Do you need a fraud attorney in Texas? We invite you to contact Dyer & Libby Attorneys at Law if you have been charged with fraud, theft, robbery, shoplifting or any other white collar crimes such as racketeering, money laundering, forgery, extortion, false reporting. We have skilled criminal defense attorneys well versed in all areas of criminal law.
Dyer & Libby Attorneys at Law offer aggressive defense for fraud, theft and other white collar crimes. We practice law in all justice, city, state and federal courts anywhere in the State of Texas. We take pride in being knowledgeable in all areas of interviewing, investigation and forensic sciences that can be used to support a defense against a criminal allegation. If your defense can be supported through scientific testing, we will use this extensive proficiency to your benefit!
When you hire Dyer & Libby, we assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. If we can demonstrate that the police coerced you into making a confession or incriminating statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of them. If you are in custody and request to speak to your attorney, but are denied and questioning continues, we will use this defense to your advantage. Other defenses may include challenging the validity of search warrants or whether there were any forensic flaws during the investigation of your case. Lastly, one of the most common defense tactics we employ is exposing sloppy or misleading police reports.
Some of the White Collar Crimes we defend against include:
These are illegal enterprises carried on for profit. They occur when a person creates a scheme or artifice to defraud, and knowingly obtains a benefit by means of false or fraudulent pretenses, representations, promises or material omissions.
Possible Defenses for Fraudulent Schemes
The key to successfully defending a charge of a fraudulent scheme is to show that the defendant did not “knowingly” defraud anyone. This can be accomplished in several ways such as presenting evidence that the defendant never created any scheme to obtain a fraudulent benefit from another person. Any benefit that was received by the defendant was either through the consent of the alleged victim, on a mutual misunderstanding between the victim and defendant, or lastly that there was no benefit to the defendant and therefore no case. In order to present a strong defense, it is important to thoroughly investigate all of the aspects of the case. Dyer & Libby will interview the alleged victim to identify any inconsistencies in their version of events. We will also interview any other witnesses and assert a wide range of applicable defenses and challenges to constitutional violations that apply in these areas of criminal law.
In common usage, theft is the taking of another person’s property without that person’s consent or permission, with the intent to deprive the rightful owner of it.
Possible Defenses for Theft
One of the most often used defenses to theft is consent by the true owner to the defendant’s use or appropriation of the said property. Dyer & Libby understand the importance in interviewing all parties involved and all witnesses to the conversations and habits of the parties to show that there was permission and consent to the defendant given. Another defense is that the property was given as a gift. It is helpful if it can be shown that this is consistent with a pattern of gift giving by the victim to the defendant.
Racketeering refers to criminal activity that is performed to benefit an organization such as a crime syndicate. Examples of racketeering activity include extortion, money laundering, loan sharking, obstruction of justice and bribery.
Possible Defenses for Racketeering
The main defense to illegally controlling or conducting a racketeering enterprise (RICO) is “Lack of Knowledge”. This occurs when a person is simply an employee of a business, or a non-involved partner who is basically tricked into managing a business whose proceeds are the result of an illegal activity. It is critical that interviews are conducted of all parties involved in order to show the Defendant’s good character, and their business partner’s bad character. These defenses are very complex and involve extensive records research by attorneys and expert witnesses. At Dyer & Libby, we find that it is often beneficial to use a forensic accountant to go through documents in order to best defend our clients. Many times it is also recommended that a private investigator be utilized to thoroughly research into the backgrounds of the business partners.
Money laundering is the process of transforming the proceeds of crime into legitimate money or other assets.
Possible Defenses for Money Laundering
The main defense to money laundering is the defendant’s lack of knowledge that the funds were originally from an unlawful activity. This is usually a valid defense where a person is simply an employee of a business or a non-involved partner who is basically tricked into managing a business whose proceeds are the result of an illegal activity.
It is important to interview all of the parties involved to show the defendant’s good character and honesty as well as their lack of control over the company’s finances while emphasizing the business partner’s bad character. Another defense is tracing the funds involved in the transactions and proving that these specific funds did not originate or fund any unlawful activity. Like the defenses for racketeering, the defenses for money laundering are very complicated, involving extensive records research by both attorneys and expert witnesses. Again, it is often beneficial to use a forensic accountant to go through documents in order to best defend against allegations.
The practice of obtaining something, especially money, through force or threats.
Possible Defenses for Extortion
A defense to some extortion charges can be that the threat by the defendant was made in order to obtain property to which the defendant had a lawful claim. Another defense is when it can be shown that the threat was made in order to gain compensation for property that was lawfully obtained or for lawful services provided by the defendant. It is very important to analyze all aspects of the alleged extortion claim to demonstrate that the defendant was acting within their rights in order to lawfully obtain their own property or to assert some other type of lawful claim.
The action of forging or producing a copy of a signature, document, banknote, or work of art.
Possible Defenses for Forgery
The most commonly used defense to a forgery charge is that the defendant had consent from the owner of the check, (or someone authorized to give permission on the owner’s behalf), to add the owner’s signature. Another defense is the defendant’s lack of knowledge that the document was forged. It is important to interview all witnesses who have knowledge of the reputation and character of both the defendant and the accusing party in order to establish a defense to any forgery charges.