White Collar Crime Lawyer in El Paso and San Antonio

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If you are accused of fraud, theft, embezzlement, or forgery, or an investigator wants to talk with you, speak with a lawyer before you answer questions or hand over records. West Texas Trial Lawyers defends state and federal white-collar cases from offices in El Paso and San Antonio. The first consultation is free and confidential.

Every lawyer at our firm prosecuted cases for the State of Texas before defending them. Founding attorney Adam Setra is admitted in all four federal districts of Texas and the District of New Mexico.

What counts as a white-collar crime in Texas?

“White collar” is not a legal category. It describes financial offenses built on records, transactions, and intent rather than force. In Texas, common examples include theft (Penal Code §31.03), embezzlement, forgery (§32.21), and fraud. Some cases are charged in federal court instead.

These cases turn on records and intent. The key question is often whether the person meant to deceive, or whether a business dispute or accounting error is being treated as a crime.

Embezzlement

Texas does not have a separate offense called “embezzlement.” Taking money or property entrusted to you is usually charged as theft under §31.03, graded by value.

Forgery

Forgery means making, altering, or passing a writing with intent to defraud or harm. The grade depends on the type of document.

How does Texas grade theft by value?

Texas grades theft mainly by the value of the property taken (§31.03(e)). The higher the value, the higher the grade. Here are the felony tiers and their punishment ranges.

Value of property

Grade (§31.03(e))

Punishment range

Under $2,500

Misdemeanor, in most cases

Up to 1 year in jail and/or up to $4,000, depending on class (§§12.21–12.23)

$2,500 to under $30,000

State jail felony

180 days to 2 years in state jail, plus up to $10,000 (§12.35)

$30,000 to under $150,000

Third-degree felony

2 to 10 years, plus up to $10,000 (§12.34)

$150,000 to under $300,000

Second-degree felony

2 to 20 years, plus up to $10,000 (§12.33)

$300,000 or more

First-degree felony

5 to 99 years or life, plus up to $10,000 (§12.32)

Value is often disputed. So is whether separate transactions can be added together into one charge. A change in the value can change the grade.

When does a fraud case become federal?

A fraud case can become federal when it uses interstate wires, the mail, or a federally insured bank. Federal cases in El Paso and San Antonio are heard in the U.S. District Court for the Western District of Texas.

Federal offense

Statute

Statutory penalty

Wire fraud

18 U.S.C. §1343

Up to 20 years; up to 30 years and a $1 million fine if it affects a financial institution

Bank fraud

18 U.S.C. §1344

Up to 30 years and a $1 million fine

Mail fraud

18 U.S.C. §1341

Up to 20 years; up to 30 years and a million fine if it affects a financial institution

Federal sentences are set within these limits, and judges must consider the advisory U.S. Sentencing Guidelines. Our federal criminal defense page explains detention hearings under 18 U.S.C. §3142, target letters, and how federal court works in the El Paso and San Antonio divisions.

What should you do if you are under investigation or get a subpoena?

Do not talk to investigators, and do not respond to a subpoena on your own. Call a lawyer first. White-collar investigations often run for months before any charge. What you say and do during that time can shape the whole case.

What to do right now

Do not answer questions from police, agents, or a company investigator about the facts. Say you want your lawyer.
Do not delete, change, or move records. That includes emails, texts, files, and accounting data.
Do not sign anything such as a written statement, confession, or repayment agreement until a lawyer reviews it.
Do not contact coworkers or witnesses about the investigation.
Gather what you were given: subpoenas, letters, search warrants, or employer notices. Note any deadline.
Call us. Have your full legal name, date of birth, the agency or company involved, and any paperwork ready. If something is missing, call anyway.

Subpoenas and target letters

A subpoena orders you or your business to produce records or testify. It has a deadline. It is not a charge. A federal target letter says prosecutors consider you a target of a grand jury investigation. Both call for a lawyer’s response, not yours.

Employer investigations

An employer may ask for an interview or a signed statement. Those can end up with the prosecutor. Get advice first.

Does paying restitution end the case?

Not by itself. In Texas, the decision to prosecute belongs to the State, not the complaining business or person. Repayment can matter a great deal in negotiations and at sentencing, but it does not automatically end a case. Courts can order restitution in state cases and federal cases.

An offer made without a lawyer can read like an admission. Talk with us before you pay or promise anything.

Can a white-collar charge affect a professional license?

Yes, it can. Nurses, real estate agents, accountants, teachers, and other licensed professionals may face separate action from their licensing agency. The way a case resolves, including the plea and the record it leaves, can affect what the agency does.

Record relief may be possible later. Nondisclosure may be available after deferred adjudication (Gov’t Code §411.0725). Expunction is governed by CCP Chapter 55A. Eligibility depends on the offense and the outcome.

Key facts about white-collar charges in Texas

In Texas, theft is graded by value under Penal Code §31.03(e). Theft of $2,500 to under $30,000 is a state jail felony. Theft of $30,000 to under $150,000 is a third-degree felony. Theft of $150,000 to under $300,000 is a second-degree felony. Theft of $300,000 or more is a first-degree felony, punished by 5 to 99 years or life. Embezzlement is usually charged as theft. Forgery is a separate offense under §32.21. Fraud can also be charged federally. Wire fraud (18 U.S.C. §1343) carries up to 20 years, or up to 30 years and a $1 million fine if it affects a financial institution. Bank fraud (18 U.S.C. §1344) carries up to 30 years and a $1 million fine. Federal cases in El Paso and San Antonio are heard in the Western District of Texas. West Texas Trial Lawyers defends these cases from offices in both cities.

Why work with former prosecutors on a fraud or theft case?

Former prosecutors know how a financial case is built and where it is thin. Every lawyer at West Texas Trial Lawyers prosecuted cases for the State of Texas before defending them.

We test how value was calculated, because value sets the grade.
We look for the evidence of intent, not just the money trail.
We review whether the records the State relies on are complete.

State cases are heard at the El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901, and at the Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, TX 78205. Federal cases are heard at the Albert Armendariz, Sr. U.S. Courthouse, 525 Magoffin Ave., El Paso, and the U.S. Courthouse, 262 W. Nueva St., San Antonio. Full service in Spanish: Le atendemos completamente en español.

Our number one goal is to get the case dismissed. Read client-reported outcomes on our case results page. As reported by clients in public Google reviews. Every case is different. Past results do not guarantee future outcomes. For how Texas criminal cases move from arrest to trial, see our Texas criminal defense overview.

Meet Our Team

Adam Setra

Attorney

Criminal Defense

Frequently asked questions about white-collar charges

Is embezzlement a felony in Texas?

It can be. Embezzlement is usually charged as theft under Penal Code §31.03, and theft is graded by value. Taking $2,500 to under $30,000 is a state jail felony. Higher values bring higher grades, up to a first-degree felony for $300,000 or more. Lower amounts are generally misdemeanors.

When is fraud charged in federal court instead of state court?

Fraud is often charged federally when it involves interstate wires, the mail, or a federally insured bank. Wire fraud falls under 18 U.S.C. §1343, mail fraud under §1341, and bank fraud under §1344. Federal cases in El Paso and San Antonio are heard in the U.S. District Court for the Western District of Texas.

What is the penalty for wire fraud?

Under 18 U.S.C. §1343, wire fraud carries up to 20 years in prison. If the offense affects a financial institution, the limit rises to 30 years and a $1 million fine. The actual sentence depends on the facts, and judges must consider the advisory U.S. Sentencing Guidelines.

If I pay the money back, will the charges be dropped?

Not automatically. In Texas, the State decides whether to prosecute, not the business or person who reported the loss. Repayment can matter in negotiations and at sentencing. How you offer it matters too, because an offer made on your own can read like an admission. Talk with a lawyer first.

Should I talk to my employer's investigator?

Get advice first. Employer interviews and signed statements can end up with the prosecutor. You may have job-related reasons to cooperate, and a lawyer can help you weigh them. Do not delete or change any records, and do not discuss the investigation with coworkers in the meantime.

What should I do if I receive a grand jury subpoena?

Note the deadline and call a lawyer. A subpoena orders you to produce records or testify. It is not a charge, but how you respond matters. Do not destroy, change, or move any records. A lawyer can find out whether you are viewed as a witness, a subject, or a target.

Will a theft or fraud charge affect my professional license?

It can. Licensing agencies may act separately from the criminal case. The way the case resolves, including any plea and the record it leaves, can affect the agency's decision. Tell your lawyer about any license you hold at the start, so the defense can account for it.

How much does a white-collar defense lawyer cost?

It depends on the charge, the volume of records, and whether the case is state or federal. Your first consultation with West Texas Trial Lawyers is free and confidential, and payment plans are available. We explain the fee before you decide anything.

Talk with a white-collar defense lawyer today

If an investigator has contacted you, you received a subpoena, or you have been charged, call now. Calls are answered 24/7. The first consultation is free and confidential.

You can also request a free consultation online.

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