John T. Floyd Law Firm
Board Certified Houston Criminal Lawyer
“Serious Criminal Defense Throughout Texas”
Board Certified Criminal Law Specialist
Experienced Criminal Trial Lawyer
Federal And State Criminal Defense
Phone # (713) 224-0101
Toll Free 1-866-374-1327
E-mail jfloyd@JohnTFloyd.com
Top Lawyers: Criminal Defense - 2008, 2009, 2010 HTexas
WHITE COLLAR CRIME ISSUES
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June 23, 2011
JOINT REPRESENTATION: THE PITFALLS OF UNCHECKED CONFLICTS OF INTERESTS
Identifying Conflicts when Representing Businesses and their Employees
By: White Collar Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Issues surrounding joint representation by attorneys in criminal cases are fairly straightforward. The U.S. Supreme Court three decades ago, in Cuyler v. Sullivan, held that a defendant in a criminal case may demonstrate a denial of effective representation of counsel, guaranteed under the Sixth Amendment, by satisfying a dual criteria: 1) defense counsel was actively representing conflicting interests, and 2) the conflict(s) had an adverse impact on counsel’s performance while representing the defendant. More...
February 19, 2011
THE COMPUTER IS A CRIME MACHINE
Computer Crimes and Prosecutions on the Rise: Cyber Espionage, Theft of Corporate Trade Secrets and Identity Fraud Continue to Increase
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Every human invention designed to benefit mankind has always been corrupted for illegal and immoral purposes. It’s a flaw inherent in the human soul. So it is with the computer—one of man’s most significant inventions and which someday may well be the cause of man’s downfall, at least according to some prophets of doom. While the computer is essentially a wonderful device that services billions of legitimate purposes, it is also an attractive vehicle for criminal pursuits. More...
August 28, 2010
ROGER CLEMENS TAKES THE MOUND AGAINST U.S. GOVERNMENT
False Statements, Perjury and Prosecutorial Over-Charging
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Between 1984 and 2006, Roger Clemens, a seven-time Cy Young Award winner, was arguably the best—certainly one of the top five—pitchers ever to take the mound in Major League Baseball (“MLB”). Nicknamed the “Rocket,” Clemens’ 354 wins (ninth on the all-time win list) and his 4,672 strikeouts (third only to career strikeout leader Nolan Ryan and runner up Randy Johnson) make a compelling argument that he is one of the greatest MLB pitchers of all time. More...
August 24, 2010
18 USC 1346, Honest Services Prosecutions Require Bribes or Kickbacks
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
The Enron Corporation was founded in 1985. Its headquarters were located in downtown Houston. It became the seventh highest revenue grossing company in America. Between 1995 and 2000 alone, its annual revenues rose from $9 billion to $100 billion. Jeffery Skilling, a longtime Enron officer, was an integral component in company’s phenomenal rise to economic success and corporate power. Between February and August 2001, he served as CEO of the company before he abruptly resigned. Less than four months later Enron declared bankruptcy and its stock value plummeted. The nation’s economic and political institutions were stunned by the far-reaching economic and political implications of the company’s collapse. More...
August 15, 2010
APPELLATE COURTS DON’T ALWAYS GET IT RIGHT EITHER
U.S. Fifth Circuit Court of Appeals Corrects itself by Holding Overt Act Not Element of Conspiracy to Launder Money, 18 U.S.C. § 1956(h)
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
Money laundering is a process through which either the source or use of proceeds from illegal financial transactions are concealed. The primary purpose of a money laundering operation is to hide either the origin or destination of money derived from ill-gotten gain. Most money laundering operations are tied to illicit drug trafficking. The Office of National Drug Control Policy estimates that Americans spend $65 billion each year on illicit drugs. Since federal law enforcement agencies seize only $1 billion in drug money each year, according to the U.S. Drug Enforcement Administration, there is a lot of illegal money being laundered at both national and international levels. In 1986 Congress passed the Money Laundering Control Act, which is codified in the United States Code, Title 18, Section 1956, and is the statute most often used by the U.S. Justice Department to prosecute money launderers. In 2007 former Assistant U.S. Attorney Charles Intriago told USA Today that it is easy “to move money in and out [of the country], using U.S. companies, without a trace. This is a glaring problem.” More...
July 13, 2010
WHEN “NOT GUILTY” DOES NOT MEAN INNOCENCE
Monetary Damages Under § 2513, for Unjust Conviction and Imprisonment, Requires Showing of ‘Truly Innocent,’ Even After Acquittal
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
Robert E. Graham, a West Virginia native, was indicted by a Federal grand jury for 39 criminal offenses. It is not uncommon for the United States Government, armed with an arsenal of prosecutorial resources through the U.S. Justice Department, to overcharge criminal defendants. It is a tactic designed to force criminal defendants into unwanted guilty pleas or to overwhelm juries with so much documentary evidence that jurors will almost automatically vote “guilty” on the flimsy premise that the defendant must have done something wrong to face so many charges involving so much “evidence,” even if there is no factual basis for the evidence. More...
July 2, 2009
IS ROBERT ALLEN STANFORD A REAL FLIGHT RISK?
The Bail Reform Act of 1984 and the Presumption for Release on Bond
By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair
On June 18, 2009, a federal grand jury returned a 21-count indictment against Houston businessman and chairman of the Board of Directors of Stanford International Bank, Robert Allen Stanford (also known as “Sir Allen Stanford”). The indictment charged that Stanford conspired with others associated with his business enterprise, the Stanford Financial Group, to commit wire fraud, mail fraud, and obstruction of a Securities Exchange Commission investigation. The indictment essentially charged that Stanford and his co-conspirators were responsible for the loss or theft of nearly $1.1 billion investors had deposited through Certificates of Deposit into the Stanford International Bank. More...
August 6, 2007
MEDICARE/MEDICAID FRAUD:
By: Criminal Houston Criminal Defense Attorney John T. Floyd and Senior Paralegal Billy Sinclair
Fraud has been woven into the fabric of the federal health care programs, Medicare and Medicaid, since their inception. Congress in 1977 conducted a series of hearings to examine the infestation of theft and patient abuse prevalent in the Medicaid program. See, Medicare and Medicaid Fraud and Abuse § 6.11 (2007)[Alice G. Gosfield] {hereinafter MedFraud}. More...
July 27, 2007
INDICTMENTS FOR MORTGAGE FRAUD ON THE RISE
By: Criminal Houston Criminal Defense Attorney John T. Floyd and Senior Paralegal Billy Sinclair
Investigations and Indictments for mortgage fraud are on the rise in the current climate of the sub-prime mortgage scandal. From high profile investigations involving the powerful to small time straw buyers, the government is showing a zero tolerance policy when it comes to investigating and prosecution of allegations of mortgage fraud. More...
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