The Legal and Financial Consequences of a Texas Identity Theft Conviction
Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or otRead More
Scene: Somewhere in the Texas Hill Country. A Giant Well Appointed Country House sits above a beautiful sprawling ranch. Workers are everywhere busily adding improvements. The owner, an older man of extreme wealth and Power sits comfortably in his rocking chair. A house phone sits on a table next to him. He sips Bourbon, enjoying his spread. He is self-contented. Things are mostly jist as he would have them. Seated nearby, hanging on every word of the older man, is a cub reporter. The older man, is “splaining “how things work in Texas to the cub reporter.
We Catch The Power Broker Mid-sentence:
“But you see, down here in Texas. We do thangs our way!!! We always have and we always will. The Innocent man he does the 25 years!!! The guilty man with a badge? Well son, He gets what we call a HALL PASS.”
( chuckles to himself)
“You know why that is? Come here. No, lean closer son. That’s it. Cuz down here in Texas we rather see 10 Innocent men go to prison than one guilty sombitch go free. Thats right. Thats it in a nutshell son. (Gesturing with finger as to make the point). We aint letting one guilty sombitch go.”
“So cuz of that, we gotta give our DA boys what we call “Plenty of Leg Room”. They got to do whatever it takes. We can’t be tying their hands. And Ifn the process a few 1000, who ain’t done nothing wrong, get some time, well hell its a price WE’RE WILLING TO PAY!!! Yessireebob, its a price WE’RE willing to pay.”
“So when we get one wrong, it aint really wrong. Its just the system we done dee-vized.”
( The man Sips Bourbon while the cub reporter scratches his head tryin to understand. The Cub reporter dutifully writes ” IT AINT WRONG”.
After Looking over his spread once more, the old power broker looks back at the cub reporter)
“And By Gawd son, we aint fer a secund changing! Oh hell these local trouble makers,like than Houston lawyer John Whatshisname just stirs thangs up. They brang them Inn-O-Cent Carpet baggin Yankees down here & get their picture taken huggin some ex con.”
“It don’t matter one bit. And you wanna know why?” ( He is momentarily distracted by a small family dog. This is his youngest daughter Barbara Sue’s dog. She is up at the TCU)
“Come here Chewchew. That’s a good dog.” ( he scratches the dog then flings a dog toy off the porch which the dog chases)
“That ChewChew is the dumbest damn dog we ever had. I dont know why we have a dawg that caint hunt.”
“Where was I? ”
” Rat, I was telling you why It dont matter a bit. None of this here stir matters. Cause Once these fancy lawyers leave, we just go on back to doing thangs like we always done. We aint changing a Gawd damn thing! (spits). Ken is a good ole boy. Hell, he was just doing his jawb.”
“They put him through hell. That there Court of Inquiry was a damn “Court of Injury”* for old Ken. It aint right. He had to sit in the Sheriff”s Office drinking coffee and shooting the breeze For Five whole days. He missed his Golf game!!!! Hell he missed THE BARBEQUE!!!! THAT JUST AINT RIGHT!!!! ”
“And for what???”
“I will tell for what son. For just just doing his Jawb. That is all he done. Just done his Jawb. I swear. We caint be givin in to this. If we aint careful, next thang you know, ever DA in this State is gonna have to show his cards to them criminals and that just aint rat.”
“Will let the dust settle on this here deal and then I will make a few calls. Well get Ken up and running again as a Visiting Judge and set this here matter rat.”
( the pnone rings. Ignoring the cub reporter, the man picks up the phone and shouts into it)
“Who is it?”
“Charlie? Charlie Sebesta, you old sumbitch. How are you getting by….”
Former Williamson County DA Ken Anderson deliberately withheld critical exculpatory evidence from Michael Morton’s Lawyer. As a result Michael Morton was convicted of murder. After Serving 25 years in prison, Michael Morton was exonerated. Anderson’s punishment for deliberalty withholding the critical exculpatory evidence,lying about it and sending Michael Morton to prison for life, was 10 days in jail. Anderson served only 5 days. For every 5 years Michael Morton spent in prison as a direct result of Anderson’s criminal conduct, Anderson served 1 day in Jail. The innocent man did 25 year. The man who sent him to do the 25 years, did just 5 days.
The criminal justice system is often more criminal than just.
Until the Texas Legislature does the right thing, and enacts laws providing for felony prosecution of rogue prosecutors, all Texas Das will feel free to just “keep doin their jawb”, even if that includes hiding evidence and framing the innocent like Ken Anderson did.
* Texas County and District Attorney’s Association (TCDAA) Exectutive Director referred to the Court of Inquiry earlier this year as a “Court of Injury” for former DA Ken Anderson. The reference was made during a recorded training seminar for DAs in Harris County, Texas.
Robb Fickman, Houston Texas, @rfickman
Sent from my iPhone
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
Client was accused of knocking disruptive student against the wall. Videotape of incident was obtained. Witnessed located and interviewed. On the day of trial, case was dismissed
Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or other illegal activities. “Identifying information” includes:
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