Texas White Collar Crimes | Criminal Law

You will find most of the Texas White Collar Crimes in the Penal Code (abbreviated herein as “PC”), but the legislature has sprinkled them liberally throughout Texas law. Many of the White Collar Crimes include some element of fraud or bribery. Others involve different kinds of official or corporate misconduct. Many Texas state laws overlap with federal law, so both “sovereignties” may prosecute you for these offense.

But What Are White Collar Crimes?

You can think of White Collar Crimes as criminal offenses that involve some element of fraud. The name comes from the idea that these offenses do not require getting your hands dirty or physical violence.

Who investigates Texas White Collar Crimes?

Many different federal and state agencies investigate fraud and other white collar crimes. Some of the law enforcement agencies that you will see frequently in Texas include: The Texas Attorney General, District Attorney’s Offices, the U.S. Attorney, the FBI (Federal Bureau of Investigation), the SEC (Securities and Exchange Commission), and the United States Secret Service.

What are white-collar crimes?

White-Collar crimes are generally financial crimes that involve theft, lies or some form of misappropriation. White-collar crimes are sometimes investigated by agencies that have narrow investigative missions, due to the complex nature of some white collar criminal laws and the complex nature of the investigations.

List of White Collar Crimes in Texas state law

The list below includes most of the White Collar Crimes in Texas state law:

PC 16.02 – Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications
PC 16.03 – Unlawful Use of Pen Register or Trap and Trace Device
PC 16.04 – Unlawful Access to Stored Communications
PC 16.05 – Illegal Divulgence of Public Communications
PC 31.03 – Theft
PC 31.04 – Theft of Service *amendments effective September 1, 2019
PC 31.05 – Theft of Trade Secrets
PC 31.11 – Tampering with Identification Numbers
PC 31.12 – Theft of or Tampering with Multichannel Video or Information Services
PC 31.13 – Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device
PC 31.14 – Sale or Lease of Multichannel Video or Information Services Device
PC 31.17 – Unauthorized Acquisition or Transfer of Certain Financial Information
PC 31.18 – Cargo Theft
PC 31.20 – Mail Theft *effective September 1, 2019
PC 32.21 – Forgery *amendments effective September 1, 2023
PC 32.22 – Criminal Simulation
PC 32.23 – Trademark Counterfeiting
PC 32.24 – Stealing or Receiving Stolen Check or Similar Sight Order
PC 32.31 – Credit Card or Debit Card Abuse
PC 32.315 – Fraudulent Use or Possession of Credit Card or Debit Card Information *effective September 1, 2019
PC 32.32 – False Statement to Obtain Property or Credit or in the Provision of Certain Services
PC 32.33 – Hindering Secured Creditors
PC 32.34 – Fraudulent Transfer of a Motor Vehicle
PC 32.35 – Credit Card Transaction Record Laundering
PC 32.41 – Issuance of Bad Check or Similar Sight Order
PC 32.42 – Deceptive Business Practices
PC 32.43 – Commercial Bribery
PC 32.44 – Rigging Publicly Exhibited Contest
PC 32.441 – Illegal Recruitment of an Athlete
PC 32.45 – Misapplication of Fiduciary Property or Property of Financial Institution
PC 32.46 – Securing Execution of Document by Deception
PC 32.47 – Fraudulent Destruction, Removal, or Concealment of Writing
PC 32.48 – Simulating Legal Process
PC 32.49 – Refusal to Execute Release of Fraudulent Lien or Claim
PC 32.50 – Deceptive Preparation and Marketing of Academic Product
PC 32.51 – Fraudulent Use or Possession of Identifying Information
PC 32.52 – Fraudulent, Substandard, or Fictitious Degree
PC 32.52 – Fraudulent, Substandard, or Fictitious Degree
PC 32.53 – Exploitation of Child, Elderly Individual, or Disabled Individual
PC 32.54 – Fraudulent or Fictitious Military Record
PC 33.02 – Breach of Computer Security
PC 33.022 – Electronic Access Interference *effective September 1, 2017
PC 33.023 – Electronic Data Tampering *effective September 1, 2017
PC 33.024 – Unlawful Decryption *effective September 1, 2017
PC 33.05 – Tampering with Direct Recording Electronic Voting Machine
PC 33.07 – Online Impersonation
PC 33A.02 – Unauthorized Use of Telecommunications Service
PC 33A.03 – Manufacture, Possession, or Delivery of Unlawful Telecommunications Device
PC 33A.04 – Theft of Telecommunications Service
PC 33A.05 – Publication of Telecommunications Access Device
PC 34.02 – Money Laundering *amendments effective September 1, 2019
PC 35.02 – Insurance Fraud
PC 35A.02 – Healthcare Fraud *this will be renamed Health Care Fraud, effective September 1, 2019
PC 36.02 – Bribery
PC 36.03 – Coercion of Public Servant or Voter
PC 36.04 – Improper Influence
PC 36.07 – Acceptance of Honorarium
PC 36.08 – Gift to Public Servant by Person Subject to His Jurisdiction
PC 36.09 – Offering Gift to Public Servant
PC 37.10 – Tampering With Governmental Record
PC 37.101 – Fraudulent Filing of Financing Statement
PC 37.11 – Impersonating Public Servant
PC 38.12 – Barratry and Solicitation of Professional Employment
PC 38.122 – Falsely Holding Oneself Out as a Lawyer
PC 38.123 – Unauthorized Practice of Law
PC 38.16 – Preventing Execution of Civil Process
PC 38.18 – Use of Accident Report Information and Other Information for Pecuniary Gain
PC 38.19 – Failure to Provide Notice and Report of Death of Resident of Institution
PC 39.02 – Abuse of Official Capacity
PC 39.03 – Official Oppression
PC 39.05 – Failure to Report Death of Prisoner
PC 39.06 – Misuse of Official Information
PC 39.07 – Failure to Comply with Immigration Detainer Request *effective September 1, 2017
PC 42.074 – Unlawful Disclosure Of Residence Address Or Telephone Number – the Texas Doxxing Law *effective September 1, 2023
PC 46.06 – Unlawful Transfer of Certain Weapons
PC 47.02 – Gambling
PC 47.03 – Gambling Promotion
PC 47.04 – Keeping a Gambling Place
PC 47.05 – Communicating Gambling Information
PC 47.06 – Possession of Gambling Device, Equipment, or Paraphernalia
TEC 64.012 – Illegal Voting *amendments effective September 1, 2023
TEC 162.014 – Unlawful Participation in Party Affairs *effective September 1, 2017
TEC 162.014 – Engaging in Organized Election Fraud Activity *effective September 1, 2017
TEC 255.004 – True Source of Communication (banning deepfakes in political ads) *amendments effective September 1, 2019
Gov. Code 21.013 – Confidentiality Of Judicial Work Product *effective September 1, 2023
Texas Finance Code 152.408 – Money Services Offenses *effective September 1, 2023
Civil Code Article 581-29(C) – Securities Fraud

Texas White Collar Crimes that Overlap with Federal White Collar Crimes

The federal government has its own set of laws codified in the United States Code. Many of these laws overlap with Texas White Collar Crimes. You can find a list below of some of the common overlapping White Collar Crimes.

Bank Fraud

The United States Code (18 U.S. Code § 1344) defines Bank Fraud as a federal criminal offense. To get a Bank Fraud conviction, the law requires the federal government to prove that you knowingly executed, or attempted to execute, a scheme or artifice — (1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises. Although this is a very broad definition that has the potential to criminalize may different acts, it is historically used to criminalize attempts to obtain money from bank depositors by fraudulently posing as a bank or other financial institution.

Blackmail

Blackmail is a federal criminal offense codified under 18 U.S. Code § 873. The statute makes it a federal criminal offense to demand or receive any money or other valuable thing, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States. The offense of blackmail prevents people from a form of “privately” enforcing laws. The law is set up such that you cannot attempt to get money from someone by threatening to inform police of their violations of law.

Bribery & Kickbacks

Bribery is prosecuted as a Texas offense under Chapter 36 of the Texas Penal Code. You can be prosecuted for bribery whether you accept, propose or offer a bribe–the door swings both ways. The Texas statute is as follows:

A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:

(1) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;

(2) any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;

(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or

(4) any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision.

Cell Phone Fraud

“Cellular phone fraud” is a criminal offense that requires the government to prove that you engaged in “the unauthorized use, tampering or manipulation of a cellular phone or service.” Cell Phone Fraud – FCC Guide | SAPUTO Law. The Wireless Telephone Protection Act of 1998 expanded prior federal law to encompass a broad range of activity. Stolen phones, situations where you might be accused of signing up for service under false identification or where the you are accused of cloning a valid electronic serial number (ESN) by using an ESN reader might all result in a prosecution and conviction for cell phone fraud.

Computer fraud

Computer fraud is another broadly-described form of fraud, and it is defined as a federal criminal offense in 18 U.S. Code § 1030. The statute is very long, but it is important to note that the statute gives express authority to both the FBI and the Secret Service to investigate computer fraud offenses under federal law.

Counterfeiting & Forgery

The United States leglislature devoted an entire chapter of the United States Code to Counterfeiting & forgery offenses. See 18 U.S. Code Chapter 25. The White Collar crime of Counterfeiting essentially means the copying or imitation of financial items or the attempt to pass off such false copies as the true thing. In addition to counterfeiting money, the Counterfeiting offense includes items such as designer clothing, art, handbags and watches.

Credit Card Fraud

15 U.S. Code Section 1644 describes the offense of the federal criminal offense of the fraudulent use of credit cards. Basically, the government can convict you of this if you use someone else’s credit card or otherwise you a credit card or the card network system in a way to fraudulently acquire money.

Embezzlement

Embezzlement is another broadly-defined federal law, with an entire chapter of federal criminal law statutes dedicated to “Embezzlement and Theft” (Chapter 31). The core description of embezzlement is an appropriation of money or property for a person’s own use by someone who was entrusted with the that money or property by another. It essentially involves a breach of trust.

Extortion

Extortion is another “category” of offense described in the federal criminal statutes. Extortion and Threat offenses are defined under 18 U.S. Code Chapter 41. You can be convicted for an extortion offense under federal law if you obtain property from another person by actual or threatened force, fear, or violence, or under an official (but misused) right.

Health Care Fraud

Health care fraud consists of a vast array of offenses. Everything from doctors overbilling for procedures to an unlicensed health care provider providing services under the guise of being licensed to theft of medical information.

Insider Trading

Insider trading is frequently investigated by the SEC, and it involves a situation when a person who is in a position of trust or confidence with respect to corporate information uses that information to inform equities trades or other trades of other financial positions related to that company or companies related to the confidential information.

Insurance Fraud

Insurance fraud is an offense that includes an arrange of behaviors, but at its core it involves some kind of lie told to an insurance company in order to get financial benefits from the insurance company. Learn more about the Texas Insurance Fraud offense

Investment Fraud

Investment fraud usually involves false promises or false information distributed by someone seeking investment to potential investors. Although the SEC usually takes the lead on these offenses, both state and federal agencies prosecute Investment Fraud offenses.

Larceny and Theft

Both state and federal authorities prosecute Larceny and Theft crimes, although the state more commonly prosecutes these cases. Larceny and theft generally require the government to prove a wrongful taking of another person’s money or property with the intent to appropriate, convert or steal the money or property. Note that the Texas legislature consolidated all larceny and theft crimes into one TheftTheft offense.

Money Laundering

Money laundering is a both a state and federal criminal offense that criminalizes attempts to hide the true source of criminal proceeds. The federal criminal statute that most directly describes this is found in 18 U.S. Code § 1956 – “Laundering of monetary instruments.” Learn more about the Texas offense of Money Laundering

Racketeering

The Racketeer Influenced and Corrupt Organizations Act (RICO) is codified in 18 U.S. Code Chapter 96. The basic premise of the law makes it illegal to operate of a business that engages in unlawful activity. The definition of unlawful activity is expansive, and this crime is not only widely prosecuted in the federal courts, but also highly technical and complex.

Securities Fraud

The federal offense of “Securities and Commodities Fraud” is described in U.S. Code Section 1348. The text of the statute criminalizes anyone who knowingly executes, or attempts to execute, a scheme or artifice:

(1) to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o (d)); or

(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o (d));

Texas state law also includes a Securities Fraud offense. Learn more about the Texas Securities Fraud crime

Tax Evasion

Federal tax evasion occurs when anyone lies about the amount of income receive or otherwise attempts to defraud the federal government about the amount of taxes that he or she owes. One important note is that tax evasion requires intent to defraud.

Welfare Fraud

The most direct federal criminal offense regarding welfare fraud is 42 U.S. Code § 608a – “Fraud under means-tested welfare and public assistance programs.” If you are accused of attempting to obtain benefits from govern programs like welfare, food stamps or medicaid, then the federal government can prosecute you under this statute.