Viable Criminal Defense Strategies for Felony Bribery Charged Under FCPA

Dallas, Texas Criminal Defense Attorney John Teakell discusses viable criminal defense strategies available to those charged with felony bribery under the United State’s Foreign and Corrupt Practices Act (FCPA).

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Unauthorized Access or Exceeding Authorization to a Computer

The Computer Fraud Abuse Act (CFAA) is codified as Title 18 U.S.C Section 1030(a), and it lists offenses for federally-prosecuted computer crimes, with the common charges being Unauthorized Access to a Computer and Exceeding Authorization to a Computer. The allegations of accessing a computer without authorization can contain different variations within the charges. These include: (1) with the intent to harm the United States or for the benefit of a foreign country; (2) to obtain protected financial or credit information; (3) with intent to defraud; (4) to intentionally damage a computer; and (5) accessing a computer that is exclusively for government use. Continue reading “Unauthorized Access or Exceeding Authorization to a Computer”

Immigration Crimes

The United States Code contains several federal statutes concerning criminal offenses of “aliens” or “illegal aliens.” The most common ones known to the public are illegal re-entry (after deportation), which is found at Title 8 U.S.C. §1326, and alien smuggling, or “immigrant smuggling,” as it is sometimes called, at Title 8 U.S.C. §1324.

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When it is legal to carry a handgun in Texas?

In Texas it is not legal to carry a handgun outside of your own premise. Although the law was recently updated by the Texas Legislature, when it passed a bill in 2015  allowing concealed handgun permit holders to begin carrying handguns openly outside of your their premise. The bill was signed into law on June 13, 2015, and took effect on January 1, 2016. A permit to carry concealed is still required to carry a handgun in public. For those without a concealed handgun permit, Texas law also allows a person to carry a shotgun or rifle, either open or concealed, in a non-threatening or alarming manner. Under Texas law there are several places where a person may possess a handgun legally (by legally we mean without the benefit of Texas Concealed Handgun License).

These places include –

  • The person’s residence or any other property under his control
  • The person’s private motor vehicle or watercraft if in case the handgun is concealed
  • The person engaged in lawful fishing, hunting, or other sporting activity can carry a handgun

How can you obtain a concealed handgun license in Texas?

In order to obtain a concealed handgun license, you should apply at the city or town clerk’s office. You must be
21 years

  • A legal resident of Texas
  • Capable of exercising sound judgment
  • Qualified to carry a handgun under federal law.
  • Also; you should not
  • Have been convicted of a felony offense
  • Have committed offenses in the past ten years even as a juvenile delinquent
  • Be under a court protective order
  • Be a chemically dependent person

Concealed Handgun Laws in the State of Texas –
Texas firearm law allows carrying concealed handguns with a Texas Concealed Handgun License (CHL). According to the gun law, the gun holder however should be able to produce his concealed weapons license along with a valid identification document if and when demanded by the police officer.
Furthermore, even with a CHL, Texas law in certain cases prohibits carrying these weapons under the following circumstances

  • An intoxicated person may not carry a concealed handgun
  • Carrying firearm at an amusement park if in case there’s a proper TPC §30.06 warning given.
  • In a place of religious worship if in case there’s a proper TPC §30.06 warning given.
  • In a hospital or nursing home if in case there’s a proper TPC §30.06 warning given.
  • At any correctional facility
  • Within 1000 feet of a correctional facility
  • In any court or offices
  • At the polling place on Election Day.
  • At any meeting of any governmental body if in case there’s a proper TPC §30.06 warning given.
  • At any high school, collegiate, professional sporting event
  • Inside the secured area of any airport (the person may legally carry firearm into the terminal that is checked as baggage to be lawfully transported)Getting Legal Help
    Charges for weapon offenses can have serious effects on your life, career and future. In Dallas if you have been charged with firearm or weapon offense chances are you may not even realize you were violating the law.
    You may be charged with a criminal offense if you unlawfully carry gun or improperly discharge the firearm. Depending on the type of weapon, and place where it is carried, the punishment range can vary.

Building a strong defense is therefore the key factor in protecting your rights.

Internet Crimes

 

Internet Crimes

The Internet can no longer be considered to be a novelty. It is the crossroads of our fast-paced society for an increasingly large percentage of the population. Crimes can occur online just as they can on our city streets and in boardrooms of corporations. Many federal crimes that are considered to be “Internet crimes” are in fact cyber-versions of pre-existing crimes including the following:

  • Child pornography production, viewing and distribution
  • Child pornography trafficking
  • Solicitation of minors as a sexual predator of underage children
  • Online gambling where gambling is illegal
  • Computer fraud
  • Computer hacking
  • Identity theft
  • Wire fraud, mail fraud
  • Illegal vending of narcotics

Successfully defending people charged with Internet crimes such as these often depends on the input of experts such as computer forensic specialists. The Law Office of John R. Teakell has successfully coordinated and completed defenses of people who had been charged with Internet crimes.

John R. Teakell is a former federal prosecutor and experienced defense lawyer who puts his knowledge, skills and dedication to work for clients whose lives are in danger of being devastated by a criminal conviction.

The prosecution must prove that the defendant did, in fact, commit the crime as charged. When multiple people have access to a computer, positive ID of the perpetrator may be difficult to verify. John R. Teakell has a wealth of experience defending people accused of internet crimes. He has helped many people facing white collar crimes. He will work to find weaknesses in the government’s case and compel them to prove every element of the charge.

Contact Attorney Teakell to learn how he puts his experience and knowledge to work for people facing charges related to internet crimes.

Tax Evasion Defense

Tax Evasion Defense

An overwhelming tax debt could be hard to resolve, especially when you have accrued this debt over the years. Failing to do so could lead to serious legal consequences, at the state and federal levels. Sometimes tax evasion charges occur due to a mistake, such as a clerical error, or a simple misunderstanding. Regardless of why you have been charged with tax evasion, you will need an experienced attorney who can help you build a strong tax evasion defense, as quickly as possible. The law office of John R. Teakell is the legal firm for you. When you hire our office, you will have access to an experienced team of legal professionals who are highly qualified to take on various aspects of the law, including tax evasion.

What is Tax Evasion?

If you fail to pay your taxes, this can be considered tax evasion if you did so knowingly. It is illegal to avoid paying your taxes. If you file your taxes, but file a fraudulent tax return, this is also considered tax evasion, which is a felony, and if you are convicted of this crime, you could face time in prison, in addition to fines. A corporation convicted of tax evasion could pay up to $500,000 in fines, while an individual convicted of the same crime could pay up to $100,000 – the penalties will depend on the tax amount, and if you are being charged on the state or federal level.

There is a difference between tax avoidance and tax evasion. The former occurs when you use legal methods to reduce or avoid tax payments; those legal methods include finding tax shelters or loopholes. Tax evasion is when you use illegal methods to avoid paying your taxes – or seeking reduced payment amounts.

Making a mistake is not punishable by the law if you can prove that you did in fact make an error. If this is the case, you will be required to pay the amount that you should have paid, in addition to another small fee – the fee and its amount will vary. You will not be convicted of tax evasion and sentenced to prison if you can prove that an error or mistake was made, and you could also avoid the penalties associated with a criminal trial.

Legal Consequences

If you are charged with tax evasion, you could face serious legal penalties, on both the criminal and civil level. Regardless if you are charged with state or federal tax evasion, the court must prove that criminal intent was shown. With so many tax rules, a simple mistake could happen, which is where an attorney could defend you by proving that the intent to commit fraud was never your plan.

Federal Tax Evasion

If the Internal Revenue Service (IRS) can show that you have deliberately attempted to underpay your taxes, you will be charged with a federal crime: tax evasion. Failing to file your tax return prevents the IRS from auditing you, or your company’s, finances. The most common example of tax evasion is underreporting income. Most individuals or businesses that are charged – and convicted of – federal tax evasion deal largely in cash, such as retail store owners, waiting staff, or beauticians (and those in the cosmetology field); however, some corporations charged with federal tax evasion report fraudulent records of their finances. Businesses have been known to inflate their expenses, while individuals overstate the size of their families in order to qualify for larger deductions.

If the IRS suspects a business or individual of committing these crimes, it will begin an investigation, which could lead to prosecution.

State Tax Evasion

Texas does not require you to pay local taxes; therefore, the main source of state revenue comes from sales tax, which is why tax evasion is a serious charge, especially for businesses in Texas who fail to pay taxes – or those who commit fraud. You must keep accurate records of your sales. Using electronic devices to falsify your records is also illegal.

Hiring an attorney with experience in state revenue gives you an added bonus. The attorney could help you find the loopholes in state law. If you are convicted of state tax evasion, you not only face jail time and a fine, but as a corporation, your sales tax permit could be suspended. In some instances, your sales tax permit could be revoked, and the state comptroller will deny any future permits.

Get the Legal Help You Need

Waiting is never a good option, especially with tax evasion charges. You want to build a strong case immediately, so you can handle the situation and avoid any jail time or costly penalties and fines. The sooner you give the law office of John R. Teakell a call, the sooner we can begin building a strong tax evasion defense for you.

Contact us today and get the legal representation you deserve!

Bank Fraud

Legal Guide

Bank Fraud

A rule of thumb in bank fraud cases and any other type of white collar criminal case is that it is critically important to contact an attorney during the earliest stages. Selecting a knowledgeable, zealous white collar criminal defense lawyer may be the best investment you ever made for your career and your future in general.

A bank or mortgage lender may allege that you submitted false documentation in connection with a loan application. The Law Office of John R. Teakell is an ideal resource for individuals facing allegations of bank fraud as well as for companies dealing with millions of dollars that could be at risk if an allegation becomes a conviction.

Former Federal Prosecutor Represents the Accused in Bank Fraud Cases

People alleged to have committed wrongdoing in the area of bank fraud may include the following:

  • Loan applicants
  • Investors
  • Brokers and dealers
  • If word has come to you that you are under investigation or are named in subpoenas related to bank fraud allegations, the time to hire an attorney to protect your rights is now. Call or e-mail the Law Office of John R. Teakell to schedule a consultation. We will discuss ways to maximize your chances of a favorable outcome:
  • Resolving allegations through civil rather than criminal remedies
  • Obtaining a dismissal of the charges
  • Negotiating a reduction of charges
  • Limiting damage to your life and career as a result of bank fraud allegations.

18 U.S.C. §1344 Bank Fraud: Whoever knowingly executes, or attempts to execute, a scheme or artifice— (1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

See also Mr. Teakell’s other Web site to learn more about the firm’s full spectrum of criminal defense practice areas. Contact the law offices to schedule a consultation.

Bank Theft, Embezzlement

Legal Brief

Bank Theft, Embezzlement

BANK THEFT AND EMBEZZLEMENT

By John Teakell

Attorney-at-Law

Dallas, Texas

Thefts and embezzlements from banks are often prosecuted by the U.S. Attorney’s Office in federal court, although the dollar amounts sometimes are lower than a federal criminal case might involve. This is especially true if the allegation concerns a bank teller or lower lever employee, who may not be able to access larger amounts of money during the ordinary course of employment. The opposite would be a bank officer who engaged in transactions or withdrawals from lines of credit without authorization when the loss amount may be a high-five figure amount (e.g., $90,000) or a six-figure amount (e.g. $500,000).

The federal stature governing this conduct, Title 18 U.S. Code §656 reads:

Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) [1]of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

Bribery Federal Contract Fraud

Legal Guide

Bribery / Federal Contract Fraud

Abuse of federal contract has become the focal point in national media. In fact the growing concerns about bribery, federal contract fraud and abuse have led to arrays of investigations of various government contracts in Dallas and all across United States. The criminal defense lawyer John. R. Teakell is committed to provide effective representation to the businesses and people facing investigations in Dallas for their work under government contracts.

Before delving further about how the best criminal defense attorney in Dallas can help let us first understand about the reasons for a federal investigation

Reasons for a Federal Investigation

Every case of bribery and federal contract fraud is different. However below are few of the major instances for which people may find themselves dragged in a government investigation in Dallas.

Fraud: Fraud allegations typically arise when there are question marks involved regarding the contractor’s qualification. The law for

criminal defense has been framed in such a way that any question about education, experience or professional licenses of the contractor may lead to Federal contract investigations and is typically tagged as fraud allegations.

Bribery: Bribery allegations may arise in Dallas when an individual is accused of providing unlawful incentives (in cash, gifts and vacation) to the government official for the greater purpose of getting selected for a contract.

Abuse: The Federal contractors may also find themselves under scanner of the investigators in Dallas when suspected of abusing their administrational power within the community for winning a contract.

Consequences Of Suspected For Bribery And Federal Contract Fraud

Consequences Of Suspected For Bribery and Federal Contract Fraud

Sad but true; if government suspects there is an issue of fraud, bribery and abuse with contractor or even with the contract an investigation will be initiated.

For the uninitiated; federal investigation may lead to an array of consequences. These consequences may include

  • Cancellation of the contract by the Federal Government
  • Calling the contractor for refunding the government payments
  • Imposition of fines
  • Administrative actions (it can prohibit the contractor from working with the state and Federal government in the future)
  • Criminal prosecution (it may include fees and time in jail)

How John. R. Teakell the criminal defense attorney in Dallas can help

John. R. Teakell – one of the most sought after criminal defense attorney values the fact that allegations of misconduct can have a serious effect on your business. It may also affect your life as well as the lives of your employees. This is when you need legal support

and representation from the best attorney. Teakell is committed to provide tailored and personalized representation to his clients facing Bribery / Federal Contract Fraud investigation as the Federal contractor in Dallas. Teakell began his career as an Assistant District Attorney and worked as a Senior Trial Counsel for the U.S. Securities and Exchange Commission, where he prosecuted civil enforcement actions of fraudulent schemes.

In addition to fraud cases, Teakell prosecuted all types of federal crimes in the Northern District of Texas. He also prosecuted extraordinarily large drug trafficking and money laundering cases as an Assistant U.S. Attorney in the District of Puerto Rico, as well as federal death penalty cases.

The goal is simple – to work with you in order to stop the investigation in the track thus prevent the filing of any criminal charges whenever possible. If in case that is not possible the criminal defense lawyer will use his skill, legal knowledge and understanding of the specific law for defending your rights and for protecting your livelihood.

There is no hiding from the fact that Federal investigation can have serious consequences however the expert in criminal defense law will work with you to minimize the impact of federal investigation in Dallas

Stop suffering in silence. Meet John. R. Teakell for a consultation

Prescription Fraud

Legal Brief

Prescription Fraud

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.