Lawyers, Answer Questions  & Get Points Log In
Texas White Collar Crime Questions & Answers
1 Answer | Asked in Consumer Law, Estate Planning, Banking and White Collar Crime for Texas on
Q: The SDPOA is a sad joke. By not specifically requiring signature on each page, it's being manipulated by fraudsters.

A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 23, 2019

Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for Texas on
Q: Can i as a defendant file a motion on my own criminal case, or my attorney only has authorization to do so?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 25, 2019

If you don't trust your lawyer, hire a different one. Criminal defense is not a D-I-Y project anymore than you would attempt your own surgery.

1 Answer | Asked in Real Estate Law, Elder Law, Probate and White Collar Crime for Texas on
Q: How difficult is it to have a real estate transaction voided based on the buyer's mental incapacity at the time.

In 2015 my Dad's wife said he had Alzheimer's so I would watch him at my apartment while she was at work because she said couldn't leave him at home by himself. His wife remarried him right after she found out he was getting a disability settlement from the VA. As soon as Dad got the money she... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 31, 2019

Few lawyers can guesstimate the difficulty. So much depends on the documents, the witnesses, etc. If you would like to ask a local elder lawyer who litigates elder fraud to discuss the possibilities with you, please use the Find a Lawyer function on the website of the National Academy of Elder... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Securities Law and White Collar Crime for Texas on
Q: Does an Agreed Order end all disputes between two parties, meaning they cannot rehash it out at another time?

My attorney and my lenders attorney signed an agreed order revoking a substitute trustee sale snd ejoining them from non judicial foreclosure on a certain date. A year after they sell my house. Should the Agreed Order stopped them? Will that fact affect it now because it was supposed to resolve... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2019

Before you attempt to assert my answer as being 100% correct, I need to advise you either to read the entire "Agreed Order" and figure it out yourself, or ask your current lawyer, or hire a different Texas lawyer to explain what appears to have happened in your old foreclosure case.

My...
Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Personal Injury and White Collar Crime for Texas on
Q: If a federal judge deny a complaint based on prejudice, can he or she be sued?
Roy Lee Warren
Roy Lee Warren answered on Mar 26, 2019

Yes they can be sued but your case would be quickly dismissed unless you can prove some egregious error because the judge has good faith immunity that is very difficult to overcome. Seldom is a suit against a federal judge successful.

View More Answers

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: My mother is a check fraud victim, what next?

My mother had her driver's license, signature and bank checks compromised recently. She was informed of this by her bank when the offenders withdrew cash using these compromised documents. So far there have been cash withdrawals from within our city and in another several hundred miles away, all... Read more »

Paul Looney
Paul Looney answered on Aug 21, 2018

Go to the bank and complete a fraud affidavit. The bank should begin refunding stolen funds. Change your credit cards, bank cards, etc. The bank can handle that off the top. Consequences? There should be none after it is established the bank recognizes the fraud. Hope this has been helpful, and... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for Texas on
Q: How can I determine if a presentment was made to the grand jury and if the result was a "No Bill" in a criminal case?

How can I find this information? I dont need to know the details of the grand jury, basically just if it was presented and if a no bill was issued. A complaint was in place, but an Indictment was never issued.

Grant St Julian III
Grant St Julian III answered on Aug 8, 2018

You may contact the DA's office in the county where the event occurred.

1 Answer | Asked in Consumer Law, Elder Law, Probate and White Collar Crime for Texas on
Q: If a person is in the 2nd to last or last stages of Parkinson's or Alzheimer's would he be legally able to sign mortgage

Signature is totally illegable. Has to be in adult daycare or supervised, cannot leave him alone. Gets confused about where bathroom is in my small one bdrm apt and has to ask every week. He just received a settlement from VA (his own personal property) and his younger wife had him sign mortgage... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 7, 2018

A person suffering from dementia usually has a doctor's diagnosis. When dementia is first diagnosed, the person likely still has legal capacity to sign a Will, a Medical Power of Attorney and similar documents. Whether the person still has legal capacity to sign a Durable Power of Attorney... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Probate and White Collar Crime for Texas on
Q: Can an heir file suit for tortious interference for stepmom hiding late Dad's will in safe deposit box?

Also want to file breach of fiduciary duty (particularly regarding healthcare decisions made as surrogate), and financial exploitation of an elder, fraud, conversion, and against her daughter for conspiracy and aiding and abetting the tortious interference & breach of fiduciary duty (daughter's... Read more »

Richard Winblad
Richard Winblad answered on Jun 19, 2018

I don't practice in Texas but I found this site informative:

http://www.texasinheritance.com/probate/how-to-probate-a-case/298-learn-how-to-obtain-a-copy-of-a-will

Like many states it appears that it is crime in Texas to conceal or destroy a Will.

1 Answer | Asked in Criminal Law and White Collar Crime for Texas on
Q: Is civil restitution between two parties (in lieu of criminal prosecution) blackmail, extortion or bribery?

TEXAS:

We are a small business and discovered a substantial loss due to embezzlement from a now former contractor. The Police were notified but we have not yet been contacted by a detective or officer. The contractor admitted to the theft and obviously doesn't want to go to jail. We would... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 17, 2018

This is a situation in which the contractor has potential civil liability to you and criminal liability to the state.

In criminal cases, the alleged victim can't really "drop the charges" and make the case magically disappear like on TV. You can tell the police and/or prosecution that you...
Read more »

2 Answers | Asked in Criminal Law and White Collar Crime for Texas on
Q: I'm dealing with corruption with a d.a. and judge refuse to file white collar crimes against a friend. What can I do?

I have forensic evidence proving everything I got and they refuse to accept it saying that there are too many high up people involved and they can't be convicted...I also have been threatened to drop the charges or I would regret it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 23, 2017

The Texas Rangers investigate corruption by public officials. If you've run afoul of the Good 'Ol Boy Network you might just call to see if the Rangers are interested in the case.

View More Answers

1 Answer | Asked in Consumer Law, Health Care Law, Medical Malpractice and White Collar Crime for Texas on
Q: Am I responsible for dishonestly explained and patently unnecessary laboratory charges that my insurance won't cover.

Before I was prescribed Vicodin by my pain specialist, whom I was seeing for pain related to a broken elbow, she required a urine drug screen. She also took blood to do a blood analysis wellness screen which was she assured would be covered by my insurance under the ACA. The lab that did the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2016

Generally people that protest and keep on get reductions. Suggest you collect documents firs. Then talk to journalists, file a complaint with the health department and the insurance department. Certainly sounds like an abusive practice.

1 Answer | Asked in White Collar Crime for Texas on
Q: Do you have to receive money, property, etc. before u can be arrested for fraud?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

No facts given. If you wer arrested for fraud about 5 years ago, did you hire an attorney for the case?

1 Answer | Asked in White Collar Crime for Texas on
Q: How can i get pretrial court papers?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

From your attorney, or perhaps the court clerk?

1 Answer | Asked in White Collar Crime for Texas on
Q: I am facing a Medicare fraud case where my biller billed $1.7M and I was paid $550k. Which amount could be used at sentencing
Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

How in t he world did you expect someone to answer this question 3 years ago when you needed an answer? You certainly had an attorney on your side, and your attorney would have answered it for you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.