Mallett Saper LLP NATIONALLY KNOWN CRIMINAL DEFENSE ATTORNEYS ON YOUR SIDE 2026-05-12T14:46:28Z https://www.msblawyers.com/feed/atom/ WordPress On Behalf of Mallett Saper LLP <![CDATA[Financial fraud allegations can upend your life]]> https://www.msblawyers.com/?p=47056 2022-11-02T06:13:41Z 2020-11-17T23:08:37Z Financial fraud can involve a wide range of criminal charges “Financial fraud” is a catch-all term that can refer to a broad range of criminal charges, including:
  • Internal theft
  • Money laundering
  • Illegal kickbacks
  • Embezzlement
Some charges carry more serious potential consequences than others. For example, if the alleged criminal activity crossed state lines, you will probably be facing federal criminal charges. However, even state charges are just as serious. A conviction at either the federal or state level is likely to result in significant fines and a possible prison sentence.

Don’t delay taking action

Fraud allegations may come about for many reasons. The underlying accusation may stem from a misunderstanding. You could be the target of a campaign designed to undermine your business or your reputation. Regardless of the circumstances surrounding your situation, as soon as you hear of an investigation, you should take action. Don’t give in to the temptation to address or explain the allegations made against you. Seeking advice from legal counsel does not make you guilty. You have rights. A skilled legal professional can help you protect those rights while working to build you an effective defense against financial fraud charges.]]> On Behalf of Mallett Saper LLP <![CDATA[Are white-collar crimes always charged at the federal level?]]> https://www.msblawyers.com/?p=47053 2022-08-23T04:07:54Z 2020-11-04T21:18:14Z Interstate commerce and the authority of the feds The U.S. Constitution grants the federal government the authority to look into white-collar criminal activity. This authority comes from clauses addressing interstate commerce. Most white-collar crimes involve financial transactions. The financial system is global. It’s easy for alleged white-collar criminal behavior to cross state lines. For example, let’s say a person embezzled funds in Texas. They deposited those funds in a bank account in California. The transaction crossed state lines. As such, the feds would have the power to investigate and charge the crime at the federal level. If an alleged crime involves the use of wire transfers, the U.S. Post Office, or investors in other states, you can guarantee that the federal government will be paying close attention to the investigation.

Is a federal charge more serious than a state charge?

You need to take any criminal charge seriously. A conviction at either the state or federal level will carry burdensome consequences. The biggest difference is that the federal government has significantly more resources at its disposal. Also, the potential penalties under a federal charge can be more severe than those you might face under a state charge. Regardless of the type of white-collar crime you are being accused of, it’s essential to work with legal professionals who have the experience to defend you in these types of complex matters effectively. It’s crucial for you to take early action. If you believe that you might be under investigation, seek legal counsel as soon as possible.]]> On Behalf of Mallett Saper LLP <![CDATA[Remember these things when interacting with police]]> https://www.msblawyers.com/?p=47042 2025-11-07T22:08:28Z 2020-08-04T13:30:20Z
  • You have the right to remain silent – Just because a police officer asks you questions does not mean you have to answer. You can simply say something like, “I want to exercise my right to remain silent.” On the other hand, if you are sure that you are only a witness, or you are a crime victim, you may want to help by giving truthful and complete information. Either way, as explained below, a lawyer may be helpful.
  • Anything you say can show up in court – One main reason that you may assert your right to silence is, as stated in the Miranda Rights, “anything you say can and will be used against you in a court of law.” While it may be instinctive to try and defend yourself, it is often better to hold your tongue. Many police today wear shoulder microphones and body cameras. When they ask questions, they are aware that the conversation could be used as recorded evidence: they are, in fact, creating evidence with their recordings. If you make a different statement later, an inconsistent statement, the recording can be used against you.
  • Federal Bureau of Investigation (FBI) policy – always use two or more officers to investigate and never record anything. That way, if there is a dispute about what you said, it is your word against two FBI agents. This policy started when J. Edgar Hoover was Director of the FBI.
  • Lying to a government official about an important fact can be charged as a crime – Just like you may want to jump in and explain things to law enforcement, it can be easy to deny the truth or make up excuses. However, even if you are innocent of the crimes they are investigating, they may be able to charge you for lying or intentionally obstructing an investigation. It is sometimes best to not say anything. “Silence” is not obstruction of justice.
  • You can wait for your attorney – Your right to remain silent is meant to give you time to ask for and contact or retain and benefit from an attorney’s presence and advice. Waiting is usually wise because a lawyer will be able and help you answer questions and determine your best strategy. You may ask the officers for a card, a name, and the telephone number to give to an attorney. Unless there is an emergency, most officers will cooperate with this request.
  • You may be free to leave – While the police may want you to stay put while they ask questions, they do not always have the right to hold you. If you are not under arrest and there is not “reasonable” suspicion to justify continued detention, you may leave or close the door and politely terminate the meeting. Calmly ask the officers, “Am I free to leave?” If they say, “yes,” then you may leave and contact a lawyer, who may then contact the police on your behalf. If they say “No,” then you probably should only say that you want a lawyer.
  • Law Enforcement Agents can lie – While it is usually illegal for you to lie to the police, they can lie to you. Many often do lie in an investigation, to get you to start talking. Later, any false statement that you make can be used against you, if only to prove that you are not a truthful person and not worthy of belief if a different story is told by others.
  • The police cannot offer you a “deal.” Only a prosecutor can bind the State or the federal government to a promise of leniency. An officer’s promise that your cooperation will result in reduced time or charges is unenforceable. “Deals” are only negotiated between your lawyer and the prosecutor and have to be approved by a judge.
  • Do not believe everything that the police say.
    • Remember that as a civilian you have certain Constitutional rights, meant to protect everyone from police misconduct, and you from incriminating yourself. Be careful to exercise those rights. It is often best to consult an attorney before doing or saying anything that might affect your freedom and your family; or your money and your property.]]>         On Behalf of Mallett Saper LLP <![CDATA[What is Medicaid fraud?]]> https://www.msblawyers.com/?p=46972 2022-08-23T04:08:10Z 2020-05-05T18:40:36Z The anatomy of a fraud charge Health Care Fraud is not limited to care providers. For example, Texas law protects its Medicaid funds through the Texas Medical Fraud Protection Act (TMFPA). Patients can be charged in both Texas and federal courts with Medicaid fraud by identification card sharing with someone who is not eligible for benefits, as well as by collusion with service providers to file false claims for reimbursement. Given the volume of patients and cases that physicians take on, many practices are vulnerable to a wide variety of fraud charges. Medicare and Medicaid are only two examples of where these sorts of accusations may occur:
    • Unnecessary services of items: Submitting claims for unnecessary and unneeded medical services or items.
    • Services not provided: Billing for services not provided.
    • Prescription fraud and drug diversion: Writing unneeded prescriptions, altering or forging prescriptions; and helping “patients” obtain drugs to sell and not for personal use.
    • Kickbacks: Payments for recruiting patients and for other referrals for medical services and items.
    • Doctor shopping: using slightly different names to get multiple and excessive prescriptions.
    • Federal income tax evasion: particularly, when providing “cash only” medical services.
    • Conspiracy to commit any of the above, and other offenses.

    Supporting both patient health and your business

    There sometimes is a fine line between operating a thriving practice and what may appear to be illegal business activity. Success may breed suspicion. If you are investigated for Health Care fraud, contact an attorney with experience in these cases to guide you. For example, [nap_phone id="LOCAL-REGULAR-NUMBER-2"].]]>         On Behalf of Mallett Saper LLP <![CDATA[How do federal sentencing guidelines work?]]> https://www.msblawyers.com/?p=45990 2022-08-23T04:08:17Z 2020-01-14T15:23:14Z federal sentencing guidelines may impact your case. This highlighted link gives additional information but is no substitute for legal evaluation and advice that is applied to your specific case. Base offense levels and characteristics Each federal crime has a designated base offense number. The higher the number, the higher the penalty. Each offense also has described characteristics that may increase this base number and thus increase the person’s potential penalties if convicted. For example, the base offense level for robbery is 20. If the person showed a firearm during the offense, the number can be increased to 25, and increased to 27 if he or she discharged or brandished or used the weapon to intimidate a victim during the robbery. There is also a separate firearms statute that can be enforced to require a mandatory term of 7 years to life imprisonment, to be served consecutively to the underlying robbery. "White collar" punishments increase with the amount of money, the number of victims and whether public institutions were harmed. When a person is convicted of more than one crime, the guidelines provide special rules for multiple counts of conviction, starting with the most serious offense and going up from there. Adjustments In addition to the range of offense numbers for each specific crime, certain adjustments can apply to any offense. For example, obstruction of justice adds two offense levels to any charge, as does committing a crime against a vulnerable person such as a minor or disabled individual; or for committing an offense while on bail, community supervision or parole. Conversely, some adjustments decrease the offense level. If you played only a minor role in a crime you may receive a decrease of two offense levels. If you accept responsibility for your offense, you also may expect to receive a two or three level reduction. If you give substantial assistance to the prosecutors, the sentence is usually reduced. Determining the sentence range Offenders receive a classification from I (least severe) to VI (most severe) depending on their criminal history. The calculation of a “Criminal History Category” is complicated. The sentencing table compares the offense level with the person’s criminal history category to indicate and advise the court about the final sentence. Often, federal judges impose sentences that goes above or below the guidelines. Prosecutors and defense lawyer argue, unless they agree, about whether a case has aggravating or mitigating circumstances that take it out of the “heartland” of the Sentencing Guidelines.]]>