What Are The Fraud Laws In San Antonio And Texas?
Fraud in Texas is prosecuted under both state and federal laws, and serious consequences can result, such as fines, restitution and prison time. At the Law Offices of Anthony B. Cantrell, we will walk you through the legal process, keeping you informed about the relevant laws and what to expect at every stage of your case.
What Are Possible Consequences Of Fraud Charges?
Fraud convictions can bring severe penalties, including imprisonment, fines and repayment to victims. Beyond legal punishment, these charges can harm your professional reputation and personal life. We are dedicated to minimizing these long-term impacts.
What Are Some Defense Strategies For Fraud?
We develop personalized defense strategies for each fraud case, using methods such as challenging evidence, proving a lack of intent and highlighting investigative errors. Our goal is to craft a defense that gives you the best chance of success.
Accused of Fraud? Speak to an Experienced Criminal Defense Lawyer
A charge of fraud carries not only the threat of severe punishment, but even mere accusations of fraud can have harsh reverberating effects throughout the defendant’s personal life. Fraud charges can taint the reputation of a person or a business for a long time after the formal criminal charges have been dealt with. If you or someone you know has been accused of criminal fraud, now is the time to consult with an experienced white collar criminal defense lawyer.
Our San Antonio fraud defense attorney at the Law Offices of Anthony B. Cantrell has decades of experience in fraud cases and is committed to providing aggressive and personalized representation. We understand the complexities of fraud charges and will fight to protect your rights. For a confidential consultation, contact us online or call us at 210-888-9653.