teakelllawcom – Page 6 – Law Office of John R. Teakell

What is Tax Evasion? An Overview of This White-Collar Crime

teakelllawcom on November 30, 2022

Tax evasion is the illegal act of avoiding or underpaying taxes. According to the Internal Revenue Service (IRS), tax evasion includes any deliberate attempt to avoid paying taxes, whether through filing a false return, hiding assets, or failing to file a return altogether. Tax evasion is considered a felony and is punishable by up to five years in prison and a fine of up to $250,000 for individuals ($500,000 for corporations).

Types of Tax Evasion

There are two main types of tax evasion: evading assessment and evading payment.

Evading Assessment

Evading assessment occurs when a taxpayer deliberately underreports their income or overstates their deductions in an attempt to reduce their tax liability. Filing a false return is the most common type of evading assessment. For example, if an individual taxpayer claims more deductions than they’re entitled to or omits income from their return, they may be guilty of evading assessment.

One of the best criminal defenses for accusations of evading tax assessment is to argue that the taxpayer was ignorant of the law. This defense is often successful because the law is complicated and it can be difficult for taxpayers to know what is and isn’t allowed. Another common defense is to argue that the taxpayer made a mistake, for example by claiming too many deductions or by reporting incorrect information.

Evading Payment

Evading payment occurs when a taxpayer attempts to avoid paying taxes that they owe by hiding assets or transferring them to someone else. For example, taxpayers who put their money in offshore accounts or fail to report all of their income can be guilty of evading payment.

There are a few criminal defenses that may be available to those accused of evading tax payments. These include arguing that the taxpayer had no intent to evade taxes, claiming that the money was not hidden or transferred with the intent to avoid payment, and asserting that the taxpayer was unaware of their obligations to pay taxes. Additionally, taxpayers may be able to argue that they were victims of mistaken identity or that the evidence against them was obtained illegally.

Of course, in both of these scenarios, we are just speaking of generalities. Each case is unique, and you won’t know the best defense until you can speak to your attorney about the particulars. It’s important that you do, though, because recent legislation out of Washington has given the IRS an infusion of cash in which they plan to go after so-called “tax cheats” more aggressively. It’s best to get your ducks in a row now before the upcoming tax season.

Tax Evasion Is a Serious Matter That Demands the Best Defense Possible

No one likes paying taxes, but tax evasion is not the answer. Not only is it illegal, but it can also result in hefty fines and even jail time. If you’re facing accusations of tax evasion, it’s important to seek legal assistance from a qualified tax defense attorney as soon as possible. An experienced attorney like John R. Teakell will be able to review your case and advise you on the best course of action moving forward.

Throughout his career, Mr. Teakell has been chosen as a Top Rated White Collar Crimes Attorney in Dallas. He was also selected by the Top 100 Lawyers, The National Trial Lawyers: Top 100, and the National Association of Distinguished Counsel, an award reserved for the top 1% of attorneys in the nation. Mr. Teakell is well-equipped to tackle the evidence and help you challenge the evidence head-on. Contact him today to get the best possible defense.

Featured in Forbes and Fortune

teakelllawcom on November 30, 2022

The Law Office of John R. Teakell is proud to announce that founder and lead counsel, John Teakell, has been featured in two prestigious national magazines – Forbes and Fortune. In these magazines, Mr. Teakell is profiled as the only white-collar criminal defense attorney in the Dallas/Fort Worth legal market. The article heralds Mr. Teakell’s 35+ years as an attorney, first working the prosecutorial side before using that knowledge to “challenge the evidence [in criminal cases] from start to finish.”

“Recognized for his representation of white-collar and high-profile criminal defense cases, Mr. Teakell has been sought out by local and national news outlets, including NBC Nightly News, CNN, and Bloomberg,” the piece notes, adding that Mr. Teakell is “persistent and thorough.”

The profile states that his familiarity with the justice system’s inner workings makes him well-versed in the investigative process and of unique advantage to his clients. “Regardless of the cards stacked against his clients, Mr. Teakell’s motto is to help them get the best possible result. Clients trust him to preserve their freedom and help them avoid what could be significant imprisonment.” In 2022 alone, Mr. Teakell has obtained dismissals in nine of his most high-profile cases, and updates are routinely posted on his website (teakelllaw.com).

Before opening his firm, Mr. Teakell spent two years as Senior Trial Counsel for the Southeast Regional Office of the U.S. Securities and Exchange Commission. He served more than 12 years as an Assistant U.S. Attorney in Dallas and Puerto Rico, handling high-profile cases involving bank fraud, drug trafficking, and money laundering.

Mr. Teakell’s current workload includes criminal defense matters and federal cases nationwide with a focus on government contract fraud, possession of classified documents, investor fraud, securities fraud, PPP loan fraud, and computer intrusions.

“I have handled most of the federal criminal issues you’ll ever see,” says Mr. Teakell. “As a former prosecutor, I provide perspective clients won’t get with many other lawyers and an understanding of all the avenues available to get their case resolved. I understand how the process works. When you have that insight into how an investigation unfolds, it helps you get in ahead of the curve before there is an indictment to try to derail an investigation or at least mitigate a client’s exposure.”

Throughout his career, Mr. Teakell has been chosen as a Top Rated White Collar Crimes Attorney in Dallas. He was also selected by the Top 100 Lawyers, The National Trial Lawyers: Top 100, and the National Association of Distinguished Counsel, an award reserved for the top 1% of attorneys in the nation. Mr. Teakell is the co-author of the bestselling legal manual A Cup of Coffee With 10 of the Top Criminal Defense Attorneys in the United States.

The latest feature from Forbes and Fortune magazines is not Mr. Teakell’s first time to be recognized by one of these widely popular brands. In February 2010, Mr. Teakell was profiled in the March 2010 issue of Forbes. Potential clients as well as other media outlets may reach Mr. Teakell for input at 214-523-9076.

Understanding the Red Flags of Health Care Fraud

teakelllawcom on October 26, 2022

Health care fraud is a big problem in the United States. According to the National Health Care Anti-Fraud Association, health care fraud costs the country billions of dollars every year.

There are many different types of health care fraud, but some of the most common include billing for services that were never rendered, billing for more expensive services than were actually provided, and submitting false or inflated claims to insurance companies.

If you’re accused of health care fraud, it’s important to know your rights and to understand the investigation process. This blog post will cover some of the basics of health care fraud investigations, including common red flags that investigators look for and who generally reports suspicious activity.

Common Red Flags That Investigators Look For

There are certain red flags that investigators often look for when trying to prove health care fraud. Some of these red flags include:

Unusually high numbers of patient visits or procedures performed

The high numbers of patient visits or procedures performed could be a sign of health care fraud if there is no logical explanation for the increase. For example, if a clinic suddenly has twice as many patients as usual, it may be a sign that the clinic is billing for services that were not actually provided. Similarly, if a doctor performs an unusually high number of procedures, it may be a sign that the doctor is billing for procedures that were not actually performed.

A large number of patients who live far away from the health care provider

The lion’s share of a healthcare clinic’s business, for example, comes from a 20-50-mile radius. While specialty hospitals such as MD Anderson could see patients from all across the country, it’s quite unusual for the average facility. As such, large numbers of patients coming from far distances can ring the alarm bells.

Billing for services that were never rendered

This can happen in a number of ways, but one of the most common is when a provider bills for a higher level of service than was actually provided. For example, a provider may bill for a consultation when only a brief exam was conducted.

In other cases, providers may simply invent services that were never performed and bill the patient or insurance company for these nonexistent services.

Billing for more expensive services than were actually provided

Another riff on the previous section, a doctor or nurse practitioner itemizes a more advanced procedure than what the patient actually received. This can be a red flag for investigators, as it may indicate that the person is trying to overcharge the system. This type of behavior can lead to charges of health care fraud, as the individual is essentially trying to cheat the system in order to make a profit.

Submitting false or inflated claims to insurance companies

This can happen if a person exaggerated the cost of their medical treatment or submitted claims for services that were never actually received. In some cases, people have even been known to create fake medical bills in order to get the insurance company to pay out more money. Health care fraud is a serious crime that can result in heavy fines and significant jail time, so it’s important to be honest about all dealings with an insurer.

Who Generally Reports Suspicious Activity?

Suspicious activity in the healthcare industry is generally reported by employees, patients, and health care providers. However, anyone can report suspicious activity if they have reason to believe that fraud is occurring.

The important thing to remember, especially when dealing with billing matters and insurance companies, is that everyone is looking over your shoulder. Mistakes can have wide-reaching ramifications so make sure you get it right the first time and act in good faith.

Fight Health Care Fraud Accusations Head On

Health care fraud is a serious problem in the United States. If you’re accused of health care fraud, it’s important to know your rights and to understand the investigation process. This blog post has covered some of the basics of health care fraud investigations, including common red flags that investigators look for and who generally reports suspicious activity.

If you have any questions or concerns about a possible health care fraud investigation, please contact John Teakell today. He is an experienced defense attorney who can help protect your rights.

Expulsion Factors: Why You Should Always Fight It

teakelllawcom on October 20, 2022

No parent wants to hear that their child has been expelled from school. But it’s a reality that many families face. If your child has been expelled, it’s important to understand the factors that go into the decision and why you should always fight it.

With the help of a qualified expulsion defense attorney, you can give your child the best chance at staying in school and getting back on track. In this blog post, we’ll be looking closely at some of the factors that go into deciding on expulsion, as well as what your legal options are for moving forward.

What Factors Go Into an Expulsion Decision?

When a child is accused of misconduct, the school will usually conduct an investigation. Once the investigation is complete, a hearing will be held to determine whether the child should be expelled. The hearing panel will consider a variety of factors, including:

-The severity of the misconduct

-The child’s age

-The child’s past disciplinary record

-Whether the child poses a danger to other students or staff

-Whether expulsion is necessary to protect the rights of other students

-Whether there are any other options available, such as suspension or counseling

Expulsion is somewhat rare in the education system and saved for the most egregious cases. However, it still happens every school year and in every state, so it’s essential that parents know what to expect.

Why You Should Always Fight an Expulsion Decision

An expulsion can have a major impact on your child’s future. It can make it difficult to get into another school and may even follow your child into adulthood. That’s why it’s so important to fight an expulsion decision if your child has been accused of misconduct.

With the help of a qualified attorney, you can ensure that your child’s rights are protected and that all relevant information is considered by the hearing panel.

The hearing will likely be presided over by a panel of school officials, who will listen to both sides of the story and make a decision about whether or not to expel the child. It is important for the parents to be prepared for this hearing and to have all relevant information and documentation ready to present to the panel.

If the child is represented by an attorney, the parents can focus on presenting their case while the attorney handles any legal issues.

What Are Your Options if Your Child Is Expelled?

If your child is expelled, you have the right to appeal the decision. The appeals process varies from state to state but usually involves filing a written request for an appeal within a certain timeframe. An attorney can help you navigate the appeals process and give you the best chance at getting your child back into school.

An attorney can help parents navigate the appeals process and present the best case possible to get their child back into school. This may involve arguing that the expulsion was unjustified or that there are extenuating circumstances that warrant reinstatement.

If the child has been expelled from a particular school, the attorney may also be able to negotiate with the school district to get the child transferred to another location. However, it is important to note that most schools are reluctant to admit students who have been previously expelled, so there is no guarantee that this will be successful. All the more reason to present an aggressive case for reinstatement!

Expulsion Presents a Critical Early Crossroads in Your Child’s Life

No parent wants to hear that their child has been expelled from school. But if it happens, it’s important to understand the factors that go into the decision and why you should always fight it. With the help of a qualified expulsion defense attorney, you can give your child the best chance at staying in school and getting back on track.

If you’re in the Dallas area, consider John Teakell. John is a skilled litigator, who specializes, in part, on issues of this magnitude. Since 1985, he has proven to be adept on both sides of the legal spectrum, serving as both a federal prosecutor and a vigorous defender. Contact him today to give your child the best chance at a brighter future.

Computer Crimes from A-E: 5 Common Types

teakelllawcom on October 12, 2022

In today’s digital age, more and more crimes are being committed through the use of computers and the internet. While some of these crimes may seem relatively harmless, they can actually have serious real-world consequences. And if you find yourself being accused of such a crime, the punishments can be life-altering in severity.

In this blog post, we’ll be taking a look at computer crimes from A-Z (or E as the case may be). Here are 5 of the most common types.

A is for Activation Code Fraud

Activation code fraud is when someone illegally obtains an activation code for software or other digital content. They then use that code to activate the content on their own device. This type of fraud is usually committed by downloading cracked versions of paid software from illegal sources on the internet.

Activation code fraud can result in a variety of punishments, depending on the severity of the crime and the jurisdiction in which it is prosecuted. Some of the possible punishments include:

fines
jail time
community service
probation

This can also shine a bigger spotlight on your online activities moving forward.

B is for Botnets

A botnet is a network of infected computers that are controlled remotely by a malicious actor. These computers, or “bots,” can be used to carry out Distributed Denial of Service (DDoS) attacks, send spam emails, or commit other types of cybercrime.

The outcomes that hackers are seeking when they use botnets can vary. In some cases, they may be looking to launch a DDoS attack in order to take down a website or server. In other cases, they may be looking to send spam emails in order to distribute malware or steal information.

If you’re accused of committing a crime using a botnet, it will likely be prosecuted at the federal level. The punishments for such crimes can range from prison time to large fines. The severity of the punishment will usually be based on the damage that was caused by the botnet.

C is for Cryptocurrency Theft

Cryptocurrency theft is when someone illegally obtains another person’s cryptocurrency, such as Bitcoin or Ethereum. This can be done through hacking into someone’s cryptocurrency wallet or exchanges, or simply by tricking someone into sending cryptocurrency to a fraudster’s wallet address.

Prosecutors are able to prove these types of crimes by tracing the cryptocurrency back to the thief’s wallet address. They can also use forensic evidence to track down the thief’s computer IP address. If you’re accused of cryptocurrency theft, you should contact a criminal defense attorney immediately. Your attorney will be able to mount a defense and protect your rights.

D is for Data Breaches

A data breach is when sensitive information, such as credit card numbers or social security numbers, is illegally obtained by someone not authorized to have that information. Data breaches can occur through hacking, phishing, or even physical theft of devices such as laptops or smartphones.

A data breach is not a victimless crime. The individual whose information has been stolen may experience financial hardship if their credit card number is compromised, for example. They may also experience identity theft if someone uses their social security number to open new accounts in their name.

If you are convicted of a data breach, you could face significant fines and imprisonment. A reputable defense attorney will likely mount a defense based on your lack of intent to harm anyone and the fact that you took steps to protect the information.

E is for Espionage

Espionage is the illegal collection of information about another person or organization. This can be done through hacking into their computer systems or physically stealing documents containing sensitive information. Espionage can be committed by individuals acting on their own behalf, or by foreign governments trying to gain intelligence about another country.

When accused of computer-related espionage, it is important to seek legal representation from an attorney who has experience in this specific area of law. This attorney will be able to advise you on the best way to defend yourself against the charges and may be able to negotiate a plea bargain if necessary.

These are just 5 of the many types of computer crimes that exist in today’s digital world. If you have been charged with any type of computer crime, it’s important to seek out experienced legal help as soon as possible.

John Teakell is an experienced attorney, who will be able to review the facts of your case and determine the best course of action for your defense. And since he has several years of experience with computer-related crimes – both as a defense attorney and prosecutor – he is your best bet for effectively navigating such charges. Contact his law offices today to learn more or set up an appointment.

The Importance of Prosecutor Experience in a Defense Attorney

teakelllawcom on October 3, 2022

If you find yourself in the unfortunate situation of needing to hire a defense attorney, you may be wondering what kind of experience you should look for. While many factors are important, one of the most important is prosecutor experience. Here’s why:

An Experienced Prosecutor Knows the System

An experienced prosecutor knows how the system works. They know the ins and outs of how cases are built and how to best attack them.

This knowledge is invaluable when it comes to mounting a defense. Your attorney will know what to expect from the prosecution and can plan accordingly.

Some things a prosecutor will know that a defense attorney without prosecutorial experience would not include:

the typical strategies the prosecution will use in building their case;
the weaknesses of their case that can be exploited;
what evidence is likely to be presented and how it will be used;
how to cross-examine witnesses effectively; and
what plea bargains may be available.

A prosecutor also has an understanding of the court system itself, including the judges, prosecutors, and other court personnel who will be involved in the case. This knowledge can be helpful in negotiating a plea bargain or in preparing for trial.

An Experienced Prosecutor Knows the Players

An experienced prosecutor also knows the players involved in the criminal justice system. This includes judges, prosecutors, and law enforcement. This knowledge can be used to your advantage.

Your attorney will know which judges are more likely to be lenient and which prosecutors are more likely to be aggressive. This knowledge can help your attorney tailor their approach to get the best possible outcome for your case.

Prosecutors are typically very aggressive and will often try to get the most severe punishment for the defendant. However, there are some prosecutors who are more willing to negotiate a plea deal. Your attorney will know how each operates.

Law enforcement is also important to know. Attorneys with prosecutorial experience often know which officers are more likely to be sympathetic to your case and which ones are more likely to be aggressive. This information can help your attorney approach law enforcement with a strategy that is more likely to result in a favorable outcome.

An Experienced Prosecutor is a Skilled Negotiator

An experienced prosecutor is also a skilled negotiator. They know how to plea bargain and how to get charges reduced or dropped altogether. This skill is especially important if you are facing serious charges that could result in jail time.

Your attorney will know how to negotiate with the prosecution to get the charges reduced so that you can avoid jail time or get a lighter sentence.

Before becoming a defense attorney, John Teakell worked as a prosecutor for many years. This gives him a unique perspective when it comes to negotiating with the prosecution on behalf of clients.

In an embezzlement case, for example, he might start by looking at the evidence that the prosecution has against his client. If there is strong evidence of guilt, he would try to negotiate a plea bargain in which the client pleads guilty to a lesser charge in exchange for a reduced sentence.

If the evidence against his client is weaker, he would try to have the charges dismissed altogether. In either case, the goal is to get the best possible outcome for you or your loved one.

Playing Both Sides Is A Great Option

Facing serious criminal charges is an intimidating experience. You want to know how both sides of legal combat operate. The only way to get there is to work with someone who has been on the other side.

If you find yourself in need of a defense attorney, make sure you seek out one with prosecutor experience. An experienced prosecutor brings valuable knowledge and skills to the table that can help you get a favorable outcome for your case. So don’t hesitate, seek out an experienced prosecutor today!

John Teakell has many years of experience working to get his clients the best possible outcome, and he will lean on his prosecutorial experience, as well as his skilled defense techniques, to do the same for you. Contact him today to get your defense in motion.

Organized Crime in Texas: What You Need to Know

teakelllawcom on September 23, 2022

If you’ve been charged with engaging in organized criminal activity in Texas, you may be wondering what exactly that means. In this blog post, we’ll give you a brief overview of what organized crime is and how it’s defined in Texas.

We’ll also discuss the penalties you may be facing if you’re convicted, as well as some possible defenses to the charges. Let’s begin!

Organized Crime Defined

The first thought that usually pops into the head of people when they hear the term “organized crime” is of The Godfather. The Mario Puzo novel and Francis Ford Coppola film shone the biggest spotlight on the mafia since the days of Al Capone, and both remain national treasures.

While the story is largely about family, the organized crime element is hard to miss. So, just what is organized crime?

It’s a broad term that encompasses a wide range of illegal activities. Generally speaking, organized crime refers to any group of people who work together to engage in criminal activity for financial gain.

This can include crimes like drug trafficking, gambling, money laundering, extortion, and prostitution. In Texas, the law defines organized criminal activity as “any combination or conspiracy to commit two or more offenses.”

How Texas Views Organized Crime

Texas takes a very tough stance on organized crime, and prosecutors will usually seek the harshest possible penalties against those accused of engaging in it. If you’ve been charged with engaging in organized criminal activity, you could be facing significant fines (six figures or more) and up to life in prison.

The severity of the crimes will play the biggest part in determining a judgment. Close behind it is the quantity. Once prosecutors are confident enough to make one charge stick, it’s easy to connect others to the commission of the crime they’re charging you with.

Fortunately, there are defenses available to those facing charges of engaging in organized criminal activity. One common defense is that the defendant was not actually aware that the group he or she was involved with was engaged in criminal activity. Another is that the defendant withdrew from the group before any crimes were actually committed.

Hiring an Organized Crime Defense Attorney

If you’ve been charged with engaging in organized criminal activity in Texas, it’s important to find an experienced criminal defense attorney who can help you navigate the legal system and protect your rights. But with so many attorneys to choose from, how do you know which one is right for you? Here are some questions to ask.

How much experience do you have defending against organized crime charges?

Make sure you hire an attorney with extensive experience fighting organized crime charges. This is not the time to hire a general practitioner; you need someone who knows the ins and outs of this specific type of law.

What kind of resources does your firm have?

When you’re facing organized crime charges, you’ll need all the help you can get. Make sure the attorney you hire has access to the resources necessary to put up a strong fight on your behalf. This could include access to investigators, private labs, and experts in various fields.

What is your trial success rate?

Ask an attorney about their success rate, especially in cases like this where the stakes are so high. Choose someone with a proven track record of success in the courtroom.

Who will be working on my case?

When you sit down with an attorney, they may tell you that they’ll personally be handling your case. However, in many law firms, it’s not the senior partners who do the majority of the work; it’s junior associates and paralegals. Understand who will be working on your case and what role they’ll play in preparing your defense.

What’s your strategy for my case?

Every case is different, so there is no one-size-fits-all approach to defending against organized crime charges. Make sure whomever you hire has a specific strategy tailored to your situation.

What are the odds of winning?

No attorney can guarantee a particular outcome, but they should be able to give you an idea of your chances of success given the facts of your case. Be wary of any attorney who promises a certain outcome or tries to downplay the seriousness of the charges against you.

Your Way of Life Is on the Line

Being charged with engaging in organized criminal activity is a serious matter that could result in life in prison if convicted. If you or someone you know has been arrested for allegedly participating in organized crime, it’s critical that you contact a qualified criminal defense attorney right away.

An experienced lawyer will know how to challenge the prosecution’s case and build a strong defense on your behalf. That’s especially true when the defense attorney has prior experience as a prosecutor.

John Teakell has worked on both sides of the judicial divide. He knows the work and the types of evidence that fuel a prosecutor’s case, and he knows how to push back. To set up your first visit, contact his law office today.

Accused of Counterfeiting? Here’s What You Need to Do Next

teakelllawcom on September 16, 2022

Being accused of counterfeiting is a serious matter. If you are convicted, you could face significant fines and jail time. That’s why it’s important to take immediate action if you find yourself in this situation.

The first step is to contact an experienced attorney who can help you navigate the legal system and protect your rights. In this blog post, we’ll be discussing what to look for in a counterfeiting attorney, as well as some useful defenses that can effectively push back against whatever counterfeiting charges are brought against you.

What Is Counterfeiting?

Counterfeiting is the act of making or selling fake products with the intent to deceive consumers. In the United States, it is illegal to produce, distribute, or sell counterfeit goods. Unfortunately, many people are unaware that they are breaking the law until it’s too late.

If you have been accused of counterfeiting, it’s important to understand the severity of the charges against you. Depending on the value of the goods involved, you could be facing a high-level felony offense. If convicted, you could be fined up to $250,000 and sentenced to up to five years in prison, not to mention any jail time that authorities are able to stack on in the commission of your arrest.

How to Fight Counterfeiting Charges

If you have been accused of counterfeiting, you cannot afford to wait around. The first step is to contact an experienced attorney who can help you navigate the legal system and protect your rights.

Your attorney will review the evidence against you and help develop a defense strategy. In some cases, it may be possible to get the charges reduced or dismissed altogether. However, if your case goes to trial, your attorney will be by your side every step of the way to ensure that you receive a fair trial.

Some of the most common defenses against counterfeiting charges include lack of intent, innocent infringement, and fair use. Keep reading to learn more about these defenses and how they can help you beat counterfeit charges.

Lack of Intent

One of the most common defenses against counterfeiting charges is lack of intent. For someone to be found guilty of counterfeiting under federal law, they must have intended to deceive consumers. This means that if you can show that you did not intend to deceive anyone, you may be able to get your charges dropped or dismissed entirely.

Innocent Infringement

Another common defense against counterfeiting charges is innocent infringement. This defense applies if you didn’t know that the product you were selling was counterfeit or if you had reasonable grounds to believe that it was not counterfeit.

If you can show that you were unaware that the product was counterfeit, you may be able to get your charges reduced or even dismissed. (For example, you were sold something on eBay as authentic and resold it without realizing that it wasn’t authentic at all.)

Fair Use

The fair use defense is a bit more complicated, but it may apply in certain situations. The fair use doctrine allows limited use of copyrighted material without the copyright holder’s permission under certain circumstances.

Factors that are considered when determining whether or not something is fair use include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work. If you can show that your use of the copyrighted material falls under fair use, it can affect your case for the better.

Partner With a Defense Attorney Experienced in Counterfeiting Cases

If you have been accused of counterfeiting, it’s important to take immediate action and contact an experienced attorney. Your attorney will review the evidence against you and help develop a defense strategy.

In some cases, it may be possible to get the charges reduced or dismissed. However, if your case goes to trial, your attorney will be by your side every step of the way to protect your rights and ensure that you receive a fair trial.

John Teakell has been doing just that for several years now. He has a number of counterfeit cases under his belt, and he’s eager to put his expertise to work for you. Contact the office today to set up your first consultation.

Defending Yourself Against Identity Theft Charges

teakelllawcom on September 12, 2022

Being accused of identity theft can be a frightening experience. While low-dollar thefts aren’t likely to land you much jail time, the punishments can escalate quickly as those dollar amounts go up.

If you are currently facing identity theft charges, it is important to know your rights and how to protect yourself. This blog post will provide an overview of what to do if you are accused of identity theft, as well as some of the most effective defenses used against the prosecution.

When You First Find Out

Being notified that there is a warrant for your arrest seems surreal. That’s true regardless of whether you’re guilty. Every prison nightmare you ever watched on television immediately starts playing through your head.

Your first step when you hear this accusation? Don’t panic. That can be easier said than done, but it’s certainly possible provided that you’re doing the following:

Immediately seeking legal representation
Avoiding any and all statements to law enforcement until you have spoken with your attorney
Exercising your right to remain silent

Law enforcement may try to lean in on you and hint at the evidence they have against you. Don’t go in for it. That’s a matter that should be discussed with your attorney once they arrive.

You Have Made Contact With the Attorney: Now What?

Your next step is to sit down with your attorney and go over everything you know about the identity theft accusation. This will help them build a defense against the charges.

From there, your attorney will likely want to see any evidence that the prosecution has against you. This will help them determine what they’re working with and what needs to be done to build a proper defense.

Common Defenses to Identity Theft Charges

There are a few different defenses that can be used against identity theft charges. The most common ones include:

Lack of evidence: For a conviction to occur, the prosecution needs to have enough evidence to prove that you are guilty beyond a reasonable doubt. If they do not have this, your charges will be dropped.
Innocent explanation: In some cases, there may be an innocent explanation for the evidence the prosecution has against you. For example, if you have someone’s credit card number saved in your phone because you were going to return a lost item, that is not identity theft.
Mistaken identity: If the prosecution has the wrong person, you are unlikely to be convicted of a crime you did not commit. That’s especially true with good legal representation.

It’s important to remember that the burden of proof is on law enforcement. They must be able to prove beyond a shadow of a doubt that you were the one who not only accessed the information but also used it under pretenses. Without video evidence, that can be difficult to do!

Circumstantial Evidence But No Smoking Gun?

In this situation, your defense attorney will most likely argue that the prosecution’s case is based on circumstantial evidence. While this type of evidence can be convincing, it is not as strong as direct evidence. If the prosecution cannot prove that you were the one who committed the crime, you may be able to have the charges against you dropped.

Prosecutors hate losing cases, and they are reluctant to continue with a case they cannot prove in court. It’s at this point that you’ll need to decide whether you want to proceed with the trial or accept a deal pleading to a lesser charge. A good attorney will be able to help you understand what you’re up against and what your best course of action is moving forward.

Identity Theft Charges Require Smart Defense

If you have been accused of identity theft, it is important to take immediate action to protect yourself. You should seek legal representation, remain silent, and be cooperative but do not answer questions. You should also be mindful of what you’re up against and who you need to represent you.

John Teakell has handled many identity theft cases throughout his career as a defense attorney. He has also seen how the prosecution thinks and operates because he used to be a prosecutor. He can guide you through any questions that you may have in building a smart defense for a serious charge. Contact him today to learn more!

Money Laundering: Everything You Need to Know

teakelllawcom on September 6, 2022

Money laundering is the process of hiding or disguising the source of illegally-obtained money. Illegal money could come from a variety of sources, including drug trafficking, gambling, and fraud. The goal of money laundering is to make it appear as if the illegally-obtained money came from a legitimate source.

It is a serious white-collar crime that can come with heavy penalties, including jail time. In this blog post, we’ll cover the basics of money laundering: what it is, how it’s prosecuted, and what to expect if you’re accused of it.

Is Money Laundering a Misdemeanor or Felony?

Money laundering is typically prosecuted as a felony. However, some misdemeanor offenses can be charged as money laundering crimes. For example, in California, it’s a misdemeanor to launder $950 or less.

What Are the 3 Different Types of Money Laundering?

Money laundering is a complex financial crime that comes in more than one form. There are three different types of money laundering that we’ll discuss here: placement, layering, and integration.

Placement involves placing illegal funds into a financial institution. For example, a drug dealer might deposit cash into a bank account.

Layering is the process of moving the money around to different accounts to make it more difficult to trace. Continuing with the drug dealer example, he might use layering to transfer money from one bank account to another before finally withdrawing it in cash. This makes it more difficult to trace the origins of the illegal funds.

Integration is when the criminal incorporates the illegally-obtained funds; that is, the laundered funds are reintroduced into the economy as legitimate funds. For example, the dealer might use the laundered funds to make legitimate purchases (i.e., a car or home).

What to Expect If You Are Accused of Money Laundering?

If you are accused of money laundering, you could face severe penalties, including jail time and heavy fines. You will also likely have your assets seized by the government.

If you are under investigation for money laundering, it’s important to consult with an experienced criminal defense attorney who can help you navigate the complex legal process and protect your rights. While the defense that you build will largely rely on the circumstances of such, here are some common approaches that can help place you in a better position against any evidence.

3 Common Approaches for a Good Defense

One of the most common defenses against money laundering charges is known as the ‘color of right’ defense. This defense asserts that the defendant believed that their actions were lawful, even if they may have technically violated the law.

For example, if a defendant was accused of laundering money through a shell company, they could claim that they believed they were following all of the necessary regulations and did not know that their actions were illegal.

Another common defense is to claim that the prosecution does not have enough evidence to prove that the defendant is guilty beyond a reasonable doubt. This can be difficult to prove, but if the prosecutor’s case relies heavily on circumstantial evidence, it may be possible to convince the jury that there is reasonable doubt about the defendant’s guilt.

Finally, many defendants choose to cooperate with the prosecution in exchange for a reduced sentence. This means that they provide information about other people who may be involved in money laundering or other criminal activity. Cooperation agreements are negotiated on a case-by-case basis, so it is important to speak with an attorney before agreeing to cooperate with the prosecution.

Money Laundering Is a Serious Offense That Requires A Great Defense

Money laundering is a serious crime that can come with heavy penalties. If you’re accused of money laundering, it’s important to consult with an experienced criminal defense attorney who can help you navigate the complex legal process and protect your rights.

John Teakell has worked on numerous money laundering cases throughout his career. He has served as a prosecutor and a defense attorney and can deconstruct evidence and cases to provide his clients with the best possible defense for accusations like these. If you need a strong defense for your money laundering case, look no further. Contact his office today to set up your first consultation.