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What to Do If Your Minor Child is Arrested in Texas

Posted by Dan Cogdell | May 10, 2016 | 0 Comments

The mother of “affluenza” teen Ethan Couch, who received probation for killing four people while driving drunk, made the grave error of trying to help her son escape more trouble for violating his probation by driving him to Mexico.  Now she is facing criminal charges and he is also on the hook f...

How Jurisdiction is Determined in Texas Criminal Cases

Posted by Dan Cogdell | May 09, 2016 | 0 Comments

Typically, federal courts have exclusive jurisdiction over federal offenses and state courts have exclusive jurisdiction over state offenses. In some cases, certain crimes can qualify as both federal and state offenses. State jurisdiction If a crime occurs within a state's borders or within three...

About the Stand Your Ground Law in Texas

Posted by Dan Cogdell | May 06, 2016 | 0 Comments

Texas passed a stand your ground law in 2007, which allows for the use of force “when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.” Prior to the enactment of that law, the use of...

Insider Tip on Cocktail Napkin Nets Securities Fraud Charge

Posted by Dan Cogdell | May 05, 2016 | 0 Comments

A Watertown, Massachusetts, man has been convicted of securities fraud after a federal jury in Boston found him guilty of profiting from an insider trading tip he received on a cocktail napkin at a golf club.  He was acquitted of a separate charge of conspiracy to commit securities fraud. Real es...

FBI Investigates California Hospital Computer Hack

Posted by Dan Cogdell | May 04, 2016 | 0 Comments

The FBI is investigating the hacking of a Hollywood, California, hospital's computer system after the hospital paid $17,000 in ransom to regain control of its files, according to a news report. Hollywood Presbyterian Medical Center said that a hacker used malware to infect the hospital's computer...

FDA Says Parmesan Cheese Fraud a Growing Concern

Posted by Dan Cogdell | May 03, 2016 | 0 Comments

The U.S. Food and Drug Administration has launched a criminal investigation into a Pennsylvania cheese factory it says has put fillers such as wood pulp and cellulose into its grated parmesan cheese products that are distributed to some of the nation's largest grocery store chains. The FDA said t...

U.S. Supreme Court Agrees to Hear Insider Trading Case

Posted by Dan Cogdell | Apr 27, 2016 | 0 Comments

The U.S. Supreme Court has agreed to hear a significant insider trading case where its decision will clarify an issue upon which two circuits have split: the definition of “personal benefit” in regard to tipsters in insider trading cases. The case — Salman v. United States — involves a banker who...

What Constitutes Embezzlement in the State of Texas?

Posted by Dan Cogdell | Apr 18, 2016 | 0 Comments

Embezzlement under Texas law is the misappropriation or misapplication of money or property that was entrusted to an individual's care, custody, or control. The difference between embezzlement and theft is the violation of financial trust between the owner of the money or property and the person ...

What is a Writ of Habeas Corpus?

Posted by Dan Cogdell | Apr 12, 2016 | 0 Comments

A writ of habeas corpus is a way to challenge a criminal conviction in Texas state and/or federal court. This remedy is different from a direct appeal of your criminal sentence to a Texas appellate court, which can be based on any of the issues raised during the court trial that led to your convi...

Texas White Collar Crimes - State or Federal Prosecution?

Posted by Dan Cogdell | Apr 11, 2016 | 0 Comments

The term “white collar crime” encompasses a wide variety of different crimes, including offenses such as mail fraud, insider trading, health care fraud, bank fraud, money laundering, and embezzlement. While a white collar crime might originate in the state of Texas, crimes such as these often inv...

What Can I Expect During a SEC Investigation?

Posted by Dan Cogdell | Apr 01, 2016 | 0 Comments

No matter how well-run your company is, a SEC investigation is always possible. Events such as a disgruntled employee, a business deal gone bad, lawsuits, and sharp changes in stock prices all can cause the SEC to begin looking into your business. While every investigation occurs differently, bas...

What is Double Jeopardy and Does It Affect My Case?

Posted by Dan Cogdell | Mar 31, 2016 | 0 Comments

Both the federal and Texas state constitutions contain a prohibition on double jeopardy. On the federal level, the double jeopardy provision appears in the 5th Amendment, as part of the Bill of Rights. In its simplest terms, double jeopardy guarantees that you will not have to stand trial a secon...

What is the Difference Between Assault and Battery?

Posted by Dan Cogdell | Mar 30, 2016 | 0 Comments

While many individuals commonly think of assault and battery as two separate crimes, Texas law has essentially consolidated the two offenses in a single crime that is referred to as assault. The traditional definitions of both assault and battery both appear in the legal definition of assault und...

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