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 Criminal Defense Lawyer
Conflict of Interest and Joint Defense Representation: Representing Executives, Board Members and Employees of Corporations and Businesses under Investigation by Department of Justice, Federal Law Enforcement and Regulatory Agencies
December 1, 2011
BRADY VIOLATIONS IN WHITE COLLAR, CORRUPTION CONVICTIONS
Serious, Widespread and Intentional Concealment of Evidence by DOJ and US Attorneys
By: Houston Criminal lawyer John T. Floyd and Paralegal Billy Sinclair
Former Alaska lawmaker, Vic Kohring, has entered a guilty plea admitting he accepted bribes from an “oil man” for his help in keeping taxes low on the Alaskan oil industry. The plea comes after an appellate court tossed out Kohring’s original conviction, along with others convicted in the scandal, after finding that the Government had intentionally withheld evidence in the trials. Kohring’s case documents the years of scandal resulting from official corruption between the oil industry and Alaska’s politicians and the disturbing pattern of misconduct by prosecutors, hell bent on getting the bad guys, that followed.
Alaska State Rep. Victor Kohring was convicted in a federal court in 2007 on corruption charges that alleged he took bribes from oil industry insiders. He was sentenced to 42 months in prison and had served a year incarcerated before his case was reversed after a finding that the Government had intentionally mishandled the trials of the defendants.
One year after securing the Kohring conviction, federal prosecutors sought and secured a conviction of Alaska’s most powerful politician, Ted Stevens, who was the longest serving lawmaker in Washington at the time of his conviction in 2008. Despite his corruption conviction, Stevens barely lost his reelection bid just eight days later.
But, before his death in a plane crash in August 2010 at age 87, the former lawmaker would have vindication in the same federal court system which had convicted him. In April 2009 U.S. District Court Judge Emmet G. Sullivan reversed Stevens’ conviction at the behest of U.S. Attorney General Eric Holder, telling the U.S. Justice Department (“DOJ”) that, “in 25 years on the bench, I have never seen anything approaching the mishandling and misconduct that I have seen in this case.” Adding that the misconduct of six DOJ prosecutors was so “shocking and disturbing” that the judge felt compelled to appoint Henry F. Schuelke to investigate the egregious prosecutorial misconduct to determine if criminal charge should be brought against the prosecutors.
When a corporation or other type of business entity is being investigated by federal authorities, or local law enforcement, the company will typically hire a law firm to help protect its interests, which often is intended primarily to protect the company’s image, existence or its assets. The individuals who make up the business, such as its executives, board members, and employees may also find themselves being questioned or investigated by regulators or law enforcement. Often the individual cannot, and should not, be represented by the company’s law firm due to a potential conflict of interest.
John Floyd has successfully represented executives, board members and employees of businesses that are the subject of criminal and regulatory violations. Often, Mr. Floyd's representation involves working jointly with the company's in house counsel in an effort to protect his clients interests while simultaneously promoting the best interest of the company. Mr. Floyd has been called upon by some of this country's biggest law firms to represent executives and employees of the companies they represent when regulatory and criminal investigations focus on individual members of the company.
Board Certified 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 white collar criminal or regulatory violations. Mr. Floyd has assembled a group of skilled criminal and civil lawyers, investigators and other professionals to successfully fight the complex allegations of white collar crimes. Due to the complexity of the issues typically involved in a white collar case, an accused often faces difficult obstacles in defending against such charges. It is paramount that a lawyer defending these types of allegations be able to simplify the issues and present a compelling and persuasive defense to an often overwhelmed jury. John Floyd is dedicated to providing the kind of vigorous legal representation needed to surmount these significant obstacles.
WHITE COLLAR CRIME is a broad generic term that the public generally equates with crimes dealing with commercial fraud, consumer “cheating and swindling,” insider trading, embezzlement and other crimes committed through dishonest business or professional techniques. The term was coined in 1939 by Edwin H. Sutherland, a sociologist of the symbolic interactionist school, in a speech to the American Sociological Association. He would later in 1949 define the term as “a crime committed by a person of respectability and high social status in the course of his occupation.” The following is a general list of what is now universally considered “white collar” offenses:
- Fraud
- Bribery
- Insider trading
- Embezzlement
- Computer crime
- Medical crime
- Public corruption
- Identity theft
- Environmental crime
- Pension fund fraud
- RICO crime
- Consumer fraud
- Occupation crime
- Securities fraud
- Financial fraud
- Forgery
Traditionally these crimes were committed through dishonest manipulation of paperwork. Today they are overridingly committed through use of the computer and the internet.
Computer crimes are generally defined as criminal activity involving information technology infrastructure including: illegal access (unauthorized access), illegal interception data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system), misuse of devices, forgery (ID theft), and electronic fraud. Computer crimes involve criminal activity in which the computer or network is the source, tool, target, or place of a crime. Internet crime is criminal activity through the use of a computer, and this activity includes but it not limited to hacking, copyright infringement, child pornography and child grooming.
White collar and computer crime (or what has become known as “cybercrime”) are generally indicted and prosecuted at the federal level because of the interstate nature of these offenses. Possible penalties for these offenses include but are not limited to: federal incarceration for a period of time ranging from a few years to life imprisonment in the Bureau of Prisons (generally determined by the U.S. Sentencing Guidelines); fines for restitution, court costs, and restitution or damages suffered by the victims of these offenses; potential civil litigation from private businesses or corporate entities trying to recover their economic loss from these offenses; and even the death penalty where the computer is used to facilitate national security/treasonous activities.
In June 2010 the United States Supreme Court in Skilling v. United States vacated the “white collar crime” conviction of Jeffery Skilling because his federal indictment relied, in part, on what the Court called “an improper construction of the ‘honest services’ component of the federal ban on mail [and wire] fraud.” The Supreme Court said that the federal fraud statute, 18 U.S.C. § 1346, criminalizes just those schemes to defraud that involve bribe or kickbacks. Congress is currently trying to revamp § 1346 in the wake of Skilling as the U.S. Justice Department pushes lawmakers to include the kinds of “conflicts of interests” rejected by the Supreme Court.
The law is forever changing with respect to white collar and computer crimes. John T. Floyd, a Board Certified Criminal Defense Attorney, is prepared to defend individuals accused with these crimes. These kinds of offenses frequently require the use of “forensic experts” and experienced investigators to fight the charges. Forensic experts are able to examine a defendant’s computer hard drive, and after careful analysis, can offer possible defenses. Investigators, including skilled CPAs, are able to research the volumes of paperwork and documents associated with these cases to scrutinize the validity of the Government’s allegations.
The John T. Floyd Law Firm has a staff of attorneys, paralegals, and investigators imminently qualified to conduct both the necessary factual investigations and legal research to prepare a defense in white collar and computer crimes cases. Our staff is experienced at legal research to prepare successful pretrial motions, locating and interviewing witnesses, documents examination and analysis, and negotiation with prosecutors prior to trial. In addition to preparing a viable defense at trial, we are fully cognizance of the many factors that can impact the kind of sentence imposed if there is a conviction or a negotiated guilty plea. We are skilled at preparing and filing objections to mandatory Presentence Investigation Reports and Sentencing Memorandums addressing the requirements of the U.S. Sentencing Guidelines and the sentencing factors spelled out in 18 U.S.C. § 3553(a).
If you or a family member are being investigated or have been charged with any of the following federal white collar crimes, the John T. Floyd Law Firm stands ready to represent you at every stage of the Government’s case against you:
Title 18, Chapter 11: Bribery Offenses
- 18 U.S.C. § 201 – Bribery of public officials and witnesses (15 years)
- 18 U.S.C. § 201(c) – Anti-gratuities statute (2 years)
- 18 U.S.C. § 205 – Activities of lawyers and employees in matters against the Government (1 year or 5 years for willful violation)
- 18 U.S.C. § 207 – Restrictions on former employees, officers, and elected officials of the executive and legislative branches of Government (1 year or 5 years for willful violation)
- 18 U.S.C. § 208 – Acts affecting a personal financial interest (1 year or 5 years for willful violation)
- 18 U.S.C. § 209 – Salary of Government employees and officials payable only by United States (1 year or 5 years for willful violation)
Title 18, Cheaper 31: Embezzlement and Theft Offenses
- 18 U.S.C. § 666 – Theft or bribery concerning programs receiving Federal funds (10 years)
Title 18, Chapter 63: Mail Fraud Offenses
- 18 U.S.C. § 1341 – Mail fraud (20 years)
- 18 U.S.C. § 1343 – Wire fraud (20 Years)
- 18 U.S.C. § 1347 – Health care fraud (20 years)
- 18 U.S.C. § 1348 – Securities fraud (25 years)
- 18 U.S.C. § 1351 – Fraud in foreign labor contracting (5 years)
Title 18, Chapter 95: Racketeering Offenses
- 18 U.S.C. § 1951 – Interference with commerce by threats or violence (“Hobbs Act”)(20 years)
- 18 U.S.C. § 1952 – Interstate and foreign travel or transportation in aid of racketeering enterprises (“Travel Act”)(5 years, 20 years or life, depending on applicable subsection)
Title 41, “The Anti-Kickback Act of 1986”
- 41 U.S.C. § 53
- 41 U.S.C. § 54 (10 years)
Title 26, Chapter 75: Crimes, Other Offenses and Forfeitures (Internal Revenue Code)
- 26 U.S.C. § 7214(a)(9) – Offenses by officers and employees of the United States (5 years)
Title 2, Chapter 26: Disclosure of Lobbying Activities
- 2 U.S.C. § 1606(b) – (Penalties 5 years)
- 2 U.S.C. § 1613 – Prohibition on gifts or travel by registered lobbyists to Members of Congress and to congressional employees
White Collar cases are increasing prosecuted in state courts. If you or a family member find yourself charged with any of the following STATE white collar crimes, the John T. Floyd Law Firm stands ready to represent you at every stage of the Government’s case against you:
Texas Penal Code, Chapter 35: Insurance Fraud
- Tex. Penal Code § 35.15 – Insurance fraud (penalties range from Class C misdemeanor to first degree felony, penalty depending upon subsection involved)
Texas Penal Code, Chapter 35A: Medicaid Fraud
- Tex. Penal Code § 35A.02 – Medicaid fraud (penalties range from Class C misdemeanor to first degree felony, penalty depending upon subsection involved)
Texas Penal Code, Chapter 34: Money Laundering
- Tex. Penal Code § 34.02 – Money laundering penalties range from state jail felony to first degree felony, penalty depending upon subsection involved)
Texas Penal Code, Chapter 39: Abuse in Office
- Tex. Penal Code § 39.03 – Official oppression (Class A misdemeanor)
- Tex. Penal Code § 39.04 – Violations of the civil rights of a person in custody; improper sexual activity with a person in custody (state jail felony)
- Tex. Penal Code § 39.05 – Failure to report death of a prisoner (Class B misdemeanor)
- Tex. Penal Code § 39.06 – Misuse of official information (Class C misdemeanor)
Texas Penal Code, Chapter 36: Bribery and Corrupt Influence
- Tex. Penal Code § 36.02 – Bribery (second degree felony)
- Tex. Penal Code § 36.03 – Coercion of public servant or voter (third degree felony)
- Tex. Penal Code § 36.04 - Improper influence (Class A misdemeanor)
- Tex. Penal Code § 36.05 – Tampering with a witness (state jail felony)
- Tex. Penal Code § 36.06 – Obstruction or retaliation (second degree or third degree felony, depending upon subsection involved)
- Tex. Penal Code § 36.07 – Acceptance of honorarium (Class A misdemeanor)
- Tex. Penal Code § 36.08 – Gift to public servant by person subject to his jurisdiction (Class A misdemeanor)
- Tex. Penal Code § 36.09 – Offering gift to public servant (Class A misdemeanor)
If you or a family member find yourself charged with any of the following federal computer crimes, the John T. Floyd Law Firm stands ready to represent you at every stage of the Government’s case against you:
Title 18, Chapter 10: Computer Fraud and Abuse Act of 1984
- 18 U.S.C. § 1029 – Fraud and related activities in connection with access devices (10 years, 15 years or 20 years, depending upon subsection involved)
- 18 U.S.C. § 1030 – Fraud and related activities in connection with computers (5 years to 20 years, depending upon subsection involved)
Title 18, Chapter 119: Electronic Communications Privacy Act of 1986
- 18 U.S.C. § 2511 – Interception and disclosure of wire, oral or electronic communications (subject to suit by federal government and mandatory civil fine of $500)
Title 6, Chapter 1: Cyber Security Enhancement Act of 2002
- 6 U.S.C. § 145 – Amendment of sentencing guidelines relating to certain computer crimes under 18 U.S.C. § 1030
Title 18, Chapter 90: Electronic Espionage Act of 1996
- 18 U.S.C. § 1831 – Economic espionage (15 years)
- 18 U.S.C. § 1832 – Theft of trade secrets (10 years)
Title 17, Chapter 5: Copyright Infringement
- 17 U.S.C. § 506 – Copyright infringement (1 year to 10 years, depending upon subsection involved under 18 U.S.C. § 2319)
Title 18, Chapter 23: National Stolen Property Act
- 18 U.S.C. § 2314 – Transportation of stolen goods, moneys, fraudulent State tax stamps, or articles used in counterfeiting (10 years)
- 18 U.S.C. § 2315 – Sale of stolen goods, securities, moneys, or fraudulent State tax stamps (10 years)
Title 18, Chapter 13: Malicious Mischief
- 18 U.S.C. § 1362 – Communications, lines, or systems (10 years)
Title 18, Chapter 25: Wire and Electronics Communications Interception and Interception of Oral Communications
- 18 U.S.C. § 2511 – Interception and disclosure of wire, oral or electronic communications (civil fine)
- 18 U.S.C. § 2512 – Manufacture, distribution, possession and advertising of wire, oral or electronic communication intercepting devices (5 years)
Title 18, Chapter 27: Stored Wired and Electronic Communications and Transactional Records Access
- 18 U.S.C. § 2701 – Unlawful access to stored information (1 year, 5 years, or 10 years, depending upon subsection involved)
Title 18, Chapter 31: Pen Registers and Trap and Trace Devices
- 18 U.S.C. § 3121 – Prohibition on pen registers and trap and trace device used (1 year)
These are but a few of the federal and state white collar/computer crimes federal and state prosecutors can bring against individuals. In August 2010 the Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers asked a federal appeals court to block government prosecutors from routinely turning misdemeanor computer crimes into felonies. These advocacy groups informed the appeals court that government prosecutors were abusing federal computer crimes law by inflating what should be misdemeanor conduct into felony crimes. This is precisely why it is so critical for anyone going up against the government in computer crime cases to have skilled, competent, and aggressive legal representation. The John T. Floyd Law Firm stands ready to provide such representation.
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