Houston Criminal Attorney: Federal Crimes

 In the United States criminal law and prosecution exist at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and not under a state's criminal law. This includes many acts that would not otherwise even be crimes under state or local law.
Some federal crimes are listed in Title 18 of the United States Code, but others fall under other titles; for instance, tax evasion and possession of weapons banned by the National Firearms Act are criminalized in Title 26 of the United States Code.

There are 93 United States Attorneys (also known as federal prosecutors) in the United States, with one assigned to each judicial district. Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction, and is appointed by the President of the United States for a term of four years with appointments subject to confirmation by the Senate. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate.

The federal criminal system resembles the state system in many ways, but there are some very significant differences. The typical United States Attorney's office, which bears the responsibility of responsible for prosecuting federal criminal charges, has significantly more time and resources than a state prosecutor.
Federal prosecutors may also have a great deal of latitude in selecting the cases they wish to prosecute through the federal courts. Cases which fall exclusively to the jurisdiction of a federal prosecutor tend to be of an interstate nature, and are more likely than a state prosecution to be legally and factually complex.
  
Not all crimes can be prosecuted in federal court: the federal government has limited jurisdiction and can only prosecute cases that are specifically described in the federal criminal code.
In order to assert federal jurisdiction over a crime, the alleged criminal activity must involve either the federal government directly or some form of interstate commerce, and the federal courts have been very expansive in their definition of what constitutes "interstate commerce". In fact, the federal government now prosecutes a number of crimes that were traditionally prosecuted only in state court.
Federal criminal statutes have expanded rapidly in the last decade, and now criminalizes entire categories of activities that make it increasingly easy for Americans to end up on the wrong side of the law. Many of the new federal laws also set a lower bar for conviction than in the past: prosecutors don't necessarily need to show that the defendant had criminal intent.

Federal crimes may also carry stiffer sentences than state crimes, especially in the areas of drug trafficking and conspiracy. Federal penalties are more severe in cases involving child pornography and other sexual offenses prosecuted in federal court. Conversely, fraud and theft cases may result in lesser sentences than the same offense in state court, but generally speaking the system of mandatory minimum penalties and federal sentencing guidelines usually result in very lengthy sentences for people convicted of federal crimes.


Given the severity and complexity of federal criminal investigations and prosecutions, anyone charged with a federal crime should retain a lawyer who has extensive experience in federal criminal defense. Today's legal environment is highly complex and even intimidating, and this is particularly true in federal cases where a defendant can face the loss of important constitutional rights and the possibility of incarceration.
At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. If you or someone you know is facing federal charges contact the offices of Kuniansky and Associates at 713-622-8333 or visit http://www.kunianskylaw.com for a free consultation.

Houston Criminal Attorney Mail and Wire Fraud

Any criminal activity that involved the United States mail or electronic/digital communications is considered Mail or Wire Fraud. This includes the use of mail, television, radio or the internet in order to transmit false promises or advertisements to the public. Penalties may be up to $1,000,000 and 30 years in prison.

Mail fraud refers to any scheme which attempts to unlawfully obtain money or valuables in which the postal system is used at any point in the commission of a criminal offense. Mail fraud is a legal concept in the United States Code which can provide for increased penalty of any criminally fraudulent activity if it is determined that the activity involved used the United States Postal Service. This statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law. Prosecution under the mail fraud statute must prove beyond a reasonable doubt:

• That the statement is false;
• That it was made with the intention it should be relied on;
• That it was made for the purpose of securing money or property;
• That the statement was delivered by mail;
• That money or property was obtained by means of the false statement.

Wire fraud provides for enhanced penalty of any criminally fraudulent activity if it is determined that the activity involved electronic communications of any kind, at any phase of the event. As in the case of mail fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law.
The crime of wire fraud is codified at 18 U.S.C. § 1343, and reads as follows:

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both."

 It is important to note that a victim does not need to actually be deprived of property or deceived for a conviction under the mail fraud or wire fraud statutes. The intent to deprive a victim of property is enough to convict. It also generally does not matter if the property in question is tangible or intangible: it can be enough to convict someone who intends to deprive a victim of their intangible right to control their assets. Each separate use of wire communication or the mail in furtherance of a scheme generally constitutes a separate offense.

If you or someone you know is facing mail or wire fraud charges do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. Visit www.mail-wire-fraud-attorney.com or contact the offices of Kuniansky and Associates at 713-622-8333 for a free consultation.

Houston Criminal Attorney Money Laundering

Money Laundering is the practice of engaging in financial transactions in order to conceal the identity, source, and/or destination of money, and is a main operation of the underground economy.
Historically the term "money laundering" was applied only to financial transactions related to organized crime, but today its definition is often expanded by government regulators to encompass any financial transaction which generates an asset or a value as the result of an illegal act, and may involve actions such as tax evasion or false accounting.

Starting in 1970 Congress passed a series of laws attempting to prevent "dirty" money from entering the US financial system in the first place. These laws, collectively known as the Bank Secrecy Act  (BSA, 31 USC 5311–5330), require virtually all  financial institutions to report cash transactions in excess of US$10,000 on a currency transaction report (CTR) which identifies the individual making the transaction as well as the source of the cash. The US is one of the few countries in the world to require reporting of all cash transactions over a certain limit, although certain businesses can be exempt from the requirement.

Additionally, financial institutions must file a Suspicious Activity Report (SAR) if they know or suspect that the funds either come from illegal activity or disguise funds from illegal activity, are structured to evade BSA requirements or appear to serve no known lawful purpose. Any attempt to circumvent the BSA (i.e., by breaking up cash deposits to amounts lower than US$10,000 and depositing them on different days or at different locations) also violates the law.
In addition to the BSA, the U.S. requires individuals to report the transportation of cash in excess of US$10,000 across its borders


The Money Laundering Control Act of 1986 further defined money laundering as a federal crime. That legislation consists of two sections, 18 U.S.C. § 1956 and 18 U.S.C. § 1957, and prohibits individuals from engaging in transactions with the proceeds from certain specific crimes, known as "specified unlawful activities" (SUAs); the law also requires that an individual conceal the source, ownership or control of the funds. There is no minimum dollar amount, and no requirement for the transaction to succeed in actually disguising the money. Moreover, a "financial transaction" has been broadly defined and does not have to  involve a financial institution or even a business. Merely passing money from one person to another with the intent to disguise the source of the money has been deemed a financial transaction under the law.
 
Finally, the USA PATRIOT Act of 2001 expanded the scope of prior laws to more types of financial institutions, added a focus on terrorist financing, and specified that financial institutions take specific actions to "know your customer" (KYC).

Not only are money laundering prosecutions becoming more common, the penalties are often quite severe. Many people have concerns about the apparently broad application of these statutes, especially when they reach into legitimate business activities. A common example of this concern is a scenario where an individual or business handles money with no knowledge of any criminal origin, which could result in prosecution for money laundering in federal court.

It is a common tactic for a federal prosecutor to include money laundering and forfeiture allegations in an indictment. The money laundering crimes often carry harsher penalties than the underlying crime that created the money in the first place. Furthermore, prosecutors use these crimes to try and take away the defendants assets, as well as putting him or her in jail.


If you have been charged under the Bank Secrecy Act, the Money Laundering Control Act or the USA Patriot Act it is critical to your case that you hire effective legal representation right away: do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston Texas law office of Kuniansky & Associates will work diligently to ensure your rights are protected. Contact the offices of Kuniansky and Associates at 713-622-8333 or visit www.money-laundering-attorney.com  for a free consultation.

Houston Criminal Attorney: Federal Conspiracy Charges

A conspiracy to commit a federal crime occurs when two or more people agree to commit a crime. In Federal court, defendants may be charged with both committing the crime and conspiring to commit the crime. To be charged with conspiracy, an individual does not have to have taken part in the commission of the criminal act; conspiracy is a separate crime, and charges may be applied even after the criminal offense occurs. Additionally, the government doesn’t have to prove that there was any written agreement between the co-conspirators; the prosecutor can prove a conspiracy just by proving that the people it says were involved in the conspiracy were working together to do some crime.
Courts have held that a person can be in a conspiracy with another person even if they have never met, as long as they knew the other person was doing something to further the conspiracy. This is common in situations such as illegal drug dealing where a central person or group of people is coordinating the work of others.

The United States Code contains several specific conspiracy provisions; the general federal conspiracy statute is 18 U.S.C. § 371, which criminalizes conspiracies to defraud the United States as well as conspiracies to violate any other provision of federal law.
In addition, 21 U.S.C. § 846 makes it illegal to commit a conspiracy to manufacture, distribute, or possess with intent to distribute controlled substances. 18 U.S.C. § 1951  prohibits committing a robbery of any article in interstate commerce and contains its own conspiracy provision.

One serious consequence of a conspiracy charge is that even very minor participants may be swept up in the same case as someone who is responsible for more serious criminal offenses. This is a particular problem in drug conspiracy cases in which a person who had a very minor role in a situation involving a significant quantity of drugs can be subject to a mandatory minimum for all the drugs in the conspiracy. Under the federal sentencing guidelines, penalties for committing a conspiracy and committing the underlying offense are usually the same. In order for the jury to find a defendant guilty of conspiracy, the jury does not have to conclude that he entered into an explicit agreement with another person to commit the crime, only that an understanding was reached.

Federal prosecutors like to bring conspiracy charges because it liberates them of certain evidentiary restrictions. Because conspiracy charges are so broad, and because so much of the law created by federal courts about conspiracy is challenging for people accused of federal conspiracy offenses, an attorney representing a client in a federal conspiracy case has to very carefully investigate the government’s evidence to know how to adequately defend his or her client. Conspiracy charges often give rise to complicated issues about when the conspiracy began, the admission of hearsay statements of some conspirators against others, whether the trial should be severed (i.e. the defendants tried individually), etc.

There must be substantial evidence in order for conspiracy charges to stick. There may be opportunity to discredit such charges with various legal defenses, such as claiming that the defendant removed themselves as a member of the conspiracy, that there never was an actual agreement, that there was no action taken towards the crime or that the conspiracy was a false accusation.


In order for the jury to find a defendant guilty of conspiracy, they only have to conclude that an understanding was reached between the accused parties. Under federal sentencing guidelines the penalties for committing a conspiracy is usually the same as for committing the underlying offense. If you are facing a conspiracy charge in federal court, it is especially important to retain a lawyer experienced in this area of law. Contact the offices of Kuniansky and Associates at 713-622-8333 for a free consultation.

Houston Criminal Attorney: Asset Seizure and Forfeiture

Asset forfeiture is a term used to describe the confiscation of assets by the Government which are either the proceeds of crime or the "instrumentalities of crime". Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics.

There are two types of forfeiture cases: criminal and civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender.
Before the Civil Asset Forfeiture Reform Act was enacted in 2000, the government only had to establish probable cause that the property was subject to forfeiture; the owner had to prove on a "preponderance of the evidence" that it was not. The new law does hold the government to the "preponderance of evidence" standard and shifts the burden of proof to the federal government instead of the property owner, but the property owner still need not be found guilty of any crime.

Since the government can choose the type of case, a civil case is almost always chosen. The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years. It should be noted however, that in 80% of asset forfeiture cases no one is ever charged with a crime. Federal agents often pursue forfeiture through sealed documents, or avoid the court system entirely by seizing assets without charging the owners with any crime in a procedure called "administrative forfeiture." This policy results in thousands of cases each year where the feds take cash, guns or other items from U.S. citizens without a judge or jury. Fifteen federal agencies have the power to seize assets, and over the past dozen years those agencies have taken more than $20 billion in cash, securities and other property. The United States Treasury Department is responsible for managing and disposing of properties seized by Treasury agencies.
The goal of both programs is to maximize the net return from seized property by selling at auctions and to the private sector, then using the property and proceeds for "law enforcement purposes".


In recent years, state and federal governments have used a wide variety of statutes to seize and ultimately confiscate personal and real property from American citizens. You must respond immediately to any notice that the government intends to go ahead with forfeiture proceedings: the forfeiture process has crucial deadlines and failure to respond may be devastating to your ability to defend your rights in court. 

At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. We are committed to providing personal attention to every client and have a deep understanding of prosecutorial strategies, conducting thorough investigations and preparation in every case. We have more than 30 years of valuable trial experience to bring to your defense.
If you believe you may be under federal or state investigation for a crime, it is critical to your case that you hire a qualified criminal defense attorney right away. The law office of Kuniansky & Associates will work diligently to ensure your rights are protected. Visit www.forfeitures-attorney.com for more information or call (713) 622 8333 for a free consultation.

Houston Criminal Attorney: Insider Trading

Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) by individuals with access to non-public information about the company.
"Corporate insiders" are defined as a company's officers, directors or any beneficial owners of more than 10% of a class of the company's equity securities. By accepting employment these insiders have undertaken the legal obligation to put the shareholders' interests before their own in matters related to the corporation. This means that any trades in the company's own stock made by these  insiders, if based on material non-public information, are considered fraudulent since the insiders are violating the fiduciary duty that they owe to the shareholders.
In addition, this duty may be imputed; for example, when a corporate insider "tips" a friend about non-public information likely to have an effect on the company's share price, the duty that insider owes the company may now be imputed to their friend. When allegations of a potential inside deal occur, all parties that may have been involved are at risk of being found guilty.
The Securities and Exchange Commission prosecutes over 50 cases of Insider Trading each year, with many being settled administratively out of court. The SEC and several stock exchanges actively monitor trading and can refer serious matters to the U.S. Attorney's Office for further investigation and prosecution.


US insider trading prohibitions are based on English and American common law prohibitions against fraud: as early as 1909 the United States Supreme Court ruled that a corporate director who bought company stock knowing it was about to jump in price committed fraud by not disclosing his inside information.
The Securities Exchange Act of 1934 was enacted after the stock market crash of 1929 to prohibit short-swing profits (from any purchases and sales within any six-month period) made by corporate directors, officers, or stockholders and to prohibit fraud related to securities trading. The Insider Trading Sanctions Act of 1984 and the Insider Trading and Securities Fraud Enforcement Act of 1988 provide for penalties as high as three times the profit gained or the loss avoided from the illegal trading.

Defending those accused of white collar criminal charges is where our law firm stands out from the rest.
 Extensive experience combined with an intimate understanding of white collar legal issues gives you the edge in court, where it counts the most. Kuniansky and Associates works with stockbrokers, promoters, accountants and traders in preparing an effective legal defense. At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. We are committed to providing personal attention to every client and have a deep understanding of prosecutorial strategies, conducting thorough investigations and preparation in every case. We have more than 30 years of valuable trial experience to bring to your defense.

Houston Criminal Attorney: Mortgage Fraud

In mortgage lending, the paperwork is intensive and the regulations complex. It is easy to encounter legal problems if any documentation is deemed false, misleading, or incomplete. Government and industry fraud investigators often draw the wrong conclusions when examining records, and may persue criminal charges when there was no intent to defraud.

Mortgage fraud is being prosecuted with greater frequency and increased zeal in Texas and throughout the country: the FBI identified mortgage fraud as a “pervasive and growing” problem in the United States and has listed it as a “significant priority” in its Financial Crimes Report. Police, federal law enforcement, the securities division and state banking departments are carefully investigating and vigorously pursuing individuals who may have been involved in deceptive mortgage practices.

While there is no specific federal law governing mortgage fraud, the term generally covers laws that deal with real property transactions. In other words several types of fraud are used to comprise what the government calls mortgage fraud. Examples of the federal fraud law would be:

• Mail Fraud- refers to any scheme which attempts to unlawfully obtain money or valuables in which the postal system is used at any point in the commission of a criminal offence. Mail fraud is a legal concept in the United States Code which can provide for increased penalty of any criminally fraudulent activity if it is determined that the activity involved used the United States Postal Service.
• Wire Fraud- a legal concept that provides for enhanced penalty of any criminally fraudulent activity if it is determined that the activity involved electronic communications of any kind, at any phase of the event. As in the case of mail fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law.
• Bank Fraud- false information provided to a FDIC insured bank 

In addition there are usually other counts such as money laundering. The base offense level can be a 6 or 7 on the sentencing guidelines, which provides for a possible probation sentence; however, if the loss exceeds $5,000.00 then the guidelines provide for a greater exposure of prison time. The maximum term of imprisonment for the fraud indictment is usually 20 years although other counts can increase this exposure.

There are many ways for home buyers to land in trouble with federal authorities while applying for a mortgage. Criminal intent may be assigned to honest mistakes in a mountain of required documentation, or charges could result from the lax practices of mortgage professionals trying to help buyers qualify for loans. Mortgage brokers, realtors, lenders and borrowers are also possible defendants in a mortgage fraud indictment; because of their fiduciary roles, industry insiders can face enhanced criminal penalties if found guilty of profiting from fraudulent transactions through kickbacks, fees, or commissions.  Many borrowers have also been indicted based upon the documents they were encouraged to sign in obtaining their loans.

A criminal mortgage fraud defense attorney must research and investigate a mortgage fraud indictment at many levels. Mr. Kuniansky works closely with forensic accountants, financial experts, CPAs and former bank officials in preparing his clients' defense. 
Our office is experienced in defending mortgage fraud cases in several federal courts throughout the country. At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. We are committed to providing personal attention to every client and have a deep understanding of prosecutorial strategies, conducting thorough investigations and preparation in every case. We have more than 30 years of valuable trial experience to bring to your defense, and represent bank officials, loan officers, loan processors, loan recruiters and promoters, straw buyers, underwriters, account managers, appraisers, mortgage and real estate brokers and agents.

For more information visit mortgage-fraud-attorney.com or contact us at (713) 622 8333 for a free consultation.