Legal Question in Criminal Law in Texas

white collar crime

Someone I employed has written fraudlent contracts in my name and now the company is persuing me on a criminal leval. What can I do?


Asked on 2/16/09, 4:02 pm

1 Answer from Attorneys

Ruben Gonzalez Ruben Gonzalez, P.C.

Re: white collar crime

I need some additional information before I can understand your problem and you determine what the general direction you could handle your particular situation.

Who is prosecuting you? Is it a federal agency or state level law enforcement department prosecuting you? We need to determine whether it a federal or state case. There is a federal lawsuit named �Qui Tam� that allows a citizen to sue on behalf of the federal government in a fraudulent federal contractor situation, but those cases are very complex and the amounts in dispute are typically in the millions of dollars.

Generally, companies do not prosecute cases; only the district attorney or the U.S. Attorney�s Office for a district will prosecute a case. The company could complain to a law enforcement department, usually a police department�s white collar crime office or a district attorney�s special prosecution unit.

Based upon the zip code in your question indicates you are in Collin County, Texas. The district attorney is John Roach, the office has a reputation for aggressive prosecutions. See their website: www.collincountyda.com The Collin County District Attorney does have a special prosecution unit and it is common place for police departments in white collar cases to defer or refer their sophisticated cases to the DA for investigation and if appropriate prosecution. If the DA is still investigating the case hire counsel immediately, you cannot effectively answer questions without jeopardizing yourself, and you need a spokesman on your behalf that cannot be called as a witness to explain the misunderstanding (assuming there is an explanation) over the contract dispute.

Additionally, there are opportunities to make a presentation to the Grand Jury if the prosecution intends to subpoena documents and question individuals when considering an indictment in a criminal case. Experienced counsel is necessary in these situations to provide you with information and legal options to avoid prosecution. Similarly, in federal cases, the U.S. Attorney�s Office (McKinney is located in the Eastern District of Texas for the United States District Courts, see http://www.txed.uscourts.gov ; and http://www.usdoj.gov/usao/txe/usa/index.html) prosecutes white collar fraud cases; mail, wire, bank, money laundering, etc. I recommend you seek experienced counsel before answering any questions and develop a strategy to interact with the law enforcement officials.

Read more
Answered on 2/17/09, 12:33 am


Related Questions & Answers

More Criminal Law questions and answers in Texas