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White Collar Crimes Archives

Texas Police Can Use Civil Asset Forfeiture to Seize Property and Money

Civil asset forfeiture is the seizure of property by local or state law enforcement if it is suspected that the property was used in committing a crime, even if the property owner was never charged or convicted of a crime. This practice is a popular way to raise revenue for law enforcement agencies; however, it has been the subject of widespread criticism and outcry for reform. Even small amounts of cash on a person do not escape seizure. If the property owner does not dispute the seizure in court - which is what happens in most cases - he will automatically lose the property. If one were to fight the seizure in court, it would result in costly litigation. Because the standard of proof to forfeit property in Texas is preponderance of the evidence, the burden is on the property owner to prove the property was not connected to criminal activity.

U.S. v. Connolly: Significant Implications for Companies Seeking to Cooperate in Government Investigations

A U.S. District Court for the Southern District of New York ruling in United States v. Connolly (16-CR-370) recently held that the government improperly "outsourced" its investigation of LIBOR manipulation to Deutsche Bank and its outside law firm and the law firm's actions were consequently "fairly attributable" to the government. The judge found a Fifth Amendment violation because the government had outsourced, relied on, and directed the bank's internal investigation, which involved compelling the defendant, a Deutsche Bank trader, to submit to an interview and cooperate with the Bank's investigation or alternatively be fired.

Is proposed bar for white collar criminal culpability too low?

Debate surrounding white collar crime – focused on probes, policies, sentencing and just about everything else – is front-of-the-menu stuff these days. In fact, we recently addressed the topic in a Hilder & Associates blog post. We noted in our May 9 entry the oft-pushed view “that favors more white collar prosecutions and convictions, especially for corporate principals.”

White collar crime focus: Will tough proposed legislation fly?

There has always been debate – some of it strident – surrounding the singular realm of white collar crime in America. In a discussion marked by polar-opposite opinions, competing viewpoints will passionately disagree over whether collar probes and outcomes are draconian or too lax in addressing defendants’ conduct. White collar crime exchanges seldom spotlight consensus or middle ground.

Some misconceptions re white collar crime in Texas, nationally

The term “white collar crime” is certainly spotlighted with some frequency in Texas and national media stories, isn’t it? That singular sphere in the criminal law realm has garnered a seeming public fascination in recent years.

Compounding Interest in Healthcare Fraud

Whether it is TRICARE, Medicare, Medicaid, or private insurance, regular reports from news outlets and press releases from the Department of Justice reveal that compounding pharmaceutical fraud is on the rise and likely to remain a focus of law enforcement for the foreseeable future.

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Contact Houston White Collar Lawyers for Experienced Representation

If you or your company is under investigation, charged or indicted for federal or state crimes, or you want to ensure future compliance, contact Hilder & Associates, P.C., for more information or to schedule an appointment with an experienced Houston white collar criminal defense lawyer.

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