Archive for category Criminal Defense
A person filed a false document with the secretary of state’s office. Is this a crime?
Posted by David Leon in Business law, Criminal Defense on 17/05/2010
Yes. It is a misdemeanor (class A) to knowingly file a materially false document with the Texas Secretary of State’s office. If it the false filing was done with the intent to harm or commit fraud, then it can be a felony (state jail).
Sec. 4.008 Texas Business Organizations Code.
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I sold some property that had a lien on it. I can’t afford to pay the lienholder. What is the punishment for this?
Posted by David Leon in Contract law, Criminal Defense, Real Estate Law on 07/05/2010
If you sell secured property (property with a lien on it) and you fail to pay the secured party from the proceeds, you may be charged with Hindering a Secured Creditor, a criminal offense. The potential punishment for this is governed by Tex. Penal Code Sec. 32.33(e):
(1) a Class C misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of less than $20;
(2) a Class B misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of $20 or more but less than $500;
(3) a Class A misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of $500 or more but less than $1,500;
(4) a state jail felony if the proceeds obtained from the sale or other disposition are money or goods having a value of $1,500 or more but less than $20,000;
(5) a felony of the third degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $20,000 or more but less than $100,000;
(6) a felony of the second degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $200,000 or more.
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There is a lien on my property. I just sold it for cash, but I can’t afford to pay the loan. Now the lienholder is trying to repossess. What can they do to me?
Posted by David Leon in Contract law, Criminal Defense, Real Estate Law on 07/05/2010
A person who is a debtor under a security agreement, and who does not have a right to sell or dispose of the secured property or is required to account to the secured party for the proceeds of a permitted sale or disposition, commits an offense if the person sells or otherwise disposes of the secured property, or does not account to the secured party for the proceeds of a sale or other disposition as required, with intent to appropriate the proceeds or value of the secured property. Tex. Penal Code. 32.33(e)
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What are the penalties for hindering a secured creditor?
Posted by David Leon in Consumer & Credit, Criminal Defense, Real Estate Law on 07/05/2010
You need to look at Sec. 32.33 (d) of the Texas Penal Code for the penalties associated with Hindering a Secured Creditor:
(1) Class C misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is less than $20;
(2) Class B misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20 or more but less than $500;
(3) Class A misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $500 or more but less than $1,500;
(4) state jail felony if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $1,500 or more but less than $20,000;
(5) felony of the third degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20,000 or more but less than $100,000;
(6) felony of the second degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $100,000 or more but less than $200,000; or
(7) felony of the first degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $200,000 or more.
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I’ve been charged with hindering a secured creditor? What is the punishment for hindering a secured creditor?
Posted by David Leon in Criminal Defense on 25/12/2009
This is governed by Texas Penal Code Sec. 32.33(e):
(1) a Class C misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of less than $20;
(2) a Class B misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $20 or more but less than $500;
(3) a Class A misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $500 or more but less than $1,500;
(4) a state jail felony if the proceeds obtained from
the sale or other disposition are money or goods having a value of
$1,500 or more but less than $20,000;
(5) a felony of the third degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $20,000 or more but less than $100,000;
(6) a felony of the second degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $200,000 or more.
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I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do?
Posted by David Leon in Consumer & Credit, Criminal Defense, Real Estate Law on 25/12/2009
This is a very serious offense. This is governed by Texas Penal Code Sec. 32.32. The more common activities include falsely stating an inflated income on a mortgage application, or falsely increasing your income to obtain a loan. Either way, if the amount of credit granted as a result of a false statement is greater than $1,500, then the actor may be charged with a felony. Also, there may be federal charges in many cases.
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What is Online Harassment?
Posted by David Leon in Criminal Defense on 20/09/2009
Sec. 33.07 of the Texas Penal Code makes it a third degree felony if a person uses the name or persona of another to create a web page or post on a commercial networking site without permission and with the intent to harm, defraud, intimidate, or threaten another person.
The code section makes it a Class A misdemeanor to send an email, IM, text or similar communication that references any identifying information belonging to any person without obtaining the person’s consent, with the intent to cause the recipient to believe that the other person authorized the communication, and with the intent to harm or defraud any person. If the intent is to solicit responses by emergency services, then the act is a third degree felony.
(Full text of this statute was not available at press time.)
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What are the different types of felonies and punishments in Texas?
Posted by David Leon in Criminal Defense on 20/09/2009
Absent extenuating circumstances, the “ordinary” felony punishments are listed below, as set forth in the Texas Penal Code. Felonies are broken down from capital felonies (most severe, to degrees (1st, 2nd, 3rd) and then state jail felonies (least severe.) There are enhancements to the punishments available in many circumstances.
Sec. 12.31. CAPITAL FELONY.
(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.
Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT.
(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT.
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT.
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
Sec. 12.35. STATE JAIL FELONY PUNISHMENT.
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) under Section 21.02 (Continuous Sexual Abuse of a Child) or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure**; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
**Article 42.12, Code of Criminal Procedure, Limitation on Judge Ordered Community Supervision, Sec. 3g(a)(1) states that it shall not apply to a defendant adjudged guilty of an offense under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency with a
child);
(D) Section 20.04, Penal Code (Aggravated kidnapping);
(E) Section 22.021, Penal Code (Aggravated sexual assault);
(F) Section 29.03, Penal Code (Aggravated robbery);
(G) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(i) Section 481.140, Health and Safety Code; or
(ii) Section 481.134(c), (d), (e), or (f), Health and Safety
Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; or
(H) Section 22.011, Penal Code (Sexual assault); or
(2) to a defendant when it is shown that a deadly weapon as
defined in Section 1.07, Penal Code, was used or exhibited during
the commission of a felony offense or during immediate flight
therefrom, and that the defendant used or exhibited the deadly
weapon or was a party to the offense and knew that a deadly weapon
would be used or exhibited. On an affirmative finding under this
subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
(b) If there is an affirmative finding under Subsection
(a)(2) in the trial of a felony of the second degree or higher that
the deadly weapon used or exhibited was a firearm and the defendant
is granted community supervision, the court may order the defendant
confined in the institutional division of the Texas Department of
Criminal Justice for not less than 60 and not more than 120 days. At
any time after the defendant has served 60 days in the custody of
the institutional division, the sentencing judge, on his own motion
or on motion of the defendant, may order the defendant released to
community supervision. The institutional division shall release
the defendant to community supervision after he has served 120
days.
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What are misdemeanor punishments?
Posted by David Leon in Criminal Defense on 20/09/2009
Crimes in Texas are divided into two categories: felonies (serious crimes) and misdemeanors (less serious.) Misdemeanors are further broken down into classes A (most severe) through C (least severe.)
Punishments for misdemeanors are set forth in the Texas Penal Code as follows:
SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS
Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.
Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
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Legislative update: DWI warrantless blood tests
Posted by David Leon in Criminal Defense on 20/09/2009
Transportation Code Sec. 724.017 now allows law enforcement to extract a blood sample from a DWI suspect who is arrested (as defined in Ch. 49 of the Texas Penal Code) without a warrant. (See: SB 238). The blood test may be taken if the person is arrested, refuses a voluntary blood test and:
a.) an individual other than the arrestee has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under the age of 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the office has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter
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Legislative updates: New driving laws
Posted by David Leon in Criminal Defense, Personal injury, auto accident, slip and fall law on 20/09/2009
SB 61 Requires children under the age of 8, or who are less than 4 foot 9 are required to be in booster seats.
HB 55 prohibits the use of a cellular telephone in an active school zone, unless the user is over 18, and using a hands free device.
HB 339 prohibits a driver under the age of 18 from using a cellular telephone while driving (either with or without a hands free device)
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What is a DWI enhancement?
Posted by David Leon in Criminal Defense on 05/07/2009
A penalty for a DWI conviction may be enlarged or enhanced under Sec. 49.09 of the Texas Penal Code. Typically, a punishment (or level of offense) is increased due to either a prior conviction for DWI, or because an emergency service worker was injured or killed as a result of a DWI.
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What happens if someone dies as a result of a DWI?
Posted by David Leon in Criminal Defense, Personal injury, auto accident, slip and fall law on 05/07/2009
There are a number of things that can occur. On the criminal side, Texas Penal Code Sec. 49.08 make such action a second degree felony. The deceased person’s personal representative can also sue the drunk driver for wrongful death and for injuries that the deceased suffered before death.
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What about flying or boating while intoxicated?
Posted by David Leon in Criminal Defense on 05/07/2009
Secs. 49.05, 49.06 and 49.065 cover flying, boating and assembling and/or operating an amusement ride while intoxicated. In most circumstances it would be a Class B misdemeanor.
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What happens if you are charged with driving while intoxicated and you have a minor in the car with you at the time?
Posted by David Leon in Criminal Defense on 05/07/2009
You would violated Texas Penal Code Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.
That statute says:
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
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What is the legal definition of “intoxicated” in Texas?
Posted by David Leon in Criminal Defense on 05/07/2009
Texas Penal Code Sec. 49.01. (2) “Intoxicated” means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;
or
(B) having an alcohol concentration of 0.08 or more.
This means that if you have a Blood Alcohol Concentration (BAC) of less than .08, but you are not in the normal use of mental or physical faculties due to alcohol, you may still be considered to be intoxicated.
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What statutes cover driving while intoxicated?
Posted by David Leon in Criminal Defense on 05/07/2009
Texas Penal Code Title 10 (Offenses against the public health, safety and morals) Chapter 49 “Intoxication and Alcoholic Beverages Offenses”
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Is it a defense if a person who is charged with online solicitation of a minor, but the person with whom he was chatting wasn’t underage, and/or the meeting never occurred?
Posted by David Leon in Criminal Defense on 05/07/2009
No. It does not matter if the person to whom the actor is chatting is underage. 33.021 (1) states:
(1) “Minor” means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.
Texas Penal Code Sec. 33.021:
(d) It is not a defense to prosecution under [TPC 33.021] Subsection (c) that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission of the offense.
(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.
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What is the “online solicitation of a minor”?
Posted by David Leon in Criminal Defense on 05/07/2009
This is covered by Texas Penal Code Sec. 33.021. The gist of the code is that if a person who is 17 or older “commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor”
The statute goes further, “A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.”
These actions are considered felonies.
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I figured out my ex-(spouse/employer/friend)’s computer password. What happens if I log into their account?
Posted by David Leon in Criminal Defense, Family Law on 05/07/2009
This conduct is covered by Sec. 33.02 of the Texas Penal Code “Breach of Computer Security.” (Depending on what happened after the breach, there may be other issues as well.)
Merely accessing the information is a Class B misdemeanor. If a harm occurs (such as a file being altered or deleted) or a benefit to the actor occurs (such as accessing financial accounts) the level of offense escalates. To calculate the offense, the State may aggregate all conduct.
For example, if Joe breaks into his ex-boss’s computer once and does nothing, it may be a misdemeanor. If Joe then breaks in three more times, and deletes files, or steals money, all four actions may be taken together to determine the appropriate level of offense.
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Is it still a crime if I use identification from a deceased person?
Posted by David Leon in Criminal Defense on 05/07/2009
Yes. Sec. 32.51 specifically references falsely using the identification credentials of a deceased person as your own.
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Is it illegal if I hire someone to do my term papers for me?
Posted by David Leon in Contract law, Criminal Defense on 05/07/2009
Sec. 32.50 of the Texas Penal Code makes this a Class C misdemeanor.
The statute says, “A person commits an offense if, with intent to make a profit, the person prepares, sells, offers or advertises for sale, or delivers to another person an academic product when the person knows, or should reasonably have known, that a person intends to submit or use the academic product to satisfy an academic requirement of a person other than the person who prepared the product.
(c) A person commits an offense if, with intent to induce another person to enter into an agreement or obligation to obtain or have prepared an academic product, the person knowingly makes or disseminates a written or oral statement that the person will prepare or cause to be prepared an academic product to be sold for use in satisfying an academic requirement of a person other than the person who prepared the product.”
The statute has a safe harbor provision for jointly prepared assignments with school employees, tutors and transcriptionists.
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I want to force someone to pay me a debt. Can I make a letter that looks like a summons, but says it’s not in order to scare them into paying me?
Posted by David Leon in Consumer & Credit, Criminal Defense on 05/07/2009
No, this is a criminal offense under the Texas Penal Code Sec. 32.48. Under subsection (c) it is NOT a defense if the document states that it is not legal process.
First offense is a misdemeanor (class A), second one is a felony (state jail).
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What are the penalties for making false statement on a mortgage application?
Posted by David Leon in Criminal Defense, Real Estate Law on 29/06/2009
The penalties under 32.32(c) are as follows:
(1) a Class C misdemeanor if the value of the property or the amount of credit is less than $50;
(2) a Class B misdemeanor if the value of the property or the amount of credit is $50 or more but less than $500;
(3) a Class A misdemeanor if the value of the property or the amount of credit is $500 or more but less than $1,500;
(4) a state jail felony if the value of the property or the amount of credit is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the property or the amount of credit is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the property or the amount of credit is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the property or the amount of credit is $200,000 or more.
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What is a pyramid scheme?
Posted by David Leon in Business law, Criminal Defense, Franchise Law on 27/06/2009
A pyramid scheme (a/k/a franchise fraud) is an investment fraud scheme in which someone is offered a distributorship or franchise to market a particular product. This involves a fee to become part of the business. The real profit is earned by the sale of new distributorships and not by the sale of the products. Typically, the scheme is sold by telling new subscribers that they can remake their original investment by selling distributorships to two or more people, and so on. Soon, the lower levels of the pyramid are unable to find more people to buy into the scheme, and the scheme collapses. (Source: FBI )
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What is a Ponzi scheme?
Posted by David Leon in Criminal Defense on 27/06/2009
A Ponzi scheme is an investment scam in which a company claims to be paying investors “profits.” However, the business is only bringing in money from getting other investors. For example, Company Z solicits investors A, B, C, who each pay in $1. The company then solicits investors D, E, and F who each pay $1. Company uses D, E, and F’s investments to note on A, B and C’s accounts that they have earned a “profit.” Company then solicits G, H and I, taking their money, and using it to show a “profit” for the accounts on D, E, and F. The cycle continues until people try to withdraw their investments, or until the company can no longer obtain fresh victims. Typically, no real investments are ever made. Another variation is that investments are made, but losses are ‘covered’ by fraudulently making income statements and covering the losses with the new investor’s money.
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What is a ‘liar loan’?
Posted by David Leon in Criminal Defense, Foreclosure, Real Estate Law on 27/06/2009
A ‘liar loan’ is a nickname for a ‘stated income’ loan. These loans were popular from 2000-2007. They were also called ‘no-doc’ and ‘non-verfied’ or ‘streamlined’ loans. Basically, with these loans, a bank or mortgage company would simply ask a borrower what his or her income was, and offer loan products based on the person’s statement of income. The banks usually did not verify the person’s ‘stated’ income. In some cases, people were overstating their income to qualify for houses they couldn’t afford. The typical hope was that the person could use a short term ARM loan or teaser loan to keep the house (and mortgage) afloat for a year or so, and then sell the house for a profit due to the rising house values. Once home values stopped rising, people’s ARMs adjusted upward, or the teaser rates ended, and the people wound up with homes they couldn’t afford. The practice of overstating income on a ‘liar loan’ is a criminal offense, per Texas Penal Code Sec. 32.32.
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I verified employment for a friend who doesn’t work for me, so he could buy his house. Should I be worried?
Posted by David Leon in Criminal Defense, Real Estate Law on 27/06/2009
Yes. This is a violation of Texas Penal Code Sec. 32.32, among other offenses. These can carry with them significant criminal responsibility. Even though you may not have signed the credit application yourself, you may have “acted in concert” with the person committing fraud. You should obtain legal counsel immediately.
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Selling a used watch in Texas
Posted by David Leon in Business law, Contract law, Criminal Defense on 25/05/2009
Yes. Title 2, Chapter 17 Subchapter C of the Texas Business and Commerce Code deals specifically with the selling of secondhand watches in the state. Not only must the watch be clearly labeled “secondhand” (17.21) but accurate records must also be maintained under Sec. 17.20. Failure to comply is a crime under Sec. 17.22.
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DTPA and going out of business
Posted by David Leon in Business law, Criminal Defense on 25/05/2009
No. Texas Business and Commerce Code Sec. 17.11 specifically prohibits this practice. Further, this behavior is a misdemeanor.
DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING.
(c) No person may wilfully misrepresent the ownership of a business for the purpose of holding a liquidation sale, auction sale, or other sale which represents that the business is going out of business. A person who advertises a liquidation sale, auction sale, or going-out-of-business sale shall state the correct name and permanent address of the owner of the business in the advertising.
(d) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $500.
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Is it a crime to send a sexually explicit unsolicited commercial email?
Posted by David Leon in Business law, Contract law, Criminal Defense, Intellectual Property, Litigation and judgments on 25/05/2009
Yes, however, Texas Business and Commerce Code Sec. 321.052(a) provides a potential “safe harbor” under Texas law. Failure to comply with 321.052(a) may lead to criminal liability under Sec. 321.101. TRANSMISSION OF MESSAGE CONTAINING OBSCENE MATERIAL OR MATERIAL DEPICTING SEXUAL CONDUCT; CRIMINAL PENALTY. (a) A person commits an offense if the person intentionally takes an action to transmit a message that contains obscene material or material depicting sexual conduct in violation of Section 321.052(a)(1).
(b) An offense under this section is a Class B misdemeanor.
Please note this is state specific, and there may be other state’s law or federal law implications as well.
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I am an appraiser. A lender asked me to appraise a property higher than normal. Is this a crime?
Posted by David Leon in Criminal Defense, Real Estate Law on 15/02/2009
Possibly. The Business & Commerce Code provides “A lender commits an offense if in connection with a mortgage loan transaction the lender pays or offers to pay a person, including an individual licensed or certified by the Texas Appraiser Licensing and Certification Board or the Texas Real Estate Commission, a fee or other consideration for appraisal services and the payment:
(1) is contingent on a minimum, maximum, or pre-agreed estimate of value of property securing the loan; and
(2) interferes with the person’s ability or obligation to provide an independent and impartial opinion of the property’s value.”
There is an exception if the lender offers legal information concerning the appraisal.
(See: Sec. 103.002 of the Texas Bus. & Commerce Code CRIMINAL PENALTY.)
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What is money laundering?
Posted by David Leon in Criminal Defense on 05/01/2009
Money laundering is the act of making money that came from an illegal source appear to have come from a legitimate source.
Money laundering in Texas is covered by chapter 34 of the Texas Penal Code. Put simply, handling (or supervising the handling of) money derived from (or used to further) illegal activity. It is not a defense if the person charged with handling the money doesn’t know of the exact nature of how the funds were obtained, just that such funds were used in or profits from an illegal act.
The penalties can be severe, and may include substantial jail time.
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I think I may have a warrant. Is there an online source to check for warrants?
Posted by David Leon in Criminal Defense on 29/12/2008
Yes, the Collin County Sheriff’s office has a list of warrants online, which is available here. Dallas County has warrant searches online available here. If you believe you have a warrant, then you should also call each county’s department to double check, as the online forms may not be up to date.
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What is hindering a secured creditor?
Posted by David Leon in Criminal Defense, Real Estate Law on 21/12/2008
Section 32.33 of the Texas Penal Code covers Hindering a Secured Creditor. Section (b) of the code states, “A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property.” This can also involve moving the property out of state to avoid having a creditor repossess it (see Section 32.33(1)).
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Is it a crime to overstate your income on a mortgage application?
Posted by David Leon in Criminal Defense, Real Estate Law on 21/12/2008
Yes. Chapter 32 of the Texas Penal Code deals with Fraud. Specifically, Section 32.32 (b) of the Texas Penal Code (FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT) states “A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.” You need to be very careful when completing credit applications to ensure every state that you make is as accurate as possible. The penalties can be very severe, and may include substantial jail time.
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