15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
White collar crime charges in Dallas—fraud, embezzlement, identity theft, and related offenses—are taken seriously and prosecuted aggressively.
These cases often involve complex financial records, digital evidence, and detailed investigations—and the stakes are high: prison time, substantial fines, restitution, and long-term damage to your reputation. But complexity cuts both ways.
The prosecution must prove its case through documents, data, and interpretation—and that evidence can be challenged. At the Law Offices of Richard C. McConathy, we’ve defended complex financial crime cases and know how to break down the state’s narrative and expose weaknesses in the evidence.
If you’re facing charges, working with an experienced Dallas federal criminal defense lawyer can make a critical difference in your case.
White collar crime encompasses non-violent crimes motivated by financial gain or professional advantage. Unlike street crimes, white collar offenses typically involve deception, breach of trust, or manipulation of systems to unlawfully acquire money or property. Texas law addresses these crimes through various statutes:
Texas Penal Code §§31-35 cover theft-related offenses, including theft, shoplifting, and employee theft. Wire fraud and mail fraud fall under federal law (18 U.S.C. §§1343-1341), which is why many white collar cases are prosecuted federally. Money laundering is addressed in both state (Texas Penal Code §34.02) and federal law. Identity theft is covered in Texas Penal Code §32.51.
The key distinction is that white collar crimes involve financial or professional contexts where the defendant exploited a position of trust or manipulated systems to gain money or property. A bank teller who steals from the bank, an accountant who manipulates records, or a contractor who overbills are examples of white collar offenders.
Embezzlement is theft of money or property by someone in a position of trust. A manager stealing from their company, an accountant misappropriating funds, or a financial advisor converting client assets are embezzlement examples. Embezzlement is prosecuted under theft statutes, but the “position of trust” element makes it especially serious to prosecutors.
Embezzlement charges often involve significant money, multiple victims, and complex financial records. The prosecution must prove you had access to the money, that you intentionally took it without permission, and that you intended to deprive the owner of it permanently. These elements seem straightforward but often involve ambiguity about whether transactions were authorized, whether accounting was properly maintained, and whether your intent was to permanently deprive.
Wire fraud involves using electronic communications (email, phone calls, wire transfers) to defraud someone. Mail fraud involves using the U.S. mail. Both are federal crimes carrying up to 20 years imprisonment. The charge requires proof that you devised a scheme to defraud and used wire or mail communications in furtherance of the scheme.
Wire and mail fraud are commonly charged in business disputes, investment schemes, and real estate transactions. Federal prosecutors investigate these cases extensively, and federal charges are taken very seriously. However, federal cases often involve circumstantial evidence, and we challenge the government’s theory aggressively.
Money laundering is moving money gained from illegal activity through legitimate financial channels to conceal its origin. It’s a federal crime, and charges are sometimes added to other offenses to increase penalties. Money laundering requires proof that you knew the money came from illegal activity and that you took steps to conceal or move it.
Money laundering cases often depend on proving your knowledge that money was from illegal activity. If you moved money but didn’t know its source was criminal, that’s a defense. We challenge whether the prosecution can prove your knowledge and intent.
Identity theft (Texas Penal Code §32.51) involves obtaining, possessing, transferring, or using personal identifying information of another without consent. This crime has escalated dramatically with digital communication and data breaches. Identity theft charges can be state or federal, and they often involve multiple victims and large-scale identity fraud schemes.
Identity theft is especially serious because it affects multiple victims and prosecutors treat it as epidemic fraud. However, identity theft defenses include: lack of knowledge that you were using someone else’s information, lack of intent to harm, or mistaken identity. We develop these defenses aggressively.
Check fraud involves writing checks knowing you lack funds to cover them or using someone else’s checks without authorization. Forgery (Texas Penal Code §32.21) involves forging documents or signing another’s name without authorization. Both are prosecuted as theft or fraud depending on circumstances.
Check fraud and forgery cases often hinge on intent and authorization. Did you have permission to use the check? Did you intend to defraud or just make a mistake? Did you actually forge the document or was it authorized? These questions create defense opportunities.
Understanding how law enforcement and prosecutors investigate white collar crimes helps you protect yourself and understand what you’re facing.
Investigators often start by issuing subpoenas for financial records. Bank records, credit card statements, email communications, phone records, and company financial documents are requested from custodians (banks, email providers, employers). The subpoena process is powerful—investigators can obtain years of financial history without a warrant.
If you receive a subpoena, your attorney should immediately respond. A blanket response preserving all records protects your rights. Don’t destroy records or alter documents—that creates obstruction charges far worse than the original allegation. Let your attorney handle the subpoena process.
Federal white collar cases often begin with a grand jury investigation. A grand jury hears evidence and determines whether probable cause exists to indict. In federal cases, you may receive notice that you’re the subject of a grand jury investigation. At this stage, contact an attorney immediately. You might be offered the opportunity to testify before the grand jury, but your attorney will advise whether that’s beneficial.
Investigators might seek a search warrant for your home, office, or devices. A warrant requires probable cause and must be signed by a judge. If executed, officers will seize documents, computers, phones, and other items. Your attorney should immediately request a copy of the inventory of seized items and file motions to return items or suppress their use.
White collar investigations almost always involve forensic accountants who analyze financial records, trace money flows, and construct narratives about financial activity. These experts are hired by law enforcement or prosecutors to make sense of complex financial information and testify at trial.
Our firm works with expert accountants and financial analysts to counter the prosecution’s narrative. If the government’s expert made errors in their analysis, if they ignored exculpatory evidence, or if alternative explanations exist for financial transactions, we present that through our own expert testimony.
Many white collar crimes require proof of specific intent—intent to defraud, intent to conceal, knowledge of illegality. If the prosecution can’t prove you acted with the required intent, the charge should fail. Perhaps you made errors in accounting but didn’t intend to defraud. Perhaps you moved money but didn’t know its source was illegal. These defenses focus on the mental element and create reasonable doubt.
Prosecutors sometimes characterize lawful business disagreements as fraud. If you charged higher prices than agreed, or if you promised something and couldn’t deliver, that might be breach of contract—a civil matter—rather than fraud. We distinguish between contract disputes and criminal fraud, arguing that the prosecution is criminalizing what should be resolved civilly.
Financial evidence is only admissible if properly obtained and authenticated. If investigators violated your rights in obtaining records, if chain-of-custody procedures for documents were violated, or if expert analysis is based on incomplete or improper data, we challenge it. Suppressing tainted evidence weakens the prosecution’s case significantly.
Complex financial transactions often have multiple explanations. The prosecution presents one narrative; we develop alternative explanations consistent with the evidence. Perhaps transactions that look suspicious have innocent explanations. Perhaps financial movements were properly authorized but records are unclear. We present alternative theories that create reasonable doubt.
White collar cases often depend on testimony from co-employees, business associates, or investigators. These witnesses have biases, financial incentives, or imperfect knowledge. We cross-examine them aggressively to expose bias, inconsistencies, and unreliability. If a key prosecution witness lacks credibility, the entire case becomes weaker.
You have the right to refuse to answer questions from investigators. Federal agents, state investigators, and prosecutors will want to interview you. Through your attorney, you can decline. Anything you say will be documented and used against you. Let your attorney control communication.
You have the right to an attorney at every stage. If investigators contact you, request a lawyer immediately. If you’re subpoenaed to testify before a grand jury, have your attorney advise you before you go. You can’t have your attorney present inside the grand jury room, but your attorney can advise you before and after.
You don’t have to voluntarily interview with prosecutors or investigators. Many people think cooperating will help, but anything you say will be used against you. Your attorney can control what information you provide and under what circumstances.
You have the right to challenge how evidence was obtained. If investigators violated your Fourth Amendment rights through illegal searches or your Fifth Amendment rights by coercing statements, we file motions to suppress that evidence. Without improperly obtained evidence, the prosecution’s case is much weaker.
You have the right to obtain all evidence the prosecution has. This is called “discovery.” The prosecution must provide police reports, witness statements, expert reports, and anything they intend to use at trial. Your attorney reviews all discovery to identify weaknesses in the prosecution’s case and develop your defense.
Federal white collar crimes are often more serious and more aggressively investigated than state crimes. Federal prosecutors have enormous investigative resources, and federal sentencing guidelines result in longer sentences than state court sentences for the same conduct.
However, federal cases also provide procedural protections and predictability. Federal courts follow consistent procedural rules, federal judges are experienced with white collar cases, and federal sentencing is guided by detailed guidelines (though judges have discretion).
State-level white collar prosecutions in Dallas County are handled by the Dallas County District Attorney. State cases sometimes move faster than federal cases and may involve less sophisticated investigation. However, state cases can still be complex and serious.
Many white collar crime cases have both state and federal charges. An embezzlement case might involve state theft charges and federal fraud charges. We coordinate defense strategies across both jurisdictions.
Our firm has experience defending white collar cases in Dallas County District Courts and in federal court (U.S. District Court for the Northern District of Texas in Dallas). We know how local prosecutors approach complex financial crime cases and how judges view white collar defendants.
In Dallas County, judges generally take white collar cases seriously. Embezzlement cases involving employees stealing from businesses receive close attention. However, judges also understand that business disputes can be criminalized unfairly.
Federal judges have extensive experience with white collar cases and understand the complexity involved. They expect sophisticated defense strategies and expert testimony. Defending federal white collar cases requires understanding federal procedural rules and sentencing guidelines.
Beyond criminal penalties, a white collar conviction carries devastating professional consequences:
Because collateral consequences are so severe, fighting white collar charges aggressively makes sense not just for immediate criminal consequences but for long-term career and professional survival.
If you’ve been charged with white collar crime or are under investigation for financial crime in Dallas or throughout Texas, contact the Dallas federal criminal defense lawyer immediately.
We’ll review the investigation, examine the evidence, and develop an aggressive defense strategy. Our experience with both state and federal white collar cases gives us the expertise needed to defend your rights effectively.
Call us at 972-528-0116 for your free confidential consultation. With 35+ years of experience and over 1,000 cases handled, we’ve successfully defended complex white collar crime cases. The sooner you call, the sooner we can begin protecting your professional reputation and defending your future.
15110 Dallas Pkwy #400 Dallas, TX 75248
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