Are you under investigation or charged with fraud in Dallas?
Many fraud clients contact us before an arrest after learning they are under scrutiny through:
- Subpoenas for financial or business records
- Audits by regulatory or government agencies
- Requests for interviews by investigators
- Search warrants executed at homes or offices
- A target letter from the U.S. Attorney’s Office
Others come to us after charges are filed, often shocked by how aggressively fraud cases are prosecuted and how quickly the consequences escalate.
Understanding where you stand in a federal investigation matters. The government distinguishes between three categories: a target (someone the grand jury has substantial evidence against), a subject (someone whose conduct is within the scope of the investigation), and a witness (someone with relevant information). Your status can shift without notice, and what you say or do during this period can determine the outcome of your case.
Fraud prosecutions frequently involve:
- Multi-agency investigations (FBI, IRS-CI, HHS-OIG, SEC, local and state agencies)
- Grand jury subpoenas and compelled document production
- Forensic accounting and financial analysis
- Digital evidence, emails, and communications
- Allegations of intent inferred from records, not actions
Early legal intervention can dramatically change the outcome. Waiting allows the government to control the narrative.
White-Collar Fraud Crimes in Dallas
Fraud is a category of white-collar crime, a term that covers nonviolent offenses committed for financial gain through deception, concealment, or misrepresentation. White-collar crimes are prosecuted at both the state and federal levels and are taken seriously by both the Dallas County District Attorney’s Office and federal prosecutors in the Northern District of Texas.
Because white-collar crimes involve complex financial records and extended investigations, the government often has a significant head start before a defendant is even aware they are under scrutiny. By the time charges are filed, investigators may have spent a year or more building their case.
Our defense attorneys concentrate on felony-level and high-exposure white-collar crime cases. We represent clients facing investigation and prosecution for the full range of fraud offenses described below.
Serious Fraud Cases We Defend in Texas
Wire Fraud
Wire fraud is one of the most commonly charged federal crimes. Under 18 U.S.C. § 1343, the government must prove that a defendant devised or intended to devise a scheme to defraud, used wire communications (phone, email, internet, banking transactions) in furtherance of that scheme, and did so with intent to defraud.
Federal wire fraud carries penalties of up to 20 years in federal prison per count, with enhanced penalties of up to 30 years if the offense involves a financial institution or a federally declared disaster or emergency. Fines and restitution orders can reach into the millions.
Wire fraud is also a tool prosecutors use to federalize cases that might otherwise be state charges. A single email or phone call crossing state lines can convert a local business dispute into a federal felony prosecution.
Our defense strategies for wire fraud include challenging the existence of a scheme to defraud, disputing alleged intent, and attacking the sufficiency of the wire communication evidence.
Fraud law in Texas covers a wide range of offenses, but Whalen Law Office concentrates on felony-level and high-exposure cases, including:
Healthcare Fraud
Healthcare fraud is among the most aggressively prosecuted categories of federal fraud in Texas. Cases typically involve allegations of Medicare or Medicaid billing fraud, upcoding, billing for services not rendered, kickback arrangements, or violations of the False Claims Act.
Federal investigations are typically conducted by the Department of Health and Human Services Office of Inspector General (HHS-OIG), the FBI, or the Department of Justice Civil Division. Investigations often begin with a whistleblower complaint or a data anomaly flagged by CMS.
Penalties for federal healthcare fraud include up to 10 years in federal prison per count, exclusion from Medicare and Medicaid programs, and civil liability under the False Claims Act of up to three times the alleged loss plus civil penalties per false claim.
We represent physicians, medical practice owners, billing companies, pharmacies, and hospital systems under federal and state healthcare fraud investigations.
Securities Fraud and SEC Defense
Securities fraud cases typically arise from alleged misrepresentations to investors, insider trading, market manipulation, or Ponzi-style investment schemes. These cases often begin with investigations by the Securities and Exchange Commission or FINRA, but can escalate to criminal charges brought by the U.S. Department of Justice.
The SEC has authority to bring civil enforcement actions, which can result in disgorgement, civil penalties, and officer/director bars. More serious cases are referred to the DOJ for criminal prosecution, where convictions can carry up to 20 years in federal prison.
FINRA arbitration is a parallel process that affects brokers and investment professionals. A FINRA investigation or arbitration proceeding can result in license suspension or revocation, fines, and reputational consequences that follow a professional for life. Our securities litigation attorneys represent clients in SEC investigations, DOJ fraud prosecutions, and FINRA arbitration proceedings.
Bank Fraud and Mortgage Fraud
Bank fraud under 18 U.S.C. § 1344 includes any scheme to defraud a financial institution or to obtain money or property from a financial institution by means of false or fraudulent representations. Penalties include up to 30 years in federal prison and fines up to $1 million per count.
Mortgage fraud cases commonly involve allegations of falsified loan applications, inflated appraisals, straw buyer arrangements, or fraudulent property flips. These cases are often prosecuted alongside wire fraud counts, significantly multiplying the potential sentencing exposure.
We challenge the government’s characterization of legitimate business transactions as fraudulent, dispute alleged intent, and work with forensic financial experts to rebut loss calculations.
Mail Fraud
Mail fraud under 18 U.S.C. § 1341 is structurally similar to wire fraud, with the distinction that it involves the use of the U.S. mail. It is one of the oldest and most broadly applied federal fraud statutes. Penalties mirror those for wire fraud: up to 20 years per count, or up to 30 years if a financial institution is involved.
Tax Fraud and IRS Criminal Defense
The IRS Criminal Investigation Division (IRS-CI) is one of the most sophisticated investigative agencies in the federal government. IRS-CI investigates tax evasion, willful failure to file, false tax returns, and employment tax fraud.
Tax evasion under 26 U.S.C. § 7201 carries up to 5 years in federal prison per count. Filing a false tax return under 26 U.S.C. § 7206 carries up to 3 years per count. Restitution to the IRS is also routinely ordered as part of any sentence.
Many tax fraud cases begin as civil audits that escalate to criminal referrals. If you have been notified of a civil audit or are aware of unreported income or unfiled returns, contacting a fraud defense lawyer before speaking with IRS agents can significantly affect the outcome. Voluntary disclosure may be an option in certain circumstances.
Credit Card Fraud
Credit card fraud under Texas Penal Code § 32.31 and federal statutes covers unauthorized use of credit or debit card information, fraudulent account creation, and card skimming or cloning operations. Federal charges commonly arise when transactions cross state lines or involve aggregated losses across multiple victims.
Penalties depend on the total loss amount. Federal credit card fraud convictions can carry up to 15 years in federal prison, per count under 18 U.S.C. § 1029. Defenses often turn on authorization, identity, and intent.
Identity Theft Defense
Identity theft under Texas Penal Code § 32.51 involves obtaining, possessing, or using another person’s identifying information without consent. At the federal level, the Identity Theft Enforcement and Restitution Act imposes mandatory consecutive sentences for identity theft used in connection with other federal crimes.
Federal aggravated identity theft under 18 U.S.C. § 1028A adds a mandatory minimum of 2 years to any underlying sentence, served consecutively. We challenge the identity of the perpetrator, the availability and reliability of digital evidence, and the government’s chain of custody for electronic records.
Cryptocurrency and Blockchain Fraud
Cryptocurrency fraud is a rapidly developing area of federal enforcement. The SEC, DOJ, and CFTC have all brought major enforcement actions involving alleged fraud in cryptocurrency offerings, NFT schemes, exchange manipulation, and digital asset investment fraud.
The technical complexity of blockchain evidence, cryptocurrency tracing, and wallet attribution creates significant opportunities for defense challenges. We represent clients under investigation or facing charges related to crypto fraud, token offerings, digital asset investment schemes, and related money laundering allegations.
State vs. Federal Fraud Charges in Dallas
The prosecution venue for your fraud case, whether in Texas state court or federal court, holds significant importance. Federal fraud charges result in longer sentences, prosecution by more resource-rich agencies, and convictions with no parole in the federal prison system.
The Texas Penal Code classifies state fraud charges based on the amount of financial loss involved. Losses under $100 can be a Class C Misdemeanor; losses over $300,000 are a first-degree felony carrying 5 to 99 years in prison.
Federal fraud charges, by contrast, are driven by sentencing guidelines that stack enhancements for the number of victims, the amount of loss, whether the offense involved vulnerable victims, and whether the defendant played an aggravating role. A federal fraud conviction with a loss of $1.5 million and 25 victims can produce an advisory guideline range of 5 to 7 years before the defense even begins arguing for a downward departure.
Cases escalate from state to federal court when they involve financial institutions, interstate wire communications, federal benefits programs, or organized schemes affecting multiple jurisdictions. The Northern District of Texas, which covers Dallas, has an active fraud prosecution unit that works closely with the FBI Dallas Field Office and other agencies.
Penalties for Fraud Convictions in Texas
Fraud convictions carry severe and lasting consequences, which may include:
- State jail or federal prison sentences
- Fines and restitution orders that can reach into the millions
- Asset seizure and civil forfeiture proceedings
- Loss of professional licenses and certifications (law, medicine, finance, real estate)
- Permanent criminal records affecting employment, housing, and background checks
- Debarment from federal contracting or government programs
- Immigration consequences for non-citizens
Asset forfeiture in fraud cases is a major consequence that is often underestimated. The government can seek civil forfeiture of proceeds and property traceable to fraud before a conviction, placing the burden on the defendant to contest the forfeiture. Early legal intervention to contest or limit forfeiture can protect assets while the underlying case is pending.
How Fraud Cases Are Built, and How They Are Defended
Fraud prosecutions are rarely built on a single act. They rely on patterns, inference, and intent drawn from records and communications accumulated over extended investigations.
The government’s case is usually built before the defendant is aware charges are coming. By the time an arrest is made or an indictment is returned, investigators have typically reviewed thousands of documents, interviewed witnesses, and built a timeline intended to show a knowing scheme.
An effective defense strategy focuses on:
- Challenging intent: fraud requires knowing, intentional deception. Mistakes, judgment errors, and accounting discrepancies are not crimes.
- The government’s loss calculations often overstate financial assumptions. We work with forensic accountants to challenge the numbers.
- Suppressing unlawfully obtained evidence: search warrants in fraud cases are often broad and subject to Fourth Amendment challenges.
- Exposing gaps in the prosecution’s narrative: the government’s story is built from selected documents. Context and missing evidence often undermine it.
- Limiting scope and challenging the number of counts: each count carries a separate sentence exposure. Reducing counts through pre-trial motions or negotiation matters.
- Negotiating strategically: cooperation, plea agreements, and deferred prosecution agreements may be appropriate in certain cases and can dramatically reduce exposure.
We work with forensic accountants, financial experts, and investigators to dismantle complex accusations and expose overreach.
Why Choose Whalen Law Office for Fraud Defense
Fraud cases demand experience, discretion, and trial-ready preparation.
Board-Certified Criminal Defense Attorneys – Our defense attorneys are Board Certified® in Criminal Law by the Texas Board of Legal Specialization. This credential requires demonstrated trial experience, peer review, and a rigorous examination process. Fewer than 1% of Texas lawyers hold this certification.
Focused on Serious Criminal Defense – We are not a volume practice. Whalen Law Office is a defense law firm that concentrates on cases where the consequences are real, the exposure is high, and the defense must be strategic from day one. Our fraud attorneys have a track record of results in both state and federal court, across the full range of white-collar crime cases.
Experience With State and Federal Prosecution – Our team understands how fraud cases move from investigation to indictment in Dallas federal courts and Texas state courts. When possible, we intervene early, before filing charges, to shape the investigation and limit exposure.
Defense-Only Perspective – Our practice is built entirely around defending the accused. We do not assist government investigations or regulatory bodies.
Prepared for Trial – Many fraud cases resolve only when the prosecution knows the defense is ready to litigate. We prepare every case for trial, which also produces the strongest negotiating position.
What to Do If You Are Being Investigated for Fraud in Dallas
If you believe you are under investigation for a fraud offense, or if you have received a subpoena, target letter, or contact from federal agents, take the following steps immediately:
- Do not speak to investigators without an attorney present. Anything you say, even in an informal conversation, can be used against you or used to build the case against others.
- Do not destroy or alter documents. Even if you believe the records are damaging, destruction of evidence during an investigation is a separate federal crime.
- Contact a fraud defense lawyer before your next contact with law enforcement. The earlier an attorney is involved, the more options are available.
- Assume all communications are being monitored. Do not discuss the investigation by phone, email, or text with anyone other than your attorney.
Call (214) 368-2560 for a free consultation. We represent clients across Dallas, Frisco, Plano, McKinney, Denton, Fort Worth, and throughout the Northern District of Texas.
Speak With a Dallas Fraud Defense Lawyer Today
If you are facing a fraud investigation or criminal charge, silence and delay can cost you leverage. Statements can be misinterpreted. Records can be used out of context. Others involved may already be cooperating with the government.
Our fraud attorneys and criminal defense lawyers represent clients at every stage of state and federal fraud proceedings, from the first subpoena through trial and appeal. Contact our defense law firm today to discuss your case and your defense strategy.
Call (214) 949-4561 now for a for a free, confidential consultation.
Whalen Law Office – Frisco Office
9300 John Hickman Pkwy #501
Frisco, Texas 75035
