Houston Criminal Attorney: Bank Robbery

Every year in the United States, robberies of banking institutions account for millions of dollars of losses. In 2011 -the last complete year for data- more than $38 million was stolen and just over 100 people killed or injured in some 5,000 robberies of financial institutions reported to the FBI. There has been a sharp decline in bank heists since the early 1990's due to better bank security, investigative techniques and tougher sentencing. Thieves have also tended to move into the electronic realm which is obviously less violent and dangerous; while the number of traditional bank robberies has declined, crimes involving ATMs and online scams have soared.

Banks are insured by the federal government, and when one is robbed the accused is charged with a federal felony offense. These cases are tried in federal court and the prosecutors are highly dedicated and skilled attorneys working with the full support of federal law enforcement branches such as the FBI. Bank Robbery as a crime is defined in 18 U.S.C. Section 2113(a) ; to establish charges of bank robbery the prosecution must prove that a person took or tried to take money or property from a federally insured institution. This included credit unions, savings and loan associations and even robbery of ATMs. Taking money by fraud or larceny does not qualify as a bank robbery and is considered a different crime.

Because bank robbery is always a federal offense the penalties are higher than those for many other types of crime some bank robberies have a penalty of life in prison. Bank robbery does not require the use of a dangerous weapon, but a person's sentence increases substantially if a dangerous weapon is used; courts have ruled that even harmless objects appearing to be weapons, or a "threat of death" such as simply stating "I have a gun", or even a gesture  can trigger the enhancement. If a co-defendant uses a weapon, the enhancement will apply to any defendant who knew or should have known about the use of the dangerous weapon. Even if no weapon is used any bank robbery is still considered to be "done with force and intimidation", as even a note passed to a teller can be considered intimidation. The use of a note during a bank robbery does not constitute armed robbery, but may still be considered a crime of violence.

Federal law divides the offense of bank robbery into five phases, making each step a separate crime:

• Entering the financial institution with the intent to commit a crime
• Taking/carrying away property (escape), with anyone assisting being a principle to the crime
• Concealing/possessing/disposing of the property, with anyone assisting being a principle to the crime
• Penalties are more severe if a weapon or device was used or anyone was assaulted
• If a killing or kidnapping occurs during the commission of the crime, the death penalty can be given

A conviction for bank robbery can result in a range of punishments including fines and prison time. A basic robbery conviction can receive anywhere from one to 20 years of prison time, dependent on the degree of bank robbery and if there were weapons or injuries involved.

In order to sustain its burden of proof for the crime of armed bank robbery, the government must prove  four essential elements beyond a reasonable doubt; that the accused took money that was in the care, custody, or possession of a bank, that the taking was by force and violence or intimidation, that the accused deliberately assaulted or put the life of the person in jeopardy by the use of a dangerous weapon or device while taking the money; and that the deposits of the bank were then insured by the Federal Deposit Insurance Corporation.
 

Federal criminal law is a very serious and complex body of law; therefore, federal criminal defense is a highly specialized legal practice area. Being accused of a federal crime is extremely serious and may result in life changing consequences.
If you have been charged with or are under investigation for any federal crime you need an experienced criminal defense lawyer. Contact the Law Offices of Richard Kuniansky today at (713) 622-8333 or visit www.kunianskylaw.com today for a free consultation.
We will work tirelessly to ensure the best possible outcome for your case.

Houston Criminal Attorney: Credit Card Fraud

Credit card fraud is one of the most common white collar offenses, and it affects thousands of people every year. Credit or Debit card fraud can involve the outright theft of another person’s credit card, using another person’s credit card without their knowledge, using the identification number of a person’s credit card without actually taking the card, or using another person’s credit card information that has been stored in a computer without their knowledge.

The increasing popularity of online shopping and online banking coupled with the popularity of credit and debit cards as a method of payment may make the temptation for credit card fraud very powerful for many people. Any type of fraud is considered a serious criminal offense in the state of Texas. Credit card fraud in particular is a common offense, and law enforcement will aggressively prosecute anyone alleged to have taken part in this crime. The specific charges brought against you depend on both how the credit card was obtained or used and  the value of the merchandise or services illegally obtained.

Credit Card / Debit Card Abuse essentially means using someone else’s card without their consent. This can be done in person at a store or online at any store web site where there are insufficient security protocols (e.g., no PAN truncation, so the complete card number appears on receipts; or no requests by the seller for authenticating information like a PIN or zip code). Here, the physical card (debit or credit) is in the possession of another person after being “found” or given to them.
Identity theft often finds credit card fraud a lucrative opportunity: once someone has personal information regarding an individual (name, address, SSN, etc.) then it is relatively easy to use that identity information to apply for and receive credit cards in that person’s name. This form of credit card fraud involves using a fake credit card account to buy things online or in person at stores.
Skimming means that the credit card numbers are taken by someone without disturbing the actual plastic card. This can happen during a regular credit transaction – when someone pays for a meal at a restaurant or buys a new computer game at the local shopping mall. Sometimes the numbers are discovered from receipts or other documents that have been discarded, unshredded, in neighborhood trash cans or dumpsters. Other times, the number is lifted online from an unsuspecting person who fills out a survey, etc. The credit card number is then used to purchase items in transactions where the physical card is not required.

According to Texas Penal Code §32.31, a person commits credit card fraud if that person:

• Presents or uses a credit card or debit card with knowledge that: (A)the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or (B)the card has expired or has been revoked or cancelled with the intent to obtain a benefit fraudulently;
• Uses a fictitious credit card or debit card or the pretended number or description of a fictitious card with intent to obtain a benefit;
• Receives a benefit that they know has been obtained in violation;
• Steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use, sell or transfer it to a person other than the issuer or the cardholder;
• Purchases a credit card or debit card from a person who he knows is not the issuer;
• Sells a credit card or debit card, not being the issuer;            
• Uses or induces the cardholder to use the cardholder's credit card or debit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay;
• Possesses a credit card or debit card with intent to use it without the effective consent of the cardholder, or
• Being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, with intent to defraud the issuer or a cardholder, fails to furnish goods or services represented in writing to the issuer.

A conviction for a state jail felony credit card fraud offense can lead to at least 180 days in a jail up to two years in jail and/or a fine not more than $10,000; if the credit card fraud is committed against an elderly person, the alleged offender could receive a conviction for a felony of the third degree which can result in a prison sentence ranging from two to ten years and/or fines up to $10,000. Punishments for a conviction will also vary depending on whether the alleged offender already has a felony conviction, caused the death or serious bodily injury to another when they committed the offense, and/or used a weapon during the commission of the offense.

If you believe you may be under investigation for a white collar crime, it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. Contact the Houston, Texas law offices of Richard Kuniansky today at 713-622-8333 or visit www.kunianskylaw.com for a free consultation. We will work diligently to ensure your rights are protected.

Houston Criminal Attorney: Sex Trafficking and Slavery

Trafficking in Persons (Human Trafficking) is defined as:

1. Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
2. The recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.

Human trafficking is often synonymous with slavery because the victims are usually subjected to involuntary labor or sex work. Human traffickers generally isolate their victims, making them dependent on their abusers through  both physical and psychological abuse.
The problem of human trafficking has multiplied exponentially in the United States in recent years. Although the idea of slave labor and child prostitution is deplorable to most Americans, statistics show that the United States is a leading destination for human trafficking. According to the National Human Trafficking Resource Center an estimated 100,000 to 300,000 children are victims of child exploitation in the United States each year. And though many people believe that victims of human trafficking are undocumented immigrants, statistics report that 83 percent of victims are United States citizens. This makes human trafficking the second most profitable organized crime, following only drug trafficking.

Human trafficking is often confused with human smuggling, but in fact they are separate legal issues even though they may be related. Human (or migrant) smuggling involves the deliberate concealing of people with the intent to transport them into the country without proper documentation. Although illegal immigrants often become victims of human trafficking through debt servitude, trafficking in persons is a separate offense.
Human trafficking does not require transportation as a defining characteristic, although victims may be moved from city to city. In cases of forced domestic servitude the victim typically remains in one place.

According to the United Nations Office on Drugs and Crime human trafficking is defined by three elements:

• Act; the actual recruitment, transport, transfer, harboring, or receipt of persons
• Means; the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, giving payments or benefits
• Purpose; exploitation of victims including prostitution, sexual exploitation, forced labor, slavery, removal of organs, and other types of exploitation

Federal anti-trafficking legislation includes two notable acts on which most state laws are based: the  William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and the Trafficking Victims Protection Reauthorization Act of 2013, part of the Violence Against Women Reauthorization Act of 2013.


The United States Criminal Code defines and prohibits human trafficking in 18 USC Chapter 77: Peonage, Slavery, and Trafficking in persons, setting forth the following penalties:

• Forced labor and Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor: maximum penalty of 20 years in federal prison; if a kidnapping, attempted kidnapping, sexual assault, attempted murder, or death occur, the maximum penalty is life in prison 
• Sex trafficking of children or by force, fraud, or coercion – minimum of 10 years to life if the victim is aged 14 to 17; if the victim is under the age of 14, the penalty is 15 years to life. 

Human Trafficking in Texas

According to the U.S. Department of Justice, Houston, Texas is one of the nation’s largest hubs for human trafficking. There are over 200 active brothels in Houston along with multiple strip clubs and illicit spas that serve as fronts for sex trafficking. Proximity, demographics and a large migrant labor force all contribute to high levels of trafficking through Houston and the rest of Texas; Houston’s proximity to the Mexican border, I-10 which runs through the city and across the country, the port of Houston and two large airports combine to make it a popular point of entry for international trafficking. Houston’s huge geographic size and large Hispanic, Asian and Middle Eastern populations create optimal conditions for trafficking because of the ability to blend in with the community.
Also, Texas businesses employ migrant labors in many different sectors such as textiles, agriculture, restaurants, construction, and domestic work. This vast diversity makes it difficult for law enforcement to concentrate on any one labor sector in fighting human trafficking.

Texas State law specifically addresses human trafficking in Chapter 20A of the Texas Penal Code, defining the acts of knowingly trafficking for the purpose of using a person for forced or harmful labor, benefiting from human slavery activities or subjecting a trafficking victim to continuous sexual abuse, prostitution or illegal forms of pornography as first degree felonies. The exact punishment for a trafficking of persons conviction will vary in accordance with the defendant’s prior criminal record and whether a weapon was employed to commit the crime, but sentences can include five to 99 years in prison, a maximum fine of $10,000 and mandatory sex offender registration.

Texas human trafficking laws are difficult to interpret, and overly exuberant prosecutors frequently accuse people of committing human trafficking or sex trafficking even when the available evidence may not support the allegations. The prosecution is legally required to prove every element of a human trafficking charge beyond a reasonable doubt. If you believe you may be under Federal or State investigation for human trafficking, it is critical to your case that you hire a qualified criminal defense attorney right away. Visit the website of Richard Kuniansky at www.kunianskylaw.com or call (713) 622-8333 today for a free consultation.

Houston Criminal Attorney: Identity Theft

Identity theft occurs when someone uses another individual's personally identifying information without their consent, such as their name, Social Security number or credit or debit card information. With the advent of the internet identity theft has become much more common, and both Federal and State governments have established specific laws in order to combat it.

United States Federal law has two statutes that address the crime of identity theft: 18 USC 1028, passed in 1998, and 18 USC 1028A which was passed in 2004.
The offense of identity theft was established by section 1028(a)(7), which provides that a person is guilty of identity theft if he uses the identifying information of another in connection with any federal crime or any state or local felony. The federal crime of identity theft requires a predicate offense, i.e., a person can only be charged with identity theft if they first commit another crime while using a stolen identity.

18 USC 1028A established the offense of aggravated identity theft, prohibiting the use of identifying information belonging to another in regards to certain federal offenses and/or in relation to terrorism offenses.
Aggravated identity theft has a mandatory two-year sentence in the Bureau of Prisons. This sentence must be served consecutively to any other sentence.

The consecutive nature of sentencing is important because the case always involves two sentences; whatever the sentences for the underlying crime, a person charged with aggravated identity theft must serve two years after that. The only situation in which the court may sentence the defendant to concurrent sentences for aggravated identity theft is where there are multiple convictions for aggravated identity theft. In this instance, each two-year consecutive sentence for aggravated identity theft may be served at the same time, but always after the sentence on the underlying crime.
18 USC 1028A provides that a person is guilty of aggravated identity theft where he or she commits a crime and also “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.”
Some crimes which trigger the federal aggravated identity theft statute are:

• Theft of public money or property
• Theft, embezzlement, or misapplication by a bank officer or employee
• False personation of citizenship
• False statements made in connection with the acquisition of a firearm
• Any crime relating to mail, bank, and wire fraud
• Any crime relating to nationality, citizenship, passports, visas and various other immigration offenses
• False statements relating to Social Security programs

In the State of Texas identity theft falls under Tex. Penal Code Ann. § 32.51, if an individual obtains, possesses, transfers, or uses the following with the intent to harm or defraud another person:

• Identifying information of another person without their consent,
• A deceased person’s information that would be identifying if they were alive, and/or
• Identifying information of a person who is younger than 18 years old.

In Texas conviction for identity theft can result in a state felony depending on the number of pieces of identifying information the alleged offender had. This can include a person’s name, social security number, date of birth, address or financial institution account numbers.
Chapter 12 of the Texas Penal Code defines the standard penalties for identity theft offenses, and suggested punishments can increase depending on whether the alleged offender has been convicted for another felony offense, committed the offense against an elderly person, caused death or serious bodily injury to another person during the commission of the ID theft offense and/or used a weapon while committing or attempting to commit the offense. Penalties under Texas State Law include:

• State jail felony identity theft: 180 days to two years in Texas jail and/or a fine not more than $10,000.
• Third degree identity theft: two to ten years and/or fines not exceeding $10,000.
• Second degree identity theft: 20 year prison sentence and/or a fine up to $10,000.
• First degree identity theft: five to 99 years in prison or up to life in prison and/or a fine up to $10,000.

If you or one you know is currently under investigation for identity theft in Texas, Kuniansky & Associates are entirely committed to protecting your rights. We can provide a thorough evaluation of all the facts of your case, prepare a powerful defense, and use our strong courtroom skills and extensive experience to effectively advocate on your behalf. It is critical to your case that you hire a qualified criminal defense attorney right away. Visit www.kunianskylaw.com for a free case evaluation, or call (713) 622-8333 to speak with a qualified criminal defense attorney.

Houston Criminal Attorney: Immigration Fraud

Federal immigration law determines whether a person is an alien and also provides means by which certain aliens can become naturalized citizens, as well as regulating who may enter the country, how long they can stay and when they must leave. The Immigration and Nationality Act of 1952 continues to be the basic immigration law of the country: the most significant amendment to the INA abolished the natural origin provisions and established a new quota system in 1965.
Foreign-born non-citizens residing in the United States are subdivided into immigrants and non-immigrants. Immigrants are foreign-born non-citizens that are able to apply for citizenship. Non-immigrants are foreign-born non-citizens who are not able to apply for citizenship, such as diplomatic staff, temporary workers, students, tourists, etc.
There are four broad categories of foreign-born people in the United States:

• US citizens born outside the United States (naturalized
• Foreign-born non-citizens with current visa to reside and/or work in the US (documented)
• Foreign-born non-citizens without a current visa but that are not prohibited from entry (undocumented)
• Foreign-born non-citizens in the United States that are prohibited from entry (illegal)

There are two basic types of immigration fraud: document fraud and benefit application fraud. While both are widespread, immigration investigators often consider benefit fraud far more dangerous. Although document fraud is prevalent victims often remain below the radar in fear that they will be discovered. On the other hand, if an immigrant acquires legitimate documents and benefits through fraudulent means that immigrant might never be detected.

Immigration Document Fraud refers to the manufacture, sale or use of counterfeit identity documents such as fake driver’s licenses, birth certificates, social security cards, or passports, for immigration fraud or other criminal activity. Document fraud also includes efforts to obtain genuine identity documents through fraudulent means. Immigration benefit fraud refers to the misrepresentation or omission of material facts on an application to obtain an immigration benefit one is not entitled to—such as U.S. citizenship, political asylum or a valid visa.
 One of the most common types of benefit fraud is marriage fraud; foreigners and illegal immigrants often use short-term or fraudulent marriages to gain U.S. green cards and citizenship.
The immigration laws of the United States provide for severe penalties, including potential lifetime exclusion from the United States, for those who try to procure immigration benefits through fraud or misrepresentation. Because obtaining a green card through marriage is famously one of the fastest (and sometimes only) methods, USCIS knows that there will always be those who attempt to obtain permanent residence through a false marriage. Unfortunately, this tends to raise the scrutiny on all applicants to the extent some couples who indeed do share a true marriage, are subject to invasive and stressful immigration fraud investigations.

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the primary investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that are responsiles for a number of key homeland security priorities. ICE enforces the nation’s immigration and customs laws and protects federal facilities. Operational Divisions include:

• Investigations, responsible for investigating both domestic and international activities arising from the movement of people and goods that violate immigration and custom laws and threaten national security.
• Detention and Removal Operations, responsible for ensuring the departure from the United States of all removable aliens and enforcing the nation’s immigration laws.
• Federal Protective Service, responsible for policing, securing and ensuring a safe environment in which federal agencies can conduct their business, and
• The Office of Intelligence, responsible for the collection, analysis, and dissemination of strategic and tactical intelligence data for use by operational elements of ICE and DHS.

Immigration-related investigations and arrests often target Americans or legal residents of the U.S. who have facilitated illegal immigration, knowingly or unknowingly. Those who are found guilty of immigration fraud will suffer severe legal consequences.

If you believe you may be under federal investigation for immigration fraud, it is critical to your case that you hire a qualified criminal defense attorney 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. Visit www.immigration-fraud-attorney.com or call (713) 622 8333 for a free consultation.

Counterfeit Goods and Pirating

Counterfeiting is a form of trademark infringement, and includes intentionally manufacturing or selling goods or services bearing fake trademarks; for example, deliberately duplicating the Adidas trademark on shoes not manufactured by the company. Although the counterfeiter’s primary purpose is to confuse consumers,
it’s still counterfeiting even if both buyers and sellers are aware that the product is not genuine.

The term “knockoff” is often used as a substitute for counterfeit, however while some knockoffs may imitate an established product they may not necessarily infringe; if the design of the underlying work -a dress, for example- is not protected under the law, the knockoff  may not violate any legal rules unless it includes a counterfeit trademark or other copyrighted design. In addition, the counterfeiter must have duplicated the trademark on the goods or services for which the trademark was federally registered; for example, it is not counterfeiting to put the Gucci mark on automobile seat covers as these are not goods for which Gucci has a registered trademark.
Although the sales of counterfeit goods is aggressively prosecuted  it is difficult to hold a person liable for purchasing them, especially if the item is for personal use and/or they bought it without knowing that it was fake.

According to the International Chamber of Commerce (ICC), counterfeit goods account for from 5 percent to 7 percent of world trade. As a result, prosecuting distributors of counterfeit goods has become a priority for law enforcement. 

Not only do the designers and manufacturers of legitimate products lose money, but their brands’ reputation is compromised by inferior fakes. Counterfeit Drugs seldom meet FDA standards, putting the health of those who use them at risk and opening the door to additional civil and criminal charges.
The counterfeiting industry is complex and highly organized: it often involves the transport of illegal goods across state and international borders. Persons who are arrested for selling counterfeit goods may be  charged with multiple crimes in connection with the sales, including conspiracy and smuggling goods into the U.S. 

Most illegal distributors are caught as a result of online sales (for example, eBay has explicit anti-counterfeiting rules and will banish violators), or because a disgruntled customer or competitor reports them. The trademark owners will generally seek to make an example of counterfeiting businesses in order to prevent others from doing the same.

Statutes outlawing the production and distribution of counterfeit goods include the Stop Counterfeiting in Manufactured Goods Act, the Trademark Counterfeiting Act of 1984 and the Anti-counterfeiting Consumer Protection Act.

Penalties for counterfeit trafficking increase with the value of the items manufactured, sold or distributed; if the value exceeds one thousand dollars the maximum term is 3 to 7 years' imprisonment, and if the value exceeds one hundred thousand dollars you could go to prison for a term of 5 to 15 years. Fines may exceed  $500,000. In addition, a judge has discretion to order that all your goods will be destroyed and authorities may seize the proceeds of any sales along with property such as vehicles used to transport counterfeit products or machinery and tools used in their manufacture.

A simple offer to sell counterfeit products can also trigger liability as a counterfeiter; i.e., offering to sell counterfeit jeans and providing a sample to an undercover police officer. Proof of actual production or sale may not be necessary to prove counterfeiting. Similarly, an Internet Service Provider (ISP) that knowingly hosts websites selling fake merchandise could be liable for contributory infringement.

If you have been charged with sale of counterfeit goods, or their manufacture and distribution, don't wait to obtain expert criminal defense.  contact the offices of Kuniansky and Associates at 713-622-8333 or visit www.kunianskylaw.com for a free consultation.