Houston Fraud Defense Lawyer | Fight Fraud Charges In Harris County

Fight Serious Fraud Charges in Harris County with Experienced Legal Representation.

Learning that you are the subject of a fraud investigation is heart wrenching. Our Houston, TX theft defense law office sees fraud cases all of the time, and so we understand the extreme stress that you are probably under right now. Unfortunately, your stress is warranted — a fraud conviction could change your life forever, and the change would not be positive. Fraud charges in Harris County are taken very seriously and aggressively prosecuted.

However, we do want to help to reduce your stress as much as possible so that you can think clearly and take the steps that you need to take in order to bring this matter to the best possible conclusion. That’s why we’ve put together this definitive guide. When you are armed with information you can make better, more informed choices about how to proceed. You need to secure an attorney the moment you suspect you are being investigated for any type of fraud. Do not wait until you’ve been indicted for the crime.

Understanding Fraud Charges in Texas

Fraud in Texas generally involves obtaining property, services, or money through deception or misrepresentation. Unlike simple theft, fraud often centers on tricking or misleading someone into giving up something of value. According to Texas law, various statutes cover different types of fraudulent activity. The specific law you are accused of violating will depend on the nature of the alleged deceptive act and what was obtained.

Key Elements of Fraud

While the specific elements vary by the type of fraud charge, common threads often include:

A material misrepresentation or omission.
Knowledge that the representation was false or made recklessly without knowledge of its truth.
Intent to deceive or defraud.
Reliance on the misrepresentation by the victim.
Resulting loss or harm to the victim.

Understanding these elements under Texas law is crucial to defending against a fraud accusation.

Types of Fraud Cases We Defend

Fraud is a broad category encompassing many different types of deceptive crimes. Our firm defends clients against a variety of fraud allegations in Houston and Harris County, including:

Common Types of Fraud in Texas

Identity Theft: Wrongfully obtaining and using someone else’s personal information for financial gain. In Texas, you can be accused merely for possessing identifying information belonging to three or more people.
Health Care Fraud: Individuals or health care workers trying to obtain medical services or payments through false pretenses (e.g., lying on applications, double billing, billing for unperformed services).
Bank Fraud: Using false or misleading information to obtain benefits from a financial institution, such as lying on a loan application or using counterfeit documents.
Mail and Wire Fraud: Using mail service, telephone, or the Internet to trick people into giving you money or property. These are often prosecuted as federal crimes.
Securities Fraud: Presenting false information to investors to sell stocks, bonds, or commodities. These allegations are typically levied against brokers, investment firms, and others in positions to sell securities, and are most often prosecuted as federal crimes.
Check and Credit Card Fraud: Activities such as forging checks, purposefully using expired/invalid credit cards, or knowingly issuing checks from accounts with insufficient funds (“theft by check”). You can be accused simply for possessing a fraudulent credit card with intent to use it.
Insurance Fraud: Committing deceptive acts related to insurance claims (e.g., padding claims, faking accidents) or applications.
Bankruptcy Fraud: Deceptive acts committed during a bankruptcy case, such as hiding assets or making false statements on documents.

What to Do Once You Are Accused of Fraud

You need to secure an attorney the moment you suspect you are being investigated for any type of fraud. Do not wait until you’ve been indicted for the crime.

You will also want to refer any investigators to your Houston fraud attorney once you have retained one. Often, insurance agencies or other parties will have internal investigators begin asking questions prior to the involvement of law enforcement officials. We often see clients getting into trouble because they give these investigators confused or conflicting information while they are flustered or stressed. It’s very easy for a prosecutor to use these discrepancies against you later on. Your best bet is to say as little as possible while allowing your attorney to handle the matter.

Follow your attorney’s advice to the letter, and obtain any and all documents as you are requested to do so. Your attorney won’t ask you for anything that isn’t absolutely vital to your defense. Get this information to your attorney promptly.

Suspect you’re under investigation? Contact a Houston fraud attorney immediately.

Consequences of a Fraud Conviction

The consequences of any fraud conviction are dire, though the specifics will certainly depend upon the type of fraud you are accused of; as well as the extent of the fraud and the unique nature of your case. Penalties can range from misdemeanors to serious felonies, with potential fines up to $10,000 (for state charges) or significantly higher (for federal charges), and prison sentences ranging from months to decades or even life.

Potential Criminal Penalties

Based on the type and value of the fraud, potential criminal penalties under Texas law can align with the standard theft penalties by value (see Theft Penalties Explained) or have specific penalties defined by the particular fraud statute. Federal fraud penalties are often more severe.

Common penalties involve fines, jail time, being required to pay restitution, and the loss of assets (especially if you can’t pay court ordered restitution).

Collateral Consequences

In addition to criminal penalties, a fraud conviction can have significant and lasting collateral consequences:

Loss of professional licenses (e.g., for doctors, lawyers, accountants, real estate agents).
Difficulty finding employment, particularly in finance or positions of trust.
Difficulty securing loans or credit.
Damage to your reputation.
For non-citizens, severe immigration consequences.
In some cases, a fraud case may even lead to other criminal penalties. For example, if you are involved in a medical fraud case involving the resale of prescription drugs then you might well find yourself facing drug trafficking charges in addition to medical fraud charges.

Understand the consequences of a fraud conviction. Contact a Houston attorney.

Building Your Defense Against Fraud Allegations

Building an effective defense against fraud charges requires a detailed understanding of the specific type of fraud alleged, the evidence involved (which often includes complex financial documentation), and the intent of the accused.

Possible Defense Strategies

There are several defenses we can use depending on the specific allegations. Possible defense strategies for fraud charges in Texas can include:

Lack of Intent: Arguing that you made an honest mistake or did not have the deliberate intention to deceive or defraud.
Mistake of Fact: Proving that a vital element of the prosecution’s case is incorrect due to a misunderstanding or factual error on your part.
Lack of Knowledge: Arguing you were unaware the information was false or the activity was fraudulent.
Insufficient Evidence: Challenging whether the prosecution has met their burden of proving every element of the charge, particularly intent or knowledge.
Incapacity: In some cases, demonstrating that your judgment was genuinely impaired by mental illness or age-based senility at the time of the alleged offense.
False Accusations: Presenting evidence that the allegations are untrue or made with malicious intent.

A Houston fraud attorney can fully investigate the matter to help ensure that you are well-prepared for the upcoming trial. Often, it becomes necessary to hire experts to pour through mountains of paperwork and documentation in order to examine it for opportunities which can be used in the crafting of your defense. You will miss those opportunities if you do not work with your theft lawyer to provide the necessary information.

Build Your Defense Against Fraud Charges. Contact Our Houston Office.

Why Choose Lisa Shapiro Strauss for Fraud Defense?

When you are the subject of a fraud investigation or facing fraud charges in Houston or Harris County, you need an attorney with specific experience in these complex cases and a deep understanding of the local legal system. Lisa Shapiro Strauss offers the critical qualifications to defend you.

The Former Prosecutor Advantage

Lisa Shapiro Strauss is a Former Prosecutor, so she knows exactly what it takes to mount an outstanding fraud defense. Her background provides invaluable insight into how the State approaches and prosecutes fraud cases. She understands the types of evidence the Harris County District Attorney’s Office will emphasize and the strategies they employ to prove intent and deception. This insider knowledge is a significant advantage in anticipating their moves and building a more effective defense strategy for you in a Houston courtroom.

Extensive Experience in Fraud Cases

With Over 25 Years of Experience as a criminal defense attorney, Lisa has successfully defended clients against complex fraud charges, including identity theft, check fraud, and other deceptive offenses. She understands the nuances of investigating and defending these cases.

Local Knowledge of Harris County Courts

Her extensive practice specifically in Harris County courts means she is intimately familiar with the judges, prosecutors, and procedures that will impact your case. This local knowledge is invaluable in navigating the legal process efficiently and effectively on your behalf.

Discuss Your Fraud Case with Lisa Strauss.

Frequently Asked Questions About Fraud Charges

Facing fraud charges can lead to many complex questions. Here are answers to some frequently asked questions:

What is the difference between fraud and theft in Texas?

While related, theft usually involves taking property without consent, whereas fraud involves obtaining property, services, or money through deception or misrepresentation. Some actions, like theft by check or credit card abuse, are specifically defined as fraud under Texas law but are also considered theft crimes.

Are all fraud charges felonies in Texas?

No, the severity of a fraud charge in Texas can range from a misdemeanor to a felony, often depending on the value of the money or property obtained, or the specific type of fraud alleged (e.g., certain identity theft or credit card fraud offenses are felonies regardless of initial value).

Can I be charged with fraud if it was an honest mistake?

To be convicted of most fraud charges, the prosecution must prove you had the intent to deceive or defraud. If you made an honest mistake and lacked the required criminal intent, this can be a defense.

How do fraud charges relate to identity theft in Texas?

In Texas, theft becomes a felony when the value of the stolen property is $2,500 or Identity theft is a specific type of fraud under Texas law, involving the misuse of someone else’s personal identifying information. It is generally prosecuted as a felony and carries significant penalties based on the number of items stolen or possessed.

Are federal fraud charges different from state charges?

Yes. Federal fraud charges are brought by the U.S. government and involve violations of federal law, often for activities crossing state lines (like mail or wire fraud) or involving federal institutions (like bank fraud). Penalties are often more severe than state charges. We can represent clients in both state and federal court.

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Harris County Fraud Charge Case Results

Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in complex fraud cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing fraud charges in Houston and Harris County.

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Get Help from a Houston Fraud Attorney.

Learning that you are the subject of a fraud investigation or have been charged with fraud in Houston or Harris County can be terrifying. The potential consequences are dire, impacting your professional licenses, employment, and freedom. Starting early is the key, which is why you will want to contact our office right away.

Lisa Shapiro Strauss is an experienced Houston fraud attorney who understands the complexities of these cases. With her background as a Former Prosecutor, she knows exactly what it takes to mount an outstanding fraud defense.

If you need assistance from a Houston fraud attorney, contact us today for a free consultation. The faster we can get to work building a case, the better prepared we will be to help you positively resolve your case.

Schedule Your Free Consultation Regarding Fraud Charges

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