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John T. Floyd Law Firm
Houston Criminal Lawyer


"Serious Criminal Defense Throughout Texas"

Experienced Criminal Defense Lawyer
Trials, Sentencings and Appeals
Federal And State Criminal Defense

Phone #  (713) 224-0101
Toll Free 1-866-374-1327
E-mail jfloyd@JohnTFloyd.com

 Top Lawyers for the People - 2008 HTexas

 

White Collar Criminal Defense Lawyer

Houston Criminal Defense Attorney, John T. Floyd, has both the expertise and resources to provide vigorous representation through every stage of the criminal process for individuals, businesses and/or organizations accused of committing corporate crime violations. It is evident that an accused facing allegations of corporate crime faces formidable obstacles in defending against such charges. The John T. Floyd Law Firm is dedicated to providing the kind of vigorous legal representation needed to surmount those significant obstacles.

White Collar Crime Major Target of Federal Prosecutions

 “Corporate crime,” or what most Americans call “white collar crime,” is generally characterized as some sort of “fraud.” It ranks third on the list of investigation priorities established by Federal Bureau of Investigation in its “Strategic Plan 2004-2009.” At the end of the fiscal year 2006 [October 1, 2005 – September 30, 2006], the FBI reported that its field offices were investigating 409 corporate fraud cases – 19 of which involved losses to public investors exceeding $1 billion. The FBI defines “corporate fraud” as involving the following criminal activities:

In addition to fraud, corporate crime includes all forms of theft and embezzlement committed within or against the national and international financial community. The FBI characterizes corporate crimes by “deceit, concealment, or violation of trust, and are not dependent upon the application or threat of physical force or violence.”
Individuals or organizations accused of these crimes, reports the FBI, are generally motivated by a personal or business advantage. In addition to corporate fraud, the FBI focuses its investigative resources against what it calls “public corruption” crimes which include:

The FBI has created a Financial Crimes Section (FCS) which is divided into the following four units:

The ECU targets individuals, businesses and industries in the following areas:

The HCFU targets individuals and businesses defrauding public and private health care systems in the following areas:

The primary goal of the FIFU, according to the FBI, is to identify, target, disrupt, and dismantle “criminal organizations and individuals engaged in fraud schemes” against the nation’s financial institutions in the following areas:

The primary goal of AF/MLU is, according to the FBI, “to promote the strategic use of asset forfeiture” by making sure that its “field offices” utilize money laundering violations in all appropriate investigations “to disrupt and/or dismantle criminal enterprises.” The unit’s resources are directed in the following areas:

Of the 490 corporate fraud cases investigated by the FBI during 2006, 171 resulted in indictments and 124 of those led to convictions. The agency lists the following accomplishments:

During 2006, the FBI investigated 1165 cases involving Securities and Commodities fraud resulting in 302 indictments that led to 164 convictions. Agency accomplishments:

During 2006, the FBI investigated 2,423 cases involving health care fraud resulting in 588 indictments that led to 534 convictions. Agency accomplishments:

During 2006, the FBI investigated 818 cases involving mortgage fraud resulting in 263 indictments that led to 204 convictions. Agency accomplishments:

During 2006, the FBI investigated 1255 cases involving identify theft resulting in 457 indictments that led to 405 convictions. Agency accomplishments:

During year 2006, the FBI investigated 233 cases involving insurance fraud resulting in 53 indictments that led to 54 convictions. Agency accomplishments:

During 2006, the FBI investigated 147 cases of mass marketing fraud resulting in 13 indictments and 44 convictions. Agency accomplishments:

During 2006, the FBI investigated 473 cases involving money laundering fraud resulting in 161 indictments that led to 95 convictions. Agency accomplishments:

Clearly, corporate crime is a major concern of the FBI, as well as state law enforcement agencies. The thousands of indictments and convictions involving billions of dollars in losses have drawn the concern of the courts in these kinds of cases. For example, the district court in United States v. Caputo, 456 F.Supp.2d 970 (N.D. Ill. 2006) made the following observation about the sentence it imposed on a “corporate criminal”:

“In view of all the factors outlined herein, it is this Court's hope that the readers of this opinion will come to the realization that the ten and six year sentences imposed here are in large measure part of our country's efforts to create an atmosphere of general corporate crime deterrence. Serious corporate crime sentences are needed to reflect the actions of Congress and the Sentencing Commission and to avoid unwarranted sentencing disparities. More importantly, the sentences provide specific deterrence for Caputo and Riley after assessing each of their roles in the offenses proven at trial.” Id., at 985.

 

Houston Criminal Lawyer, John T. Floyd Law Firm, Criminal Defense Attorney Houston, Texas

 

 

 

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