Passport Fraud

teakelllawcom on July 29, 2015

Legal Guide

Passport Fraud

Generally The term “passport fraud” is a phrase that is used to generally describe misrepresentations in applications for a passport or visa, as well as some misuse of the passport or visa. Violations of federal law for passport fraud and related charges are found at Title 18, U.S. Code, §§1541 – 1547, which are:

A. Issuance Without Authority (government official issuing or verifying a passport without authority or to a person with no allegiance to the United States) 18 U.S.C. §1541;
B. False Statement in Application and Use of a Passport (when a person submits false information on a passport application for his own use or use by another) 18 U.S.C. §1542;
C. Forgery of False Use of a Passport (when a person forges, counterfeits, or alters a passport, or gives a forged, counterfeited, or altered passport to another person for his use) 18 U.S.C. §1543;
D. Misuse of a Passport (when a person uses a passport designed for another person, or uses a passport in violation of the restrictions on it) 18 U.S.C. §1544;
E. Safe Conduct Violation (violation of a safe conduct permit granting passage into an area or a country where the person could not go without the permission of the government) 18 U.S.C. §1545;
F. Fraud and Misuse of Visas, Permits, and Other Documents (whoever forges, counterfeits, or alters an immigration document for the use of entry into the United States) 18 U.S.C. §1546;
G. Alternate Imprisonment Maximum (to facilitate drug trafficking or terrorism) 18 U.S.C. §1547.

II. Fraud, Misuse, and False Statements

Activities that are the underlying basis for these types of charges are often the passport applicant making a false statement in the application in order to obtain a passport for travel. It also involves obtaining, or attempting to obtain, a passport for another person or group of persons, after the applicant has made false statements about the identities, location, or criminal history of the person whose name is submitted for a passport. Obtaining a passport in this manner, or attempting to do so, can be for the purpose of concealing one’s true identity to avoid detection or to ensure passage to another country. Such falsities may be tied to illegal drug trafficking or other illegal smuggling of goods, or even to terrorists.

III. Charges

Potential charges for these offenses would be the passport/visa fraud statutes listed above, and it could also include a conspiracy to commit these acts if two or more persons agreed to commit a passport crime. It could then be charged as a conspiracy pursuant to Title 18, U.S. Code §371. Such a conspiracy might also be charged as a Conspiracy to Commit Mail Fraud, or Wire Fraud, under Title 18, U.S. Code §1349.

IV. Indictments

Indictments charging criminal violations of these passport laws are obtained through a federal grand jury by the United States Attorney’s Office or a division of the U.S. Department of Justice, as in any federal criminal case. Any person indicted is subject to arrest by the investigating agency or by the U.S. Marshal’s Service, unless the person makes arrangements through his attorney to self-surrender.

V. Investigations

Since passports are obtained through the U.S. Department of State, usually agents from the Department of State conduct such investigations. Federal agents investigating criminal violations related to passports or visas work with the federal prosecutor, the U.S. Attorney, for advice and to obtain formal charges, i.e., an Indictment. If there is a lone violation of one person’s own passport application, or similar conduct, as opposed to larger-scale violations, the U.S. Attorney’s Office could refer the case to the state prosecutor (District Attorney) where the offense occurred.

VI. Sentencing

Any person convicted of a passport fraud or misrepresentation offense in federal court, will be subject to the same type of sentencing as in other federal case. These sentencings are the result of recommendations by the U.S. Sentencing Guidelines, that is, the “point system” that provides a recommended punishment range.

Money Laundering

teakelllawcom on July 29, 2015

Money Laundering

People charged with money laundering in the Dallas-Fort Worth area or anywhere in the state of Texas are encouraged to seek the counsel of attorney John R. Teakell. Mr. Teakell has amassed a significant amount of experience, achieving favorable outcomes for defendants in money laundering cases.

If you face money laundering charges, or if you have reason to believe that an investigation is underway that may lead to an arrest for money laundering in Texas or elsewhere, contact the Law Office of John R. Teakell, white collar criminal defense law firm, to schedule a consultation to meet attorney John Teakell with no further obligation.

Money Laundering is Often Associated with Other Crimes

Money laundering charges can be brought at either the state or federal level. These charges are often brought in connection with alleged activities involving controlled substances. Drug crimes may be hard to prove and prosecute, but accompanying offenses such as wire fraud, mail fraud and money laundering are frequently used as legal dragnets by which to bring criminal charges against people alleged to be involved in narcotics trafficking.

The Government Must Prove their Case or It Must be Dismissed

Attorney John Teakell is a former federal prosecutor who has successfully defended many people charged with money laundering and related crimes. One example of a favorable outcome involved charges brought by the state of Texas in Kleberg County, Texas. The firm’s client was arrested and investigated for alleged money laundering. After Mr. Teakell’s defense presentation, the state agreed not to seek an indictment on the basis of forfeiture issues.

Discover the most plausible defense in your money laundering case. Contact John R. Teakell at the Law Office of John R. Teakell in Dallas to schedule a no-obligation consultation and preliminary case analysis.

Mail Fraud Defense: Protecting Your Rights Against Federal Charges

teakelllawcom on July 29, 2015

Have you received a letter from federal investigators about a mail fraud case? If so, you are facing a serious legal battle that could impact your future. Federal prosecutors aggressively pursue mail fraud charges, and a conviction can lead to lengthy prison sentences, substantial fines, and a permanent criminal record. If you are under investigation or facing charges, taking immediate action is crucial.

As a former federal prosecutor, I, John Teakell, understand exactly how the government builds mail fraud cases—and more importantly, how to fight back. I have successfully defended individuals and businesses against fraud allegations, ensuring their rights are protected.

What is Mail Fraud?

Mail fraud is a federal crime under 18 U.S.C. § 1341, making it illegal to use mail services—including the U.S. Postal Service, FedEx, or UPS—to further fraudulent schemes.

Key Elements of Mail Fraud

Intent to defraud an individual, business, or government agency
Use of mail services to send or receive fraudulent materials
Attempt to obtain money, property, or services under false pretenses

Even if no money was exchanged or no one was harmed, simply attempting to commit fraud through the mail can still lead to federal charges.

If you are facing fraud allegations, visit my white-collar crime defense page to learn how I can help.

Common Examples of Mail Fraud

Mail fraud cases cover a wide range of fraudulent activities, including:

Investment Scams – Sending misleading documents promising high returns on false investments
Insurance Fraud – Mailing false insurance claims or forged documents
Lottery Scams – Sending fraudulent “winning” notifications to trick recipients into paying fees
Business Fraud – Using mail to distribute fraudulent invoices or contracts

If your case involves financial fraud, learn about potential defenses on my securities fraud defense page.

Penalties for Mail Fraud Convictions

Mail fraud is a serious federal offense, and penalties depend on the scope of the fraud.

Prison Time

Up to 20 years for standard mail fraud convictions
Up to 30 years if the fraud involves a financial institution or federal disaster relief funds

Fines

Up to $250,000 for individuals
Up to $500,000 for organizations
Up to $1 million if a financial institution is involved

Restitution Orders

Courts may require repayment to victims for financial losses.

Asset Forfeiture

The government may seize assets gained through fraudulent activities. For a more detailed look at fraud penalties, visit my federal fraud prosecutions page.

Defenses Against Mail Fraud Charges

A strong legal strategy can challenge mail fraud charges. Some of the most effective defenses include:

Lack of Intent

Prosecutors must prove you knowingly intended to commit fraud. If there is no clear intent, charges may be dropped or reduced.

Good Faith Belief

If you believed your statements were true, this can be a valid defense. A mistake or misunderstanding does not automatically constitute fraud.

Violation of Constitutional Rights

If law enforcement obtained evidence through an illegal search, seizure, or interrogation, that evidence may be suppressed in court.

Insufficient Evidence

Mail fraud cases require strong, credible evidence. Challenging the validity of the prosecution’s case can lead to dismissals or acquittals.

If you have been accused of multiple offenses, visit my defending against multiple charges page for strategies on handling complex cases.

How John Teakell Can Help

With decades of experience as both a federal prosecutor and a Texas Super Lawyer, I have successfully defended individuals facing serious fraud charges. My background gives me a unique advantage in anticipating prosecution tactics and countering them effectively.

Why Choose Teakell Law?

Proven Track Record – Extensive experience handling federal and state fraud cases
Aggressive Defense Strategies – I fight to protect your rights and minimize penalties
Personalized Legal Support – Every case receives customized attention to build the strongest defense

If your charges involve other white-collar crimes, learn more about conspiracy to commit fraud.

Facing Mail Fraud Charges? Contact Me Today.

If you are under investigation or have been charged with mail fraud, taking immediate action can make all the difference. I, John Teakell, am ready to fight for your rights and your future.

visit my contact page to schedule a consultation.

Forgery

teakelllawcom on July 29, 2015

Legal Guide

Forgery

A fundamental key to a successful defense in a forgery case is the representation by an experienced criminal defense lawyer. The earlier in the case that the attorney is on board, the more options there will be and the greater likelihood there is for an outcome that will be satisfactory to both the accused person and the alleged wronged party.

Contact the Law Office of John R. Teakell to learn how attorney Teakell’s knowledge and experience can be put to work in your Texas forgery criminal case. Schedule an initial consultation at which you and Mr. Teakell will devise the next best course of action after you have been accused of or arrested for forgery (by way of a forged document or a forged signature) anywhere across the state.

There are a number of possible defenses that may result in dismissal of charges, reduction of charges, acquittal or reduction of penalties in a forgery case, including the following:

Demonstration of a compelling case for an alternative explanation of how a check was forged or how apparent credit card fraud occurred
Agreement for restitution of allegedly stolen money obtained apparently obtained by forging a check
Mitigating factors
Demonstration that evidence presented by the prosecution is inadequate, inconclusive, or obtained by illegal means
Showing a lack of intent to commit forgery

Forgery May Mean Counterfeiting, Wire Fraud, Mail Fraud or Bank Fraud

At the federal level, forgery charges are often articulated as charges of mail fraud, wire fraud or bank fraud in federal court. Forgery charges may be brought alongside charges of counterfeiting, as in schemes whereby treasury checks are forged as well as endorsement of the essentially counterfeit checks.

Experienced Federal Prosecutor

Attorney John Teakell is a former federal prosecutor with in-depth knowledge of the components of a successful prosecution ― and an understanding of how to construct effective defense in the face of allegations of forgery. Call or e-mail attorney Teakell sooner rather than later to schedule a preliminary case review.

18 U.S.C. §471 Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

Defending Against Embezzlement Charges: Legal Strategies and Your Rights

teakelllawcom on July 29, 2015

Embezzlement is a serious white-collar crime that can lead to severe penalties, including lengthy prison sentences, hefty fines, and reputational damage. If you are under investigation or facing charges, securing experienced legal representation is critical.

As a former federal prosecutor, I, John Teakell, have successfully defended numerous clients against financial crime allegations. I understand the strategies prosecutors use—and more importantly, how to fight back.

What is Embezzlement?

Embezzlement is a type of theft or fraud that occurs when someone misappropriates or steals funds that have been entrusted to them. Unlike standard theft cases, embezzlement involves a breach of trust, often in a business or financial setting.

To secure a conviction, prosecutors must prove:

The defendant had lawful access to the funds or property.
The defendant intentionally misappropriated the assets for personal use.
The act was fraudulent, meaning there was intent to permanently deprive the rightful owner.

If you are facing multiple white-collar crime allegations, visit my defending against multiple charges page for legal defense strategies.

Common Types of Embezzlement Cases

Embezzlement charges arise in various situations, including:

1. Employee Theft

Diverting company funds for personal use
Inflating expenses or falsifying reimbursement claims

2. Bank and Financial Institution Fraud

Misusing client funds in investment or banking industries
Unauthorized withdrawals or check fraud

3. Non-Profit and Corporate Misappropriation

Redirecting donations or organization funds for personal gain
Fraudulent payroll activities or false invoicing schemes

If your case involves financial fraud, visit my securities fraud page to explore defense options.

Federal and State Penalties for Embezzlement

Penalties for embezzlement vary based on the amount stolen and the specific circumstances of the case. Convictions can result in:

1. Prison Time

Misdemeanor embezzlement (small amounts) – Up to one year in jail
Felony embezzlement (larger amounts) – Up to 20 years in prison

2. Fines and Restitution

Fines range from thousands to millions of dollars depending on the amount stolen
Courts may order restitution payments to compensate victims

3. Asset Seizures and Forfeitures

Authorities may seize bank accounts, real estate, or other assets tied to embezzlement

If your case involves federal financial crimes, visit my white-collar crime defense page for additional legal insights.

Defenses Against Embezzlement Charges

A strong defense strategy can make the difference between a conviction and a case dismissal. Some of the most effective legal defenses include:

1. Lack of Intent

Prosecutors must prove you knowingly misappropriated funds. If the issue resulted from an accounting error or oversight, this could be a valid defense.

2. Insufficient Evidence

If the prosecution lacks concrete evidence, charges may be dismissed or reduced.

3. Good Faith Belief

If you had a legitimate reason to believe you were entitled to the funds, this could be a strong defense.

4. Coercion or Duress

If someone forced or manipulated you into committing the act, this may serve as a legal argument for dismissal.

For additional legal guidance, visit my criminal defense page to learn more about fighting serious charges.

How John Teakell Can Help with Your Case

With decades of experience in white-collar crime defense, I understand how federal and state prosecutors build embezzlement cases—and, more importantly, how to challenge their evidence. Whether you are under investigation or already facing charges, my legal team is prepared to protect your rights.

Why Choose Teakell Law?

Former Federal Prosecutor – In-depth knowledge of how the government builds fraud cases
Proven Success – A track record of dismissals, reduced sentences, and favorable plea agreements
Personalized Defense Strategies – Every case is tailored to the client’s specific situation

If you need legal representation in an embezzlement case, schedule a consultation today.

Contact Teakell Law for Aggressive Defense

Being accused of embezzlement is overwhelming, but you do not have to face it alone. I, John Teakell, am ready to fight for your rights and your future.

visit my contact page to schedule a consultation today.

Credit Card Debit Card Abuse

teakelllawcom on July 29, 2015

Credit and debit card Fraud

Credit card and debit card abuse is common these days. Credit card fraud law thus typically establishes criminal penalties for deceptive, unlawful or unauthorized use of another person’s credit card account in an attempt to

Steal money
Steal goods
Steal services

In Texas the statutes prohibiting credit and debit card abuse and crimes have been enacted at all levels of government. The laws are also enforced by a number of agencies, ranging from local police to the U.S. Secret Service department. Credit and debit card Fraud charges can have serious consequences hence when charged, defending yourself and trying to secure a verdict or not guilty should be the ideal goal. Skilled criminal defense attorney, John. R. Teakell can make a tremendous difference in the outcome of your case.

Unlawful or unauthorized credit and debit card fraud is committed under any of the following circumstances when –

An individual unlawfully captures and uses someone else’s credit or debit card information
An individual unlawfully uses someone else’s credit or debit card details to purchase goods and services.
An individual unlawfully uses someone else’s personal information to open a credit card account. This is also regarded as identity theft.
An individual uses his own credit card knowing well that the card is invalid or revoked.

Types of Credit Card Fraud Crimes

Typically the most common Credit Card Fraud Crimes can becharacterized in two ways such as –

“Card present” crimes
“Card not present” crimes

As the name implies the “CARD PRESENT” CRIMES are those in which the victim’s credit or debit card has been stolen. The category in this case also includes the unlawful schemes such as –

Applying for new credit cards in the victim’s name
Changing the address on the victim’s account for getting replacement of cards

On the other hand the “CARD NOT PRESENT” CRIMES do not require the thief to gain access to the victim’s physical card. The fraud is accomplished by recording the credit card number and other identifying information. In fact these schemes are the most difficult to detect, as the victim and the thief can be thousands of miles apart during the time when the credit card information is stolen.

Credit and debit card fraud charges are usually FELONY OFFENSES that can be prosecuted in state and even federal court. It is thus important you speak with best criminal defense attorney as soon as possible If you or a loved one are facing felony charges for credit or debit card fraud.

Below are just a few of many examples of potential credit and debit card fraud schemes.

Debit card fraud

It is similar to other types of credit card fraud and involves a debit card that has been linked to a bank account. The fraud thus makes it possible to withdraw funds from a bank account or credit institution.

Identity thefts and credit card fraud

Identity thefts and credit card fraud occurs whenidentifying information is obtained and the stolen identity is used in obtaining a credit card unlawfully. The victim whose identity has been stolen thus will have the debts listed on his or her credit report.

Pre-paid credit card fraud

The fraud involves using the balances on a prepaid card without authorization. Standard credit card fraud schemes are used for prepaid card fraud.

Corporate or company credit card fraud

When an employee embezzles company funds by using the company credit card unlawfully, it falls under Corporate or company credit card fraud schemes. The Corporate cards are also susceptible to other types of fraud, such as creating the cloned card etc.

Merchant credit card fraud

This kind of fraud occurs when a merchant is defrauded in some manner related to credit. In fact merchants are also at risk of merchant credit card fraud with cloned or stolen credit cards.

Penalties for Credit and debit card Fraud

Finding of guilt for Credit and debit card Fraud could result in high fines, long prison sentence, court costs, supervised probation and also a permanent black mark on your record. Keep in mind; state and federal authorities usually make the decision on whether you should be prosecuted on the state level or the federal level

Credit card fraud is usually a felony offense. For the uninitiated; felonies are more serious crimes and penalties may result in more than a year of jail time. FELONY credit card fraud is punishable by a $25,000 fine and 15 years in prison.

Whether or not the credit card fraud will be considered a felony however depends on a number of factors. The state statute might make credit card fraud a MISDEMEANOR if

No property is obtained with the stolen card
The property obtained does not exceed the amount of $500

It carries a penalty of a fine of $1,000 and a sentence of up to one year in the county jail. As the value of the property obtained through the unlawful usage of the credit card increases, so does the penalty.

First Offenses vs. Repeat Credit Card Fraud Offenders

Like any other criminal offenses, prior convictions can make your legal situation worse. In case of Repeat Credit Card Fraud Offenders the maximum sentence could go up to 20-years.

As one of the leading Credit Card Fraud defense lawyer John R. Teakell has successfully represented defendants on the state and federal level. As a former prosecutor, Teakell knows first-hand the most promising methods of compelling the government to prove its case against the accused, or drop the charges.

How John Teakell the best criminal defense attorney can help.

It makes sense to mention here, facing prosecution for any kind of white collar crime is a terrifying experience; however credit card fraud charges take even greater toll on the defendant. Needless to say; credit card fraud carries a certain stigma hence the local prosecutors are thus inclined in “making an example” of the defendant in order to ensure that these frauds are not treated leniently. Do not take a chance with your future. Do not just trust any lawyer to defend you when you are accused of credit card theft.

Only a skilled credit card fraud attorney can be a powerful ally in proving your innocence or ensuring that a fair sentence is handed down. The Law Offices of John R. Teakell in Dallas, Texas, provides customized, attentive legal services to people accused of white collar crimes.

The fact of the matter is; for those who plan to plead guilty, it is his job to reason with the judge. On the other hand; for defendants who are going to trial, Teakell reviews

State’s evidence for discrepancies
Conducts independent investigation
Develops winning trial strategy
Present the case to the jury in convincing fashion.

As one of the most preferred Criminal defense attorney in Dallas Teakell sifts through facts with a fine-tooth comb in pursuit of mitigating circumstances or evidence most likely to bring about the greatest degree of “damage control” possible. Meet John. R. Teakell for a consultation

Computer Fraud

teakelllawcom on July 29, 2015

Internet crime, computer fraud and violations encompass a whole range of illegal activity, from distribution of child pornography to investment fraud. It makes sense to mention here, internet crime stands as the fastest growing segments of criminal prosecutions. Both state and federal authorities have made it pretty clear that this type of criminal conduct will not be tolerated.

The Computer Fraud and Abuse Act (CFAA) is a moderately complex statute. To put things simply it establishes criminal and civil violations for a wide variety of acts. As the Internet Crime Attorney puts it, unlawful “access” to data is violation. The criminal defense attorney, John Teakell understands the gravity of these charges and uses his knowledge, skill and industry expertise for protecting the client’s’ rights and freedom.

Reasons and Consequences for Computer Fraud & Violations Charge

The CFAA is the federal anti-hacking law. Among other things, this law makes it illegal to intentionally access a computer without authorization.

Individual can be charged for computer fraud & violations for the following reasons:

Broad Scope Access Violations: The Broad Scope Access Violations in the CFAA are defined in the following way:

• Intentionally accessing a computer without authorization and as a result recklessly causes damage
• Violation for “intentionally accessing a protected computer without authorization” and as a result intentionally causing damage

Fraud Violations: Typically the fraud based violations include:
• Accessing a protected computer without authorization with intent to defraud
• Exceeding authorized access and furthering the fraud and obtaining anything of value
• Violation of “knowingly and with intent to defraud trafficking in any password.”
Computers and Miscellaneous Violations: The act in a broader sense defines “protected computer” as the government computers, financial institutions, and private computers that affect “interstate or foreign commerce or communication of the United States.” Hence the computer and miscellaneous violations include the access to
• National defense or foreign relations data
• Financial records
• credit reporting agency records and data
• U.S department or agency data
• data from any nonpublic computer of any U.S. department or agency
• transmission of a program, data, or code
• Extortion of money or other value by threat to cause damage to a protected computer

How John Teakell the criminal defense attorney can help

It’s time to be proactive if you are facing investigation or if you have been charged with an internet crime. You need the best legal representation after all. Teakell has the extensive experience handling internet crime cases which includes but not limited to:

• Illegal distribution of pharmaceutical drugs online
• Investment fraud
• Credit card fraud
• Identity theft
• Phishing scams
• Possession of child pornography
• Distribution of child pornography
• Solicitation of children through chat rooms

As the best criminal defense attorney Teakell understands the technical application of the law. He spent over 12 years in the U.S. Attorney’s Office as a federal prosecutor, most of which was in the Northern District of Texas where he was designated as a bank fraud prosecutor.

With his expertise and technical knowledge Teakell challenges the prosecution’s case while digging out the answers to the most pertinent questions :
• Did the alleged/defendant wanted to commit the crime?
• Was the defendant the only one with the access to the said computer?
• Did the action warrant a formal charge?

He works closely with former federal agents and also with the computer experts for identifying gaps and bridging them for the best interest of his clients
Keep in mind; criminal defense in Dallas demands effective, technical and skilled representation and this is exactly where the technical knowledge and skill of John Teakell comes in.
Act NOW, if you are facing charges for internet fraud or other computer crimes!
Talk to Teakell for best legal representation

Federal Trade Commission Violations: Protecting Your Rights and Business

teakelllawcom on July 29, 2015

Facing allegations of Federal Trade Commission (FTC) violations can be overwhelming and pose significant risks to your business and personal reputation. The FTC enforces laws to maintain fair competition and protect consumers from deceptive practices, but investigations or charges can have far-reaching consequences. At Teakell Law, we provide strategic legal counsel to defend individuals and businesses against FTC violations, ensuring your rights are protected at every stage.

This page explores the types of FTC violations, potential penalties, and how Teakell Law can help you navigate these complex cases.

What Are FTC Violations?

FTC violations occur when businesses or individuals engage in practices that the Federal Trade Commission deems unfair, deceptive, or anticompetitive. The FTC has broad authority to enforce various laws, including:

The Sherman Act: Prohibits monopolistic practices and restraints of trade.
The Clayton Act: Addresses price discrimination, mergers, and other anticompetitive practices.
The FTC Act: Prohibits deceptive advertising, false claims, and other unfair business practices.

Common examples of FTC violations include false advertising, data privacy breaches, and engaging in practices that stifle competition. For more details on related charges, visit our page on White-Collar Crimes.

Common Types of FTC Violations

Deceptive Advertising: Making false or misleading claims about products or services.

Unfair Business Practices: Engaging in conduct that causes substantial harm to consumers, such as hidden fees or unfair contract terms.

Antitrust Violations: Engaging in monopolistic practices, price fixing, or bid rigging.

Data Privacy Breaches: Failing to safeguard consumer data or violating privacy laws.

Each type of violation requires a tailored legal defense. Learn more about defending against fraud-related allegations on our Fraud Defense page.

Penalties for FTC Violations

FTC violations can result in severe penalties that affect both businesses and individuals. The nature of the penalty depends on the specific violation and its impact.

Potential Consequences:

Fines: Corporations can face fines up to $100 million, while individuals may face fines up to $1 million.
Restitution: Businesses may be required to compensate consumers or competitors harmed by their practices.
Imprisonment: For severe antitrust violations, individuals may face up to 10 years in prison.
Injunctions: The FTC may seek court orders to stop ongoing violations.
Reputational Damage: Public investigations or penalties can harm a business’s credibility and customer trust.

Visit our Tax and Financial Crimes page for more information on penalties associated with financial misconduct.

Defending Against FTC Violations

Building a strong defense against FTC allegations requires a thorough understanding of antitrust and consumer protection laws. At Teakell Law, we analyze every aspect of the case to craft a strategy tailored to your specific circumstances.

Key Defense Strategies:

Lack of Intent: Demonstrating that actions were unintentional or based on misinterpretations of regulations.
Compliance Measures: Providing evidence of compliance programs designed to prevent violations.
Challenging Evidence: Questioning the validity and sufficiency of the evidence presented by the FTC.
Negotiating Settlements: Exploring settlement options to mitigate penalties and avoid lengthy litigation.

To understand more about defending your rights in complex cases, explore our page on Defending Multiple Charges.

How Teakell Law Can Help

Navigating FTC investigations and charges requires a skilled attorney who understands the complexities of federal laws and enforcement procedures. At Teakell Law, we provide:

Strategic Defense Planning: Tailoring defense strategies to your case specifics.
Experienced Representation: Leveraging extensive experience in federal cases, including antitrust and fraud allegations.
Proactive Guidance: Advising clients on compliance measures to avoid future violations.

Whether you’re facing charges or under investigation, our team is here to protect your interests and provide the legal support you need.

Contact Teakell Law Today

If you or your business is facing allegations of FTC violations, don’t navigate the complexities alone. Contact Teakell Law today to schedule a consultation. Our experienced attorneys are ready to fight for your rights, protect your business, and ensure the best possible outcome.

Extortion and Federal Threat Crimes

teakelllawcom on July 29, 2015

Legal Brief

THREATENING COMMUNICATIONS, EXTORTION, BLACKMAIL AND OTHER THREAT CRIMES IN FEDERAL COURT

By John Teakell Attorney-‐at-‐Law

Dallas, Texas

I. Generally Title 18 of the United State Code contains several federal crimes of extortion, communicating threats, and similar federal offenses, whether the communication is via “wire” or mail. Sections 871 through 880 of Title 18, U.S. Code, list these federal crimes: §871. Threats Against the President §872. Extortion by U.S. Officers or Employees §873. Blackmail §874. Kickbacks from Public Works Employees §875. Interstate Communications §876. Mailing Threatening Communications §877. Mailing Threats from Foreign Country §878. Threats Against Foreign Officials §879. Threats Against Former Presidents §880. Receiving Proceeds of Extortion

Generally, the crime of “blackmail” has become more known as “extortion.” Extortion is essentially threatening to do something, or disclose something, that will in some manner harm the potential victim of the threat. Often, the threat of the potential harm is done in attempts to obtain something of value, whether it is money or some non-‐tangible benefit. It is a federal crime pursuant to the use of interstate or foreign communications (see Title 18, U.S. Code, §875, Interstate Communications), or the use of the mail (see Title 18, U.S. Code §876, Mailing Threatening Communications). A federal threat crime can also be prosecuted pursuant to the requirement that it involve a violation of federal law (see Title 18, U.S. Code, §873, Blackmail).

II. Commonly Used Charges

The most common extortion or extortionate threat prosecuted by a United States Attorney’s Office or by the U.S. Department of Justice is for Interstate Communications, which involves threats of harm (can be physical, economic, or other) that are carried out by the use of wire transmissions, such as emails, faxes, computer chats or messages, wires, or other interstate or foreign communications. Mailing threatening communications would have been considered a common method of communicating threats that violate federal criminal law several years ago, but with technological advances with computers and communications, more such threats are commonly communicated by an interstate transmission than by using the mail system.

A less-‐commonly charged federal crime than threats by interstate communication, but probably more known by the public, is the federal offense of Threats Against the President. The U.S. Secret Service commonly investigates leads of persons who may appear to have made threats against the President of the United States, yet a small percentage are actually formally charged through the U.S. Attorney’s Office.

III. Threatened Harm

The threat has to be an actual threat, and the potential or threatened harm can be economic, but it does not have to be so. A threatened harm can be to reputation or to any information that would negatively affect a person or his/her business.

Title 18 U.S.C. §875, Interstate Communications, references a potential, or threatened: 1) kidnapping; 2) harm/injury to a person; 3) harm to the property of a person; or 4) harm to his reputation.

Title 18, U.S.C. §876, Mailing Threatening Communications, lists the same potential harms from a threat as the subject of prosecution: 1) kidnapping; 2) harm to a person; 3) harm to property; or 4) harm to reputation.

Note that Title 18, U.S.C. §873 contains the phrase “under a threat of informing, or as a consideration for not informing.” This is the classical blackmail/extortion situation, wherein a person would threaten to inform people or the public of a wrongdoing or an embarrassing matter, in order to obtain a payment for not disclosing such information. Such information could be the subject of a legitimate prosecution for criminal activity, yet the “blackmailer” or person making the extortionate threat, would still be guilty of committing the crime of extortion or blackmail (or making threatening communications, depending on how the prosecution charged the case).

IV. Extortionate Credit Transactions

Title 18 of the U.S. Code makes it illegal to make extortionate lending of credit, which is, in general terms, making loans with rates of interest in excess of 45%. These types of transactions are historically associated with organized crime figures and/or “loan sharking.”

Extortionate lending offenses are found at 18 U.S.C. §891, et seq., specifically at §§892 and 893.

V. Investigations

Investigations of threatening communications are often started by a complaining person, who claims to have been threated by email, text, mail, or some other manner. The Federal Bureau of Investigation, U.S. Postal Inspectors, U.S. Homeland Security and the U.S. Secret Service can investigate these complaints of threats or extortion. The U.S. Secret Service becomes aware of letters written to the President or other communications to the President or White House due to their monitoring for security reasons.

These federal investigations, like all other federal investigations, would be prosecuted by a United States Attorney’s Office in the district where the offense occurred, or it might be prosecuted by the U.S. Department of Justice. Some threats could be prosecuted in the District of Columbia, such as a threat against the President.

VI. Sentencing

Any person convicted in federal court of extortionate threats, blackmail, or threats against the President, is subject to the type of sentencing as in other federal cases. That is, such sentencings are guided by the U.S. Sentencing Guidelines, taking into consideration the recommendation punishment range from the calculations of the U.S. Sentencing Guidelines. These calculations depend on the base level of the particular guideline, plus the enhancements for factors that address the egregiousness of the incident(s). See the U.S. Sentencing Guidelines and U.S. Sentencing Guidelines Manual.

Prescription Fraud

teakelllawcom on July 29, 2015

Legal Brief

Prescription Fraud Prosecutions

By: John Teakell

Attorney-at-Law

Dallas, TX

Charges in both State and Federal courts where a person fills a forged prescription, phony prescription, or chooses to change what they were prescribed.

I. Generally

“Prescription Fraud” as it is commonly known, is obtaining controlled substances (illegal drugs) in a fraudulent manner by the use of a doctor’s prescription. Prescription fraud cases can be prosecuted in state or federal court depending on the complexity of the underlying activities, yet most of these cases are prosecuted in state court as a charge of obtaining controlled substances by fraud or a similar charge.

More complex fraudulent prescription fraud cases, such as a continual scheme to obtain controlled substances, or large volumes in numbers of prescriptions used, could result in a conspiracy charge or fraud scheme charged in federal court. These federal cases are to be distinguished from large numbers or unnecessary prescriptions given by a physician, known as “pill mill” cases. A pill mill is the name given to a physician’s office or clinic wherein doctors and other health care workers are accused of providing prescriptions for pain medications where there is no medical necessity.

II. Typical Prescription Fraud

The more-common prescription fraud case involves an individual who obtains controlled substances without a legitimate prescription, or the individual obtains more controlled substances than his/her prescription allows.

Another common variation of these prescription fraud cases includes obtaining prescriptions that, by themselves, would be legitimate; however, the patient obtaining the prescriptions is seeing several or numerous doctors, obtaining numerous prescriptions for the same, or same type of, substance without telling all the other doctors that he/she is seeing numerous doctors at the same time. Thus, the patient obtains numerous prescriptions that are issued by a physician, and the patient can obtain a lot more substances to feed his/her addiction, to create a high, or to sell the excess controlled substances. Often, the substances here are pain medication.

III. Types of Fraudulent Prescriptions

Altered prescriptions, that is, legitimate prescriptions with altered (increased) amounts of the substance to obtain additional amounts of legitimately prescribed drugs.
Stolen prescription forms from physicians’ offices that are written for fictitious patients.
Prescriptions to the real individual with forged doctor’s names.
Legitimate prescription forms from a physician with a different callback number where a co-conspirator “verifies” the prescription.
Calling in own prescriptions with their telephone number for a callback confirmation.
Computer-generated prescriptions for fictitious physicians.

IV. Indictments

Indictments charging criminal cases of prescription fraud are commonly prosecuted in state court as referenced above, and more complex schemes can be prosecuted in federal court.

The federal cases are charged as a violation of Title 21 of the United States Code, and state prosecutions are accomplished by a charge of Obtaining Controlled Substances by Fraud, or a similar charge. In state court in Texas, the statutes used for this prescription fraud are found in the Texas Health and Safety Code, §489.129.