San Antonio White Collar Crime Lawyer

White-collar crime is a broad label for financial and deception offenses, and a person who learns of an investigation or an indictment often faces both state and federal exposure at the same time. This page explains how Texas defines these offenses, when a matter can move to federal court, how cases proceed in Bexar County and in San Antonio’s federal court, and how Forrest Good PLLC approached the defense of a person charged with one of these accusations.

What white-collar crime means in Texas

The phrase “white-collar crime” does not name a single statute. It is a category that gathers together financial and deception offenses such as fraud, embezzlement, forgery, identity theft, money laundering, and securities matters.¹ In the Texas Penal Code, most of these accusations live in Title 7, which addresses offenses against property, and in particular Chapter 32, titled “Fraud.”¹

A feature that ties many of these offenses together is that the level of the charge commonly scales with the dollar amount involved. The Texas theft statute sets out a value ladder that runs from a Class C misdemeanor for the smallest amounts up to a first degree felony when the value reaches three hundred thousand dollars or more, and several fraud offenses borrow that same structure.² Because the amount alleged can move a case from a misdemeanor to a serious felony, the way loss is calculated is often a central question in a white-collar matter.²

Most of these offenses also share a common element: a culpable mental state. A person generally must act intentionally, knowingly, or, for some offenses, recklessly, and the accusation is not complete unless that mental state is proven.⁵ That requirement matters a great deal to the defense, and it is discussed further below.

Common white-collar offenses and how Texas classifies them

The offenses below are among the most frequently charged white-collar accusations in Texas. Each is governed by a specific Penal Code section, and most carry an offense level that rises with the value involved or with the type of document or property at issue.

Offense type	Governing Texas statute	How the level scales
Theft and embezzlement	Tex. Penal Code § 31.03 (Theft)	A value ladder running from a Class C misdemeanor for amounts under one hundred dollars up to a first degree felony at three hundred thousand dollars or more.2 Embezzlement is not a separate crime in Texas; it is consolidated into the single offense of theft.3
Forgery	Tex. Penal Code § 32.21 (Forgery)	A Class A misdemeanor as a baseline, rising to a state jail felony for instruments such as a check, deed, mortgage, credit card, or commercial instrument, and to a third degree felony for government records, currency, or securities, with value tiers that also apply.4
Credit card or debit card abuse	Tex. Penal Code § 32.31 (Credit Card or Debit Card Abuse)	A state jail felony in general, rising to a third degree felony when the offense is shown to have been committed against an elderly individual.6
Misapplication of fiduciary property	Tex. Penal Code § 32.45 (Misapplication of Fiduciary Property or Property of a Financial Institution)	A value ladder from a Class C misdemeanor up to a first degree felony at three hundred thousand dollars or more, increased to the next higher category when committed against an elderly individual.7
Securing execution of a document by deception	Tex. Penal Code § 32.46 (Securing Execution of Document by Deception)	A value ladder mirroring the theft thresholds, from a Class C misdemeanor up to a first degree felony at three hundred thousand dollars or more.8
Money laundering	Tex. Penal Code § 34.02 (Money Laundering)	A felony at every level, from a state jail felony for amounts of two thousand five hundred dollars or more up to a first degree felony at three hundred thousand dollars or more.9

Identity theft is also commonly grouped within this category and is charged in Texas as fraudulent use or possession of identifying information, with the level scaling by the number of items of identifying information involved.¹ Across these offenses, the felony classifications in Texas carry the punishment ranges set by the Penal Code, from a state jail felony at the lower end to a first degree felony punishable by five years to ninety-nine years or life and a fine of up to ten thousand dollars at the upper end.¹⁰

When a white-collar case becomes federal

Many white-collar matters can be charged in federal court rather than, or in addition to, state court. The federal government often pursues these cases under Title 18 of the United States Code. Mail fraud is addressed at 18 U.S.C. § 1341, titled “Frauds and swindles,” and carries a sentence of up to twenty years, increased to up to thirty years when the offense affects a financial institution.¹¹ Wire fraud, at 18 U.S.C. § 1343, titled “Fraud by wire, radio, or television,” carries the same maximum terms of up to twenty years in general and up to thirty years when a financial institution is affected.¹² Bank fraud, at 18 U.S.C. § 1344, carries a sentence of up to thirty years and a fine of up to one million dollars.¹³

Whether a case is filed in state or federal court depends on factors such as the use of interstate wires or the mail, the involvement of a federally insured financial institution, and the decisions of the prosecuting authorities. For a person in San Antonio, a federal white-collar case proceeds in the United States District Court for the Western District of Texas, San Antonio Division.¹⁴ That division sits in San Antonio and covers Bexar County along with surrounding counties.¹⁴

How white-collar cases move through Bexar County and federal courts

State felony cases in Bexar County

Felony accusations in Bexar County are heard in the Criminal District Courts. The Texas Legislature has authorized ten Criminal District Courts for the county, and those courts have original jurisdiction over felony criminal matters.¹⁵ A felony case typically begins with an arrest or with the filing of a case, after which prosecutors review the matter and present it to a Bexar County grand jury.¹⁶ If the grand jury finds probable cause, it returns a “true bill” of indictment, and if it does not, it returns a “no bill” and no prosecution follows.¹⁶ After indictment, the case moves through first settings, pretrial proceedings, and, if the matter is not otherwise resolved, trial.¹⁵

Federal cases in the Western District of Texas

A federal white-collar case in San Antonio is filed in the Western District of Texas, San Antonio Division, and proceeds under federal procedure.¹⁴ Federal felony charges are typically presented to a federal grand jury for indictment, followed by an initial appearance, arraignment, pretrial motions, and trial if the case is not resolved beforehand.¹¹ Federal sentencing is guided by the United States Sentencing Guidelines, under which the loss amount and other factors influence the advisory range, which is one reason the calculation of loss is so significant in a federal matter.¹¹

Defense considerations in a white-collar case

White-collar accusations turn heavily on what a person knew and intended, which means the defense often focuses on the required mental state rather than on whether a transaction occurred. Several considerations recur in these matters.

Intent and knowledge

Texas fraud offenses generally require that a person act intentionally, knowingly, or, for certain offenses such as misapplication of fiduciary property, recklessly.⁷ If the State cannot prove the required mental state beyond a reasonable doubt, an essential element of the accusation is missing.⁵ Federal fraud statutes likewise require a scheme to defraud carried out with intent, so the question of intent is central in federal cases as well.¹²

Good faith and lack of intent

Because intent is an element, evidence that a person acted in good faith, relied on professional advice, or made an honest mistake can bear directly on whether the accusation is established.⁵ A transaction that later proved to be a loss is not, by itself, a crime; the accusation depends on the state of mind behind it.²

Document and forensic-accounting review

White-collar matters tend to involve large volumes of records, including bank statements, contracts, emails, and accounting files. A careful review of those documents, often with the help of a forensic accountant, can test how the alleged loss was calculated and whether the dollar figure that drives the offense level is accurate.² Because the value alleged can change the level of the charge, an accurate loss figure is often a contested issue.⁹

Suppression and lawful process

Records in these cases are frequently gathered through search warrants, subpoenas, and seizures. Where evidence was obtained in a manner that did not follow the applicable rules, a motion to suppress may be appropriate.¹⁵ Forrest Good PLLC reviewed how evidence was obtained as part of preparing a defense, and nothing on this page is a promise or prediction about the outcome of any case.

Collateral consequences of a white-collar conviction

A conviction for a white-collar offense can reach well beyond a sentence of confinement or a fine. Many of these offenses are felonies, and the felony punishment ranges in Texas include incarceration and substantial fines.¹⁰ A federal conviction can add a term of supervised release that follows any period of imprisonment.¹¹

Beyond the sentence itself, a white-collar conviction can affect a person’s ability to hold or renew a professional or occupational license, because Texas law allows a licensing authority to consider a criminal conviction that relates to the duties of the licensed occupation.¹ Courts in both state and federal cases may also order restitution to a person who suffered a financial loss, which can represent a significant obligation separate from any fine.¹³ Because consequences of this kind depend on the specific charge and the person’s circumstances, they are best evaluated case by case.

What to do if you are under investigation or charged in San Antonio

White-collar investigations often unfold quietly, sometimes long before any charge is filed. A person may first learn of a matter through a subpoena, a request for records, a letter from an agency, or contact from an investigator. Because the required mental state and the documentary record are so central, the steps a person takes early can matter throughout the case.

A person who believes a white-collar accusation may be developing can preserve relevant records and avoid altering or discarding any documents, since the handling of records can itself become an issue. Speaking with counsel before responding to investigators or producing materials allows the scope of any request to be understood first. Forrest Good practiced criminal defense in San Antonio, and Forrest Good PLLC represented people facing white-collar accusations in Bexar County and in the federal courts that serve the area. This page is general information about Texas and federal law and is not legal advice for any particular situation.

Frequently asked questions

Is embezzlement a separate crime in Texas?

No. Texas does not have a standalone embezzlement statute. Embezzlement is consolidated into the single offense of theft under the Penal Code, so conduct that older law called embezzlement is prosecuted as theft, with the offense level set by the value involved.

What makes a white-collar case a felony rather than a misdemeanor?

For many white-collar offenses, the level depends on the dollar amount involved. The theft value ladder, which several fraud offenses follow, becomes a felony at two thousand five hundred dollars and rises to a first degree felony at three hundred thousand dollars or more. Some offenses, such as money laundering, are felonies at every level.

When can a white-collar matter be charged in federal court?

A matter can be charged federally when it involves conduct that federal statutes reach, such as the use of the mail or interstate wires in a scheme to defraud, or a scheme aimed at a financial institution. These accusations are charged under statutes including mail fraud, wire fraud, and bank fraud in Title 18 of the United States Code.

Which court hears a federal white-collar case in San Antonio?

A federal white-collar case arising in San Antonio is heard in the United States District Court for the Western District of Texas, San Antonio Division, which covers Bexar County and surrounding counties.

Does a financial loss automatically mean a crime occurred?

No. White-collar offenses generally require a culpable mental state such as intent or knowledge. A transaction that resulted in a loss is not a crime unless the State or the federal government proves the required mental state beyond a reasonable doubt.

Should a person respond to investigators before speaking with a lawyer?

Speaking with a criminal-defense attorney before responding to investigators or producing records allows the request to be understood first, because how records are handled and what is said can affect the matter.

Related on this site

References

1. Texas Penal Code, Title 7, Chapter 32 (Fraud), Texas Constitution and Statutes, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm. White-collar offenses as a category of fraud and deception crimes, and Tex. Occ. Code consideration of convictions related to a licensed occupation.
2. Tex. Penal Code § 31.03 (Theft), value ladder of offense levels, Texas Penal Code (txpenalcode.com), https://txpenalcode.com/sec-31-03/.
3. Tex. Penal Code § 31.02 (Consolidation of Theft Offenses), consolidation of embezzlement into theft, Justia, https://law.justia.com/codes/texas/penal-code/title-7/chapter-31/section-31-02/.
4. Tex. Penal Code § 32.21 (Forgery), offense levels for commercial instruments, government records, and value tiers, Texas Penal Code (txpenalcode.com), https://txpenalcode.com/sec-32-21/.
5. Tex. Penal Code § 6.02 (Requirement of Culpability) and § 6.03 (Definitions of Culpable Mental States), Texas Constitution and Statutes, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm.
6. Tex. Penal Code § 32.31 (Credit Card or Debit Card Abuse), state jail felony with third degree enhancement for an elderly individual, Texas Penal Code (txpenalcode.com), https://txpenalcode.com/sec-32-31/.
7. Tex. Penal Code § 32.45 (Misapplication of Fiduciary Property or Property of Financial Institution), culpable mental state and value ladder, FindLaw, https://codes.findlaw.com/tx/penal-code/penal-sect-32-45/.
8. Tex. Penal Code § 32.46 (Securing Execution of Document by Deception), value ladder of offense levels, Texas Penal Code (txpenalcode.com), https://txpenalcode.com/sec-32-46/.
9. Tex. Penal Code § 34.02 (Money Laundering), felony levels by value of funds, Texas Penal Code (txpenalcode.com), https://txpenalcode.com/sec-34-02/.
10. Tex. Penal Code §§ 12.32 through 12.35 (felony punishment ranges, first degree through state jail felony), Texas Constitution and Statutes, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm.
11. 18 U.S.C. § 1341 (Frauds and swindles / mail fraud), maximum terms of twenty years and thirty years affecting a financial institution, Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/uscode/text/18/1341.
12. 18 U.S.C. § 1343 (Fraud by wire, radio, or television), maximum terms of twenty years and thirty years affecting a financial institution, Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/uscode/text/18/1343.
13. 18 U.S.C. § 1344 (Bank fraud), maximum term of thirty years and fine of up to one million dollars, Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/uscode/text/18/1344.
14. United States District Court for the Western District of Texas, San Antonio Division, official court website, https://www.txwd.uscourts.gov/.
15. Criminal District Courts, Bexar County, Texas, official website (felony jurisdiction and ten Criminal District Courts), https://www.bexar.org/1902/Criminal-District-Courts.
16. Grand Jury and Intake Division, Bexar County, Texas, official website (grand jury, true bill and no bill), https://www.bexar.org/1764/Grand-Jury-and-Intake-Division.