Learning that you are under investigation, or that agents have already been asking questions about you, can knock the ground out from under a career you spent years building. A Texas white-collar crime lawyer reviewing the file early gives you a say in how this moves forward, instead of finding out later how far the investigation already went.
Most white-collar investigations start long before the accused ever hears about them. Agents pull bank records, subpoena employers, and interview coworkers for months, sometimes years, before an indictment or arrest ever surfaces.
That gap between the start of an investigation and the moment a person learns about it is why waiting to speak with a defense attorney costs more in a financial crime case than almost any other.
The Law Offices of Richard C. McConathy has represented Texans in state and federal financial crime cases since 2002, handling more than 6,000 cases and 1,000 dismissals.
Call 972-233-5700 for a free, confidential consultation. We are available 24/7.
What Is Considered White-Collar Crime in Texas?
White-collar crime in Texas covers nonviolent offenses built around deception, breach of trust, or financial gain rather than force.
Texas Penal Code Chapter 32 groups most of these fraud-based offenses together, though several white-collar cases move through federal court instead of state court.
The specific charge filed depends on the method used and the amount of money or property involved. Some of the most common white-collar charges seen across Texas include:
| Charge | What It Involves |
| Fraud | Filed when a person allegedly uses deception to obtain money, property, or a benefit under Texas Penal Code Chapter 32. |
| Embezzlement | Charged in Texas as misapplication of fiduciary property under Texas Penal Code Section 32.45. |
| Medicaid fraud | Filed when a provider or billing agent allegedly submits false claims under the Texas Human Resources Code Chapter 36. |
| Money laundering | Alleged when funds tied to criminal activity are allegedly disguised as legitimate income. |
| Wire fraud and mail fraud | Federal charges alleged when a scheme uses electronic communication or the postal system to defraud victims. |
| Identity theft and forgery | Alleged when personal or financial information is used or created without authorization. |
Loss amount, the number of alleged victims, and whether the case crosses state lines all shape which agency ends up filing the charge.
How Does the Law Offices of Richard C. McConathy Handle Texas White-Collar Cases?
The Law Offices of Richard C. McConathy reviews financial records, billing data, and communication evidence line by line before deciding how to approach a white-collar defense. Richard C. McConathy has over 35 years of courtroom experience handling Texas criminal cases.
Clients in these cases come to the firm still employed, licensed, and unaware of the full scope of what investigators have gathered.
Working directly with the attorney assigned to the case, rather than a paralegal, matters more here than in almost any other practice area, since financial records take real time to read correctly.
Why Financial Evidence Review Comes First
A white-collar defense starts with a full review of the same records the government relied on to bring the case.
Spreadsheets, bank statements, billing codes, and emails rarely tell as clean a story as a summary chart from a prosecutor suggests, and small errors in that summary may undercut an entire theory of the case.
That review turns up accounting mistakes, miscommunication between departments, or legitimate business explanations the government never considered.
Calling 972-233-5700 early in an investigation gives an attorney more time to find those explanations before charges get filed.
Which Agencies Investigate White-Collar Crime in Texas?
Several federal and state agencies investigate white-collar crimes in Texas, and the agency involved determines whether a case ends up in state or federal court. Knowing which agency is asking questions helps a defense attorney anticipate what comes next.
Agencies commonly involved in Texas financial crime cases include the following.
- The Federal Bureau of Investigation (FBI), which investigates fraud, public corruption, and complex financial crimes with a federal nexus.
- Internal Revenue Service Criminal Investigation (IRS-CI), which investigates tax fraud and money laundering tied to unreported income.
- The Texas Office of the Attorney General Medicaid Fraud Control Unit (MFCU), which investigates fraud by healthcare providers and billing companies.
- The U.S. Securities and Exchange Commission (SEC), which investigates securities fraud, insider trading, and investment scheme allegations.
- Local district attorney offices, which prosecute state-level fraud, theft, and embezzlement cases that stay within Texas courts.
What Are the Penalties for a White-Collar Crime Conviction in Texas?
Penalties for a Texas white-collar crime conviction depend on the amount of loss alleged and the degree of offense assigned under Texas Penal Code Chapter 12. Most fraud and theft-based charges scale directly with the dollar amount the state claims was involved.
The table below outlines general punishment ranges tied to loss amount under Texas law. Federal sentencing follows separate guidelines that weigh loss amount, victim count, and the defendant's role in the offense.
| Offense Classification | Loss Amount (Texas) | Punishment Range |
| Class A Misdemeanor | $750 to $2,499 | Up to 1 year in county jail, fine up to $4,000 |
| State Jail Felony | $2,500 to $29,999 | 180 days to 2 years in state jail, fine up to $10,000 |
| Third-Degree Felony | $30,000 to $149,999 | 2 to 10 years in prison, fine up to $10,000 |
| Second-Degree Felony | $150,000 to $299,999 | 2 to 20 years in prison, fine up to $10,000 |
| First-Degree Felony | $300,000 or more | 5 to 99 years or life in prison, and a fine up to $10,000 |
A conviction at any level on this table can trigger restitution orders, professional license discipline, and federal sentencing exposure if a parallel case exists.
How Long Do Prosecutors Have to File White-Collar Charges in Texas?
Prosecutors generally have three years to file most felony white-collar charges in Texas under Texas Code of Criminal Procedure Article 12.01, unless a specific statute sets a different deadline. Federal fraud charges generally carry a five-year filing deadline under 18 U.S.C. Section 3282, though certain financial institution fraud charges extend to ten years.
Deadlines to keep in mind for white-collar charges:
- Most state fraud and theft charges carry a three-year felony filing deadline.
- Medicaid fraud cases often involve a longer look-back period tied to billing records rather than the filing deadline itself.
- Standard federal fraud charges, including wire fraud and mail fraud, carry a five-year filing deadline.
- Bank fraud charges tied to a federally insured institution carry a ten-year filing deadline under federal law.
What Should You Do If Investigators Contact You About a Texas White-Collar Case?
The most useful step after an investigator contacts you about a Texas white-collar case is asking for their name and agency, then ending the conversation until a defense attorney is present.
Financial crime investigators interview a person multiple times before any charge gets filed, and each interview creates a permanent record.
A subpoena, a grand jury target letter, or a knock from a federal agent all call for the same basic response.
- Getting the investigator's name, agency, and contact information before saying anything else.
- Declining to answer questions about the underlying facts until an attorney reviews the situation.
- Preserving, not deleting, any emails, records, or files connected to the matter under investigation.
- Avoiding any conversation with coworkers or business partners about what investigators asked.
- Calling a defense attorney the same day contact occurs, even if no charge has been filed yet.
Waiting to see whether the investigation goes anywhere almost always narrows the options available later. A defense attorney involved in the investigation stage sometimes keeps a case from becoming a formal charge at all.
Ask the Law Offices of Richard C. McConathy
Q: Can a white-collar crime case be resolved before federal charges are formally filed?
A: Yes, a white-collar case may get resolved or narrowed before federal charges are filed, particularly when a defense attorney engages with prosecutors during the investigation stage. Presenting exculpatory records or a legitimate business explanation early sometimes changes a prosecutor's charging decision entirely.
Q: What is the difference between a state fraud charge and a federal fraud charge in Texas?
A: A state fraud charge in Texas is prosecuted by a county or district attorney under the Texas Penal Code, while a federal fraud charge is prosecuted by a United States Attorney under federal statutes and sentencing guidelines. Federal cases carry longer potential sentences and involve federal agents rather than local police.
Q: Does a Medicaid fraud allegation affect a medical or nursing license in Texas?
A: Yes, a Medicaid fraud allegation in Texas triggers a separate licensing board investigation alongside the criminal case, and either one can affect a professional license. Addressing both the criminal exposure and the licensing exposure at the same time protects a career more effectively than handling them separately.
Q: How does restitution get calculated in a Texas white-collar crime case?
A: Restitution in a Texas white-collar case is calculated from the documented financial loss tied to the specific transactions charged, not from unproven allegations. A defense attorney reviewing the underlying records challenges inflated loss figures before a restitution order gets finalized.
What Defenses Apply to White-Collar Crime Charges in Texas?
Several defenses apply to Texas white-collar crime charges, including lack of criminal intent, mistaken accounting, entrapment, and challenges to the government's loss calculation. Most white-collar statutes require proof that a person acted knowingly or intentionally, not merely that a mistake occurred.
Defenses that could apply to your case include:
- Lack of intent: Argued when records show an honest mistake or a misunderstanding rather than a deliberate scheme.
- Good faith reliance on professional advice: Argued when an accountant, attorney, or compliance officer approved the conduct at issue.
- Entrapment: Used when government agents induced conduct a person had no independent intention to commit.
- Challenges to loss calculation: When the government's claimed financial loss does not match the actual documented transactions.
- Statute of limitations: Argued when the specific transactions charged fall outside the applicable filing deadline.
None of these defenses apply automatically, and each one depends on a careful read of the same financial records the government used to build its case. A defense strategy grounded in the actual documents tends to hold up far better than one built around a general denial.
FAQ for Texas White-Collar Crime Lawyer
Do I need a lawyer if I am only a witness in a white-collar investigation?
Yes, having a lawyer while serving as a witness in a Texas white-collar investigation is a good idea, since witness status may shift to target status as an investigation develops. An attorney clarifies your status with investigators before you answer any questions.
How much does a white-collar crime lawyer cost in Texas?
White-collar crime lawyer costs in Texas vary based on whether the case stays in state court, moves to federal court, and how many financial records need review. The Law Offices of Richard C. McConathy offers a free consultation to discuss the case and the general fee structure before any commitment is made.
Can a company be charged along with an individual employee in Texas?
Yes, a company may face charges alongside an individual employee in a Texas white-collar case when the government alleges the corporate structure was used to carry out the scheme. Separate counsel for the individual and the company is generally necessary once that happens.
What happens if I already spoke with investigators before hiring a lawyer?
Speaking with investigators before hiring a lawyer does not end your options, though it may affect strategy depending on what was said. A defense attorney reviews any prior statements immediately to understand what the government already has on record.
Is a white-collar crime conviction eligible for probation in Texas?
Probation is available for many Texas white-collar convictions, particularly first offenses with no prior record, depending on the degree of offense and the judge assigned to the case. Federal cases follow separate sentencing guidelines that weigh cooperation and acceptance of responsibility differently.
Protect Your Career: Talk to a Texas White-Collar Crime Lawyer
The Law Offices of Richard C. McConathy represents Texans in state and federal white-collar cases across Dallas, Fort Worth, Denton, Plano, Frisco, Arlington, Irving, and Weatherford.
Richard C. McConathy brings more than 35 years of Texas courtroom experience to financial crime cases, and clients work directly with him rather than a legal assistant.
Contact us at 972-233-5700 for a free case review.