Fraud Charge Attorney – Gary Miller
Broadly speaking, a “fraud” is committed when a person or business organization deliberately uses false or misleading information for the purpose of personal gain or to cause some damage to another individual or group. By this definition, there is no absolute requirement that money or real property be exchanged in order to qualify as a fraudulent transaction. In fact, many allegations of fraud are related to alleged misrepresentation of one’s academic background or professional licenses and qualifications. Attorney Gary Miller is experienced in defending fraud charges. Call today for a free consultation at 713-866-6233
Fraud and the Texas Penal Code
In Texas, the State Penal Code defines almost 1,000 specific acts as fraudulent. Depending on the amount of money or the value of property involved in an alleged fraud, the crime may be punishable as a misdemeanor or a felony. In addition to criminal penalties, fraud may also result in a civil lawsuit to recover damages. Some common examples the State of Texas may consider to be fraud are:
- Knowingly issue a check that is drawn on an account with insufficient funds to “cover” that check
- Alter the odometer of a motor vehicle
- Misrepresent one’s academic background for the purposes of obtaining employment or obtaining a required professional license
- Offer unauthorized inducements on behalf of a college to assist that institution in the recruitment of an athlete
Defenses against Allegations of Fraud
To prove an allegation of criminal fraud, the state prosecutor must establish that certain actions and intents were present at the time the alleged fraud took place. To be prosecuted as fraud under the Texas Penal Code, the State must prove that there was:
- A violation of a specific section of the State Penal Code – The mere fact that one gained an advantage over another or “came out ahead” in a business transaction is not sufficient to bring fraud charges. There must be a specific violation of the law.
- A deliberate intent to deceive or mislead – The accused must have knowing presented information that was known to be untrue or misleading in order to induce another party to enter into a transaction.
- A financial or property loss was incurred as a result of the transaction – If there is no provable loss to another party then no crime has been committed. However, the exact definition of a “loss” is sometimes subject to the court’s interpretation of the law.
How a Fraud Attorney Can Help
The Texas laws concerning criminal fraud are very complex and can expose the accused to severe penalties upon conviction. At the same time, the burden of proof demanded for prosecution of fraud is strict and in many cases may be defended against on the grounds of lack of intent to commit a fraudulent act. To mount a proper legal defense against such charges will require the services of an attorney experienced in fraud defense.
Contact Attorney Gary Miller
Allegations of fraud can be complex and thus require the attention of experienced trial lawyers if such charges are to be refuted in court. Attorney Gary Miller has years of experience in criminal law to provide his clients with legal representation against a variety of fraud charges and complaints.
To ensure your best legal representation against allegations of fraud, contact the Miller Law Group, PLLC at 713-866-6233 to arrange for a free consultation.