Digital evidence has become the backbone of modern criminal prosecutions in Texas. From cell phone records to GPS tracking, surveillance footage to social media activity, prosecutors increasingly rely on electronic data to build their cases. Understanding how to challenge this …
Houston Business Email Compromise Fraud Defense Lawyer
In the past 42+ years, I have defended people charged with every kind of fraud allegation, including wire, mail, telemarketing, mortgage, bank, credit card, health care, Medicare, hospice care, and insurance fraud.
The Federal Government is now actively investigating and filing serious Federal Criminal Charges against individuals who are alleged to have committed the offense of “Business Email Compromise Fraud”. These Fraud cases can involve hundreds of millions of dollars. An estimated $50 billion has been stolen through Business Email Compromises. Consequently, the Federal Government is prioritizing the investigation and prosecution of these charges.
The term “business email compromise fraud’ refers to a sophisticated fraud often targeting businesses involved in wire-transfer services. Business email compromise is achieved by compromising and/or mimicking (“spoofing”) legitimate business email accounts, often through social engineering or computer intrusion techniques. Perpetrators of business email compromise fraud then use the email access to induce the target company or individuals involved in legitimate business transactions with the target company to make unauthorized fund transfers to money mules’ bank accounts.
A ”money mule” in the business email compromise fraud is a key figure in the commission of the offense. A money mule is a person recruited to open a bank account, or use an already open bank account, under their control for the purpose of receiving illegally acquired money and then transmitting some or all of the funds, often through electronic means, on behalf of others. A money mule is typically allowed to keep a percentage of the funds deposited into their account as payment for their illegal services.
Those who commit business email compromise fraud, individually and through fictitious shell businesses they formed, operate as money mules and unlicensed money transmitters in connection with their large business email compromise scheme. An unlicensed money transmitting business affects interstate and foreign commerce in any manner and fails to comply with money transmitting business registration requirements and regulations.
The Offenses that May be Charged against those Accused of Participating in a Business Email Compromise Fraud Scheme.
Those who are charged with involvement in a Business Email Compromise Fraud Scheme may face a variety of charges.
They may be charged with Conspiracy to commit Wire Fraud in violation of 18 U.S.C Section 1349. They may also be charged with Conspiracy to Commit Money Laundering in violation of 18 U.S.C. Section 1956(h). They may be charged with Unlicensed Money Transmitter in violation of 18 U.S.C. Section 1960. They may also be charged with Aggravated Identity Theft in violation of 18 U.S.C. Section 1028A.
Conspiracy to commit Wire Fraud
In a Business Email Compromise case, the Government may charge the accused with Conspiracy to commit wire fraud by alleging that the accused participated in a conspiracy to defraud and to launder the proceeds of fraud received from victims. The Government may allege that the accused did willfully and knowingly conspire with others to defraud and to obtain money by means of false representations and did transmit by wire communication in interstate commerce certain writings.
The Government may allege that the purpose of the conspiracy was for the accused to engage in a business email compromise scheme to deceive victims into sending money they owed real creditors to bank accounts under the defendant’s control, which was then transmitted and disbursed to other bank accounts under the control of the accused.
Conspiracy to Commit Money Laundering
In a Business Email Compromise case, the Government may charge that the accused did conspire to conduct financial transactions including bank deposits, withdrawals and transfers knowing that the funds involved in such transactions represented the proceeds of some unlawful activity, that is, wire fraud, knowing that the transactions were designed to conceal the nature, location, source, ownership and control of the proceeds.
Unlicensed Money Transmitter
In a Business Email Compromise case, the Government may charge that the accused knowingly conducted, controlled, managed, supervised, directed, and owned an unlicensed money transmitting business, having failed to comply with the money transmitting business registration and requirements under 31 U.S.C. Section 5330.
Aggravated Identity Theft
In a Business Email Compromise case, the Government may charge that the accused committed Aggravated Identity Theft. The Government might allege that, during and in relation to the underlying offense, the accused knowingly transferred, possessed, or used, without lawful authority, a means of identification of another person.
Each of the above federal felony offenses carries with it the potential for a serious prison sentence. Aggravated Identity Theft carries the potential for a two-year sentence to be stacked on any other sentence that might be imposed.
The Government May Incorrectly Charge an Innocent Person with Engaging in a Business Email Compromise (BEC) Scheme.
In fraud and other white-collar cases, including federal investigations into Business Email Compromise Schemes, the government casts a wide net and sometimes catches the wrong fish. You may be caught up in a net you do not belong in.
As your lawyer, my job is to fight the Federal Government. It is my job to investigate and evaluate the Government’s evidence. It is my way to find flaws in the Government’s theory. It is my job to investigate the credibility of Government witnesses. It is my job to try to prove that Government witnesses are either mistaken or lying in any assertion that you are guilty.
As your lawyer, it is also my job to work hard to develop the strongest possible defense. Developing a strong defense takes many hours and a strong commitment toward victory. Building a strong, winning defense is complicated, and it cannot easily be summarized on a website. I have defended the accused for 42 years. My experience has taught me that hard work and preparation are the ultimate keys to victory
In fraud cases, there are many available defenses I may be able to use. In many fraud cases, people get involved in what appears to be a legitimate business transaction, only to find out later that someone else involved was doing something illegal. You may be an honest investor who is now facing fraud charges. You may have believed you were opening a business account for a legitimate business. You may believe you are entering a legitimate business agreement with honest people, only to learn later that those who you thought were honest were, in fact, engaged in a business email compromise. You may learn after you open a business account for a legitimate business that others were using your account to divert and launder business email compromise funds. This is a dangerous offense for the accused because a perfectly legitimate businessman may find himself caught up in a business email compromise scheme, of which you had no knowledge
Some of the Fraud Charges Houston Criminal Lawyer Robert Fickman Had Defended Against
Mortgage fraud – People legitimately involved in a real estate transaction, such as a builder, contractor, lender, processor, broker, or home buyer, might be accused of mortgage fraud. The charge often involves an accusation of a fraudulent loan application, in which money or equity was skimmed off the top. The consequences of a conviction can be devastating since the sentence is largely determined by the amount of fraud, which often involves millions of dollars.
Healthcare fraud – People charged with healthcare fraud include doctors, medical assistants, nurses, clinic owners, and healthcare service businesses. The person charged is often accused of submitting fraudulent bills to insurance companies, Medicare, or Medicaid. Healthcare fraud charges usually include a conspiracy count. Large sums of money are involved in health care fraud, so the consequences of a conviction are very serious, involving potentially lengthy jail sentences.
Bank fraud – People charged with bank fraud are typically bank officers and people who make loan applications. The typical allegation is that a bank officer approved a loan they should not have approved in exchange for money. The typical allegation against the person who submits a loan application is that they provided fraudulent or misleading information.
Mail, wire, and telemarketing fraud – Wire and mail fraud are often linked to telemarketing fraud or Ponzi schemes.
A SUMMARY OF CRIMINAL DEFENSE ATTORNEY ROBERT FICKMAN’S CREDENTIALS
- Robert Fickman has been a criminal defense attorney in Houston for 42 Years.
- Robert Fickman has handled over 300 Federal Criminal Cases.
- Robert Fickman has successfully kept some clients who were under federal investigation from being charged in Federal Court.
- Robert Fickman has obtained the dismissal of Federal Charges against some clients
- Robert Fickman has gone to trial in Federal Court and obtained acquittals on all charges for some clients.
- In 2022, Robert Fickman went to trial in United States v. Rebolledo. There were 56 Defendants indicted in the Rebolledo case. Robert Fickman’s client was the ONLY client in the entire case to be acquitted on all charges. His client had seven charges. Robert Fickman convinced the trial judge to throw out four of the charges before the charges even got to the jury. Robert Fickman convinced the trial jury to find his client NOT GUILTY on the remaining three charges.
- Robert Fickman has argued many cases before the Fifth Circuit Court of Appeals.
- Robert Fickman has had an AV Rating (the highest rating) from Martindale-Hubbell for over 20 years.
- Robert Fickman has been named a “Texas Super Lawyer” since 2015.
- Robert Fickman is well-respected by his peers, and he has received numerous awards.
- Robert Fickman was the President of the Harris County Criminal Lawyers Association (HCCLA) from 2006-2007.
- Robert Fickman is a past board member of the Texas Criminal Defense Lawyers Association (TCDLA).
- Robert Fickman serves on the TCDLA Judicial Conduct Committee.
- Robert Fickman serves on the HCCLA and TCDLA Strike Forces, where he is called upon to come to the aid of other criminal defense lawyers.
- Robert Fickman is an outstanding national public speaker. Robert Fickman was on the National Association of Criminal Defense Lawyers’ “Best of 2010 Speakers”, “Best of 2014 Speakers,” and “Best of 2022 Speakers Disc.”
- Robert Fickman was named “Mr. Declaration of Independence” in the Texas State Bar Journal for his volunteerism.
- Robert Fickman has dedicated his entire professional career to defending those accused of criminal offenses. He was never a prosecutor and never wanted to be a prosecutor.