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	<title>Dallas, Texas Defense Attorney Blog</title>
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	<link>http://www.arnoldlegal.com/blog</link>
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	<pubDate>Fri, 19 Jun 2009 14:21:50 +0000</pubDate>
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		<title>Charged with &#8220;Online Solicitation of a Minor For Sexual Purposes&#8221; in Texas : Know the Laws</title>
		<link>http://www.arnoldlegal.com/blog/charged-with-online-solicitation-of-a-minor-in-texas</link>
		<comments>http://www.arnoldlegal.com/blog/charged-with-online-solicitation-of-a-minor-in-texas#comments</comments>
		<pubDate>Fri, 19 Jun 2009 12:33:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Violence Charges]]></category>

		<category><![CDATA[internet]]></category>

		<category><![CDATA[minors]]></category>

		<category><![CDATA[online]]></category>

		<category><![CDATA[solicitation]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=8</guid>
		<description><![CDATA[On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form [...]]]></description>
			<content:encoded><![CDATA[<p>On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.</p>
<p>The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.</p>
<p>Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication<br />
may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor. </p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/Sex_Crimes_Attorney.htm">charges of Online Solicitation of a Minor For Sexual Purposes in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas defense attorney</a>. If not, keep reading. </p>
<p>Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021: <span id="more-8"></span></p>
<p>ONLINE SOLICITATION OF A MINOR (Texas Penal Code 33.021)<br />
(a) In this section:<br />
(1)&#8221;Minor&#8221; means:<br />
(A) an individual who represents himself or herself to be younger than 17 years of age; or<br />
(B) an individual whom the actor believes to be younger than 17 years of age.<br />
(2) &#8220;Sexual contact,&#8221; &#8220;sexual intercourse,&#8221; and &#8220;deviate sexual intercourse&#8221; have the meanings assigned by Section 21.01.<br />
(3) &#8220;Sexually explicit&#8221; means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.<br />
(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:</p>
<p>(1) communicates in a sexually explicit manner with a minor; or<br />
(2) distributes sexually explicit material to a minor.<br />
(c) A person commits an offense if the person, over the Internet or by electronic mail or 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.</p>
<p>DEFENSES TO AN ON-LINE SOLICITATION CHARGE<br />
The following are defenses to the On-Line Solicitation of a Minor per Section 33.021 of the Texas Penal Code, and are contained in paragraph (e) of this statute:</p>
<p>(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:<br />
(1) the actor was married to the minor; or<br />
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.</p>
<p>The following are not defenses to this state statute of on-line solicitation, as per the statute itself, Section 33.021. This portion of the statute actually prevents a person from claiming that he was not serious about the content of the communication with the minor:<br />
(d) It is not a defense to prosecution under Subsection (c) that:<br />
(1) the meeting did not occur;<br />
(2) the actor did not intend for the meeting to occur; or<br />
(3) the actor was engaged in a fantasy at the time of commission of the offense.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/Sex_Crimes_Attorney.htm">charges of Online Solicitation of a Minor For Sexual Purposes in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas defense attorney</a>. </p>
<p><strong>Related Posts</strong><br />
<a href="http://www.arnoldlegal.com/blog/possession-of-child-pornography-charges-what-does-the-law-say">Possession of Child Pornography Charges - What does the Law Say?</a><br />
<a href="http://www.arnoldlegal.com/blog/charged-with-online-solicitation-of-a-minor-in-texas">Charged with “Online Solicitation of a Minor For Sexual Purposes” in Texas : Know the Laws</a></p>
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		<item>
		<title>Five Types of Bank Fraud</title>
		<link>http://www.arnoldlegal.com/blog/five-types-of-bank-fraud</link>
		<comments>http://www.arnoldlegal.com/blog/five-types-of-bank-fraud#comments</comments>
		<pubDate>Mon, 01 Jun 2009 13:12:25 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[White Collar]]></category>

		<category><![CDATA[bank fraud]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=19</guid>
		<description><![CDATA[Violations of law at a bank or by using accounts of a financial institution are commonly prosecuted in federal court as &#8220;bank fraud&#8221;.
The United States Attorney’s Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by [...]]]></description>
			<content:encoded><![CDATA[<p>Violations of law at a bank or by using accounts of a financial institution are commonly prosecuted in federal court as &#8220;bank fraud&#8221;.</p>
<p>The United States Attorney’s Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor’s office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.</p>
<p>The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney’s Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:</p>
<p>BANK FRAUD</p>
<p>Whoever knowingly executes, or attempts to execute, a scheme or artifice—</p>
<p>1) to defraud a financial institution; or  <span id="more-19"></span></p>
<p>2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises;</p>
<p>shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.</p>
<p>FALSE STATEMENTS</p>
<p>The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution.</p>
<p>Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. §1014 reads as follows (in summary):</p>
<p>False Statements to a Financial Institution –</p>
<p>Whoever knowingly</p>
<p>1) Makes a false statement, or overvalues any property</p>
<p>2) For the purpose of influencing an anyway</p>
<p>3) The action of a financial institution</p>
<p>shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.</p>
<p><strong>Related Posts</strong><br />
<a href="http://www.arnoldlegal.com/blog/money-laundering-laws-in-federal-court-texas">Money Laundering Laws in Federal Court &#038; Texas</a><br />
<a href="http://www.arnoldlegal.com/blog/what-are-bank-fraud-charges-learn-five-types-of-bank-fraud">What are Bank Fraud Charges? Learn Five Types of Bank Fraud</a><br />
<a href="http://www.arnoldlegal.com/blog/federal-wire-fraud-mail-fraud-charges-what-each-constitute">Federal Wire Fraud &#038; Mail Fraud Charges - What Each Constitute</a><br />
<a href="http://www.arnoldlegal.com/blog/securities-sec-enforcement-investigation-facts">Securities (SEC) Enforcement Investigation Facts</a><br />
<a href="http://www.arnoldlegal.com/blog/five-types-of-bank-fraud">Five Types of Bank Fraud</a></p>
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		<title>Possession of Child Pornography Charges - What does the Law Say?</title>
		<link>http://www.arnoldlegal.com/blog/possession-of-child-pornography-charges-what-does-the-law-say</link>
		<comments>http://www.arnoldlegal.com/blog/possession-of-child-pornography-charges-what-does-the-law-say#comments</comments>
		<pubDate>Fri, 01 May 2009 13:01:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Possession]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=17</guid>
		<description><![CDATA[Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage [...]]]></description>
			<content:encoded><![CDATA[<p>Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage persons (children) for a legitimate prosecution.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/Sex_Crimes_Attorney.htm">charges of possession of child pornography in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas defense attorney</a>. If not, keep reading.</p>
<p>Practical problems some people encounter are learning of pornographic images that were loaded onto their sites without their knowledge, or certain images that were transferred without intent to distribute. These situations, in both pre-Indictment and post-Indictment stages, require the use of expert computer forensic services to establish facts that may not be known to investigators.</p>
<p>Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against possession of child pornography and distributing the same. Prosecutions under federal criminal laws can result in harsh sentences due to the existence of the United States Sentencing Guidelines (U.S.S.G.). The U.S.S.G. is a point system that is driven by the number of images that are the subject of the prosecution, as well as other related enhancements. Such enhancements could include the nature of the images and whether these were shared or distributed. <span id="more-17"></span></p>
<p>Title 18, United States Code, Section 2252 and 2252A, set forth the federal crimes regarding possession and/or trafficking of child pornography. Title 18, U.S.C. 2252A reads as follows:</p>
<p>Federal Statutes in the United States Code:)</p>
<p>(a) Any person who</p>
<p>(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;</p>
<p>(2) knowingly receives or distributes</p>
<p>(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or</p>
<p>(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;</p>
<p>(3) knowingly</p>
<p>(A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or</p>
<p>(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains</p>
<p>(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or</p>
<p>(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;</p>
<p>(4) either</p>
<p>(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or</p>
<p>(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;</p>
<p>(5) either</p>
<p>(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or</p>
<p>(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or</p>
<p>(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct</p>
<p>(A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;</p>
<p>(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or</p>
<p>(C) which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,</p>
<p>for purposes of inducing or persuading a minor to participate in any activity that is illegal.[1]<br />
shall be punished as provided in subsection (b).</p>
<p>(b)<br />
(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.</p>
<p>(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.</p>
<p>(c) It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that<br />
(1)</p>
<p>(A) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and</p>
<p>(B) each such person was an adult at the time the material was produced; or</p>
<p>(2) the alleged child pornography was not produced using any actual minor or minors.<br />
No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256 (8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 10 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.</p>
<p>(d) Affirmative Defense. It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant</p>
<p>(1) possessed less than three images of child pornography; and</p>
<p>(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof</p>
<p>(A) took reasonable steps to destroy each such image; or</p>
<p>(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.</p>
<p>(e) Admissibility of Evidence. On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.</p>
<p>(f) Civil Remedies.</p>
<p>(1) In general. Any person aggrieved by reason of the conduct prohibited under subsection (a) or<br />
(b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).</p>
<p>(2) Relief. In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including</p>
<p>(A) temporary, preliminary, or permanent injunctive relief;</p>
<p>(B) compensatory and punitive damages; and</p>
<p>(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.</p>
<p>TEXAS STATUTES CHILD PORNOGRAPHY</p>
<p>The following are the state criminal laws against possession or distribution of child pornography, as stated in the Texas Penal Code. Note that under state law in Texas, the prohibitions include images of a child younger than eighteen (18) years of age. The following statutes are from Chapter 43, Texas Penal Code, specifically Section 43.26, Possession or Promotion of Child Pornography:</p>
<p>43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.</p>
<p>(a) A person commits an offense if:</p>
<p>(1) the person knowingly or intentionally possesses<br />
visual material that visually depicts a child younger than 18 years<br />
of age at the time the image of the child was made who is engaging in<br />
sexual conduct; and</p>
<p>(2) the person knows that the material depicts the<br />
child as described by Subdivision (1).</p>
<p>(b) In this section:</p>
<p>(1) &#8220;Promote&#8221; has the meaning assigned by Section<br />
43.25.</p>
<p>(2) &#8220;Sexual conduct&#8221; has the meaning assigned by<br />
Section 43.25.</p>
<p>(3) &#8220;Visual material&#8221; means:</p>
<p>(A) any film, photograph, videotape, negative,<br />
or slide or any photographic reproduction that contains or<br />
incorporates in any manner any film, photograph, videotape,<br />
negative, or slide; or</p>
<p>(B) any disk, diskette, or other physical medium<br />
that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.</p>
<p>(c) The affirmative defenses provided by Section 43.25(f)<br />
also apply to a prosecution under this section.</p>
<p>(d) An offense under Subsection (a) is a felony of the third<br />
degree.</p>
<p>(e) A person commits an offense if:</p>
<p>(1) the person knowingly or intentionally promotes or<br />
possesses with intent to promote material described by Subsection<br />
(a)(1); and</p>
<p>(2) the person knows that the material depicts the<br />
child as described by Subsection (a)(1).</p>
<p>(f) A person who possesses visual material that contains six<br />
or more identical visual depictions of a child as described by<br />
Subsection (a)(1) is presumed to possess the material with the<br />
intent to promote the material.</p>
<p>(g) An offense under Subsection (e) is a felony of the second degree.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/Sex_Crimes_Attorney.htm">charges of possession of child pornography in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas defense attorney</a>.</p>
<p><strong>Related Posts</strong><br />
<a href="http://www.arnoldlegal.com/blog/possession-of-child-pornography-charges-what-does-the-law-say">Possession of Child Pornography Charges - What does the Law Say?</a><br />
<a href="http://www.arnoldlegal.com/blog/charged-with-online-solicitation-of-a-minor-in-texas">Charged with “Online Solicitation of a Minor For Sexual Purposes” in Texas : Know the Laws</a></p>
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		<title>Securities (SEC) Enforcement Investigation Facts</title>
		<link>http://www.arnoldlegal.com/blog/securities-sec-enforcement-investigation-facts</link>
		<comments>http://www.arnoldlegal.com/blog/securities-sec-enforcement-investigation-facts#comments</comments>
		<pubDate>Sat, 25 Apr 2009 18:00:03 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[White Collar]]></category>

		<category><![CDATA[enforcement]]></category>

		<category><![CDATA[sec]]></category>

		<category><![CDATA[securities]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=15</guid>
		<description><![CDATA[For lawyers, every case brings its own unique and complicated facets to the courtroom. However, there are a certain number of set precedents to know when your client is under investigation for criminal fraud and related securities enforcement.
1. Federal criminal investigations are conducted by the U.S. Attorney&#8217;s Office and the grand jury, and may or [...]]]></description>
			<content:encoded><![CDATA[<p>For lawyers, every case brings its own unique and complicated facets to the courtroom. However, there are a certain number of set precedents to know when your client is under investigation for criminal fraud and related securities enforcement.</p>
<p>1. Federal criminal investigations are conducted by the U.S. Attorney&#8217;s Office and the grand jury, and may or may not occur simultaneously with an SEC investigation.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/White_collar_Attorney.htm">charges of securities fraud in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas securities fraud defense attorney</a>. If not, keep reading. </p>
<p>2. As in a criminal case, generally, your client can assert the Fifth Amendment privilege against self-incrimination as to his/her statements in an SEC investigation or litigation. This may not be true with regard to responses to SEC discovery requests. Learn 10 more. <span id="more-15"></span></p>
<p>3. Securities and Exchange Commission (&#8221;SEC&#8221;) investigations are civil enforcement actions and may result in a civil Complaint being filed in federal court.</p>
<p>4. Although SEC suits are enforcement actions, they are civil in nature and usually seek injunctive relief, disgorgement of ill-gotten gains, and civil money penalties.</p>
<p>5. Evidence obtained during an SEC investigation or litigation may be used in a criminal prosecution.</p>
<p>6. Statements made by a person during an SEC investigation or during litigation with the SEC may be utilized by the U.S. Attorney&#8217;s Office for a criminal prosecution.</p>
<p>7. An SEC investigation does not automatically lead to a criminal, grand jury investigation.</p>
<p>8. You have an opportunity during the SEC&#8217;s investigation to present reasons why your client should not be sued by the SEC.</p>
<p>9. An SEC investigation may also result in proceedings instituted administratively, which are heard before the SEC&#8217;s administrative law judges.</p>
<p>10. In its administrative proceedings, the SEC sometimes seeks an order barring a client from working in the securities industry, e.g. broker-dealers, stock promoters, or other clients, who have participated in an alleged scheme to defraud or to manipulate stock prices.</p>
<p>11. The SEC can seek to bar company officers and members of boards of directors from serving in such capacity when filing suit against them based upon a fraudulent scheme or scheme to manipulate stock pricing. </p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/White_collar_Attorney.htm">charges of securities fraud in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas securities fraud defense attorney</a>. </p>
<p><strong>Related Posts</strong><br />
<a href="http://www.arnoldlegal.com/blog/money-laundering-laws-in-federal-court-texas">Money Laundering Laws in Federal Court &#038; Texas</a><br />
<a href="http://www.arnoldlegal.com/blog/what-are-bank-fraud-charges-learn-five-types-of-bank-fraud">What are Bank Fraud Charges? Learn Five Types of Bank Fraud</a><br />
<a href="http://www.arnoldlegal.com/blog/federal-wire-fraud-mail-fraud-charges-what-each-constitute">Federal Wire Fraud &#038; Mail Fraud Charges - What Each Constitute</a><br />
<a href="http://www.arnoldlegal.com/blog/securities-sec-enforcement-investigation-facts">Securities (SEC) Enforcement Investigation Facts</a></p>
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		<title>Federal Wire Fraud &amp; Mail Fraud Charges - What Each Constitute</title>
		<link>http://www.arnoldlegal.com/blog/federal-wire-fraud-mail-fraud-charges-what-each-constitute</link>
		<comments>http://www.arnoldlegal.com/blog/federal-wire-fraud-mail-fraud-charges-what-each-constitute#comments</comments>
		<pubDate>Tue, 10 Mar 2009 16:00:32 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[White Collar]]></category>

		<category><![CDATA[charges]]></category>

		<category><![CDATA[dallas]]></category>

		<category><![CDATA[mail fraud]]></category>

		<category><![CDATA[texas]]></category>

		<category><![CDATA[wire fraud]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=12</guid>
		<description><![CDATA[Fraudulent misrepresentations and schemes to defraud which use the United States mail to further that fraudulent conduct, can be prosecuted as mail fraud. Also, another commonly used federal law to prosecute misrepresentations and frauds is the statute known as &#8220;wire fraud.&#8221;
The United States Attorney Office will seek an Indictment (a charging document formally charging the [...]]]></description>
			<content:encoded><![CDATA[<p>Fraudulent misrepresentations and schemes to defraud which use the United States mail to further that fraudulent conduct, can be prosecuted as mail fraud. Also, another commonly used federal law to prosecute misrepresentations and frauds is the statute known as &#8220;wire fraud.&#8221;</p>
<p>The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for mail fraud when the prosecution believes it has evidence of any fraud scheme that uses the mail systems to make that fraud scheme function.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/White_collar_Attorney.htm">charges of wire fraud in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas wire fraud defense attorney</a>. If not, keep reading.</p>
<p>There is no specific requirement for the type of fraudulent scheme that has to be alleged by the U.S. Attorney Office, only that there is some kind of fraud or misrepresentation wherein the U.S. mails or commercial carriers are used to mail an item related to the scheme, such as a check, a contract, an application for credit, property valuations, etc. Originally, the mail fraud statute required some type of use of the U.S. mail; now, the statute requires the use of either the U.S. mail or any mail carrier in an attempt to carry out the fraud. <span id="more-12"></span></p>
<p>The United States Attorney Office will also seek an Indictment alleging wire fraud when it believes that the evidence will support any type of scheme to defraud that uses interstate wire communications further the fraud scheme. Wire communications utilized by persons who were engaged in a scheme to defraud are often the following: wire transfers of monies to or from a financial institution; electronic mail (e-mail) communications; facsimile (FAX) transmissions; and radio or television communications.</p>
<p>The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1341, is titled Frauds and Swindles, and it is commonly referred to as the mail fraud statute. Title 18, U.S. Code, Section 1341 reads as follows (in summary)&#8230;<br />
MAIL FRAUD</p>
<p>Whoever<br />
1) having devised, or intending to devise any scheme or artifice to defraud,<br />
or<br />
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan<br />
3) something of value or some item and<br />
4) places in any post office or authorized depository for mail matter<br />
5) any item to be delivered by interstate carrier<br />
shall be fined or imprisoned for not more than 20 years, or both.</p>
<p>WIRE FRAUD<br />
The violation of wire fraud is also a commonly used criminal law used to prosecute people for committing fraud while using wire communications that travel interstate or internationally.</p>
<p>Under Title 18, United States Code, Section 1014, it is a federal crime to commit fraud using a wire communication that travels in interstate or foreign commerce. 18 U.S.C. 1343 reads as follows</p>
<p>Fraud by Wire, Radio or Television (Wire Fraud) -<br />
Whoever<br />
1) having devised, or intending to devise any scheme or artifice to defraud, or<br />
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises<br />
3) transmits, or causes to be transmitted, by wire, radio or television communication in interstate or foreign commerce,<br />
4) any writings, signs, signals, pictures, or sounds<br />
5) for the purpose of executing the scheme or artifice<br />
shall be or imprisoned for more than 20 years, or both.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/White_collar_Attorney.htm">charges of wire fraud in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas wire fraud defense attorney</a>.<br />
<strong>Related Posts</strong><br />
&lt;a href=&#8221;http://www.arnoldlegal.com/blog/money-laundering-laws-in-federal-court-texas&#8221;&gt;Money Laundering Laws in Federal Court &amp; Texas&lt;/a&gt;<br />
&lt;a href=&#8221;http://www.arnoldlegal.com/blog/what-are-bank-fraud-charges-learn-five-types-of-bank-fraud&#8221;&gt;What are Bank Fraud Charges? Learn Five Types of Bank Fraud&lt;/a&gt;<br />
&lt;a href=&#8221;http://www.arnoldlegal.com/blog/federal-wire-fraud-mail-fraud-charges-what-each-constitute&#8221;&gt;<br />
Federal Wire Fraud &amp; Mail Fraud Charges - What Each Constitute&lt;/a&gt;<br />
&lt;a href=&#8221;http://www.arnoldlegal.com/blog/securities-sec-enforcement-investigation-facts&#8221;&gt;Securities (SEC) Enforcement Investigation Facts&lt;/a&gt;</p>
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		<title>Money Laundering Laws in Federal Court &amp; Texas</title>
		<link>http://www.arnoldlegal.com/blog/money-laundering-laws-in-federal-court-texas</link>
		<comments>http://www.arnoldlegal.com/blog/money-laundering-laws-in-federal-court-texas#comments</comments>
		<pubDate>Sun, 25 Jan 2009 17:00:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[White Collar]]></category>

		<category><![CDATA[money laundering]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=6</guid>
		<description><![CDATA[&#8220;Money laundering&#8221; as it is commonly called, involves the transfer of monies that are a product of criminal activity - whether that activity is drug trafficking related or white collar crime related. Although there is a fairly broad definition of money laundering, the federal money laundering laws were enacted to attempt to take the profit [...]]]></description>
			<content:encoded><![CDATA[<p>&#8220;Money laundering&#8221; as it is commonly called, involves the transfer of monies that are a product of criminal activity - whether that activity is drug trafficking related or white collar crime related. Although there is a fairly broad definition of money laundering, the federal money laundering laws were enacted to attempt to take the profit out of criminal activity.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/White_collar_Attorney.htm">charges of money laundering in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas money laundering defense attorney</a>. If not, continue reading.</p>
<p>Congress has passed several laws over the years to prevent profits of criminal activity from being utilized, such as Currency Transaction Reports. The Anti-Money Laundering Statutes criminalizes the movement and use of profits/wealth created by criminal activity. See Title 18, United States Code, Sections 1956 and 1957.</p>
<p>Many people have concerns about these statutes, included the apparently broad application of these statutes, especially concerns about reaching 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.</p>
<p>In summary, the government has to prove that a person knowingly made some transfer or transaction with monies that were proceeds of a specified unlawful activity. The two commonly used statutes in federal courts, 18, U.S.C., Sections 1956 and 1957, list the specified unlawful activities that are the basis for federal money laundering. Learn all the statues. <span id="more-6"></span></p>
<p>Key Aspects of the Money Laundering law num. 1956. Laundering of Monetary Instruments include:<br />
(a)<br />
(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activities:<br />
(A)<br />
(i) with the intent to promote the carrying on of specified unlawful activity; or<br />
(ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or<br />
(B) knowing that the transaction is designed in whole or in part:<br />
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or<br />
(ii) to avoid a transaction reporting requirement under State or Federal law,<br />
shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.<br />
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States.</p>
<p>If you or a loved one is facing <a href="http://arnoldlegal.com/White_collar_Attorney.htm">charges of money laundering in Texas</a>, <a href="http://arnoldlegal.com/Contact.html">contact</a> Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas money laundering defense attorney</a>.<br />
<strong></strong></p>
<p><strong>Related Posts</strong></p>
<p><a href="http://www.arnoldlegal.com/blog/money-laundering-laws-in-federal-court-texas">Money Laundering Laws in Federal Court &amp; Texas</a><br />
<a href="http://www.arnoldlegal.com/blog/what-are-bank-fraud-charges-learn-five-types-of-bank-fraud">What are Bank Fraud Charges? Learn Five Types of Bank Fraud</a><br />
<a href="http://www.arnoldlegal.com/blog/federal-wire-fraud-mail-fraud-charges-what-each-constitute">Federal Wire Fraud &amp; Mail Fraud Charges - What Each Constitute</a><br />
<a href="http://www.arnoldlegal.com/blog/securities-sec-enforcement-investigation-facts">Securities (SEC) Enforcement Investigation Facts</a></p>
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		<title>Texas Felons with Firearms?</title>
		<link>http://www.arnoldlegal.com/blog/felons-with-firearms</link>
		<comments>http://www.arnoldlegal.com/blog/felons-with-firearms#comments</comments>
		<pubDate>Mon, 19 Jan 2009 12:17:30 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Firearms]]></category>

		<category><![CDATA[felon]]></category>

		<category><![CDATA[firearm]]></category>

		<category><![CDATA[texas]]></category>

		<guid isPermaLink="false">http://www.arnoldlegal.com/blog/?p=3</guid>
		<description><![CDATA[Federal law prohibits any person who has ever been &#8220;convicted in any court of a crime punishable by imprisonment for a term exceeding one year&#8221; to ever or for any reason &#8220;possess&#8230; any firearm or ammunition.&#8221; 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony [...]]]></description>
			<content:encoded><![CDATA[<p>Federal law prohibits any person who has ever been &#8220;convicted in any court of a crime punishable by imprisonment for a term exceeding one year&#8221; to ever or for any reason &#8220;possess&#8230; any firearm or ammunition.&#8221; 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of imprisonment.</p>
<p>If you or a loved one is facing charges of <a href="http://arnoldlegal.com/Weapons_Attorney.htm">possession of firearms in Texas</a> or  <a href="http://arnoldlegal.com/Weapons_Attorney.htm">possession of deadly weapon in Texas</a>, contact Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas firearms possession attorney</a>.</p>
<p>There are exceptions to this rule in some instances. Federal law contains an explicit statutory exclusion which provides that the federal criminal offense of firearms possession is inapplicable to persons who has had their civil rights restored on the predicate state felony conviction. 18 U.S.C. 921(a)(20) provides:<br />
<span id="more-3"></span></p>
<p>&#8220;What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms.&#8221;</p>
<p>Whether a person has had his civil rights restored for a state conviction is a matter determined by state, not federal law. However, for federal law to recognize the state restoration of rights exception, the terms of the restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. If the restoring state includes the three aforementioned rights then federal law contains an additional clause that must be examined. This clause looks to the actual state law to see if there are any restrictions imposed on the right of the convicted felon to possess a weapon. If there is some added firearms restriction under state law, then the federal clause is triggered to make the possession of any firearms unlawful under federal law, despite the state&#8217;s restoration of civil rights.</p>
<p>Is there any other way to regain the right to own a gun? In theory, one can submit an application to the Bureau of Alcohol, Tobacco, Firearms, (ATF) under 18 U.S.C. 925(c) requesting restoration of your gun rights. The application is supposedly granted if it is established . . . that the circumstances . . . and the applicant&#8217;s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public<br />
interest.</p>
<p>If you or a loved one is facing charges of <a href="http://arnoldlegal.com/Weapons_Attorney.htm">possession of firearms in Texas</a> or  <a href="http://arnoldlegal.com/Weapons_Attorney.htm">possession of deadly weapon in Texas</a>, contact Matthew Arnold, <a href="http://www.arnoldlegal.com">Dallas firearms possession attorney</a>.</p>
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