A good faith defense argues that you genuinely believed your conduct was lawful — even if it turned out to violate the law. Most white collar offenses require the government to prove criminal intent. If you acted in good faith reliance on advice from an accountant, attorney, or other professional, or genuinely believed your actions were authorized, this defense can be powerful. It is one of the most important and underutilized defenses in white collar cases.

Yes. Federal fraud statutes do not require that anyone actually suffered a financial loss — only that a scheme to defraud existed and that you participated in it knowingly. An unsuccessful fraud attempt is still prosecutable. This makes intent and the nature of the alleged scheme central to the defense, rather than simply whether harm resulted.

Do not speak to them without an attorney present — regardless of how friendly or casual the conversation seems. Federal agents are trained interviewers, and anything you say can and will be used against you. Politely decline to answer questions, provide your attorney’s contact information, and call Attorney Cortez immediately. You have an absolute right to counsel before speaking with investigators.

A grand jury subpoena requires you to produce documents or testify before a federal grand jury. Receiving one means you are likely either a target, subject, or witness in a federal investigation. You have important rights in this process — including the right to assert the Fifth Amendment privilege against self-incrimination and to consult with an attorney before testifying. Contact a defense attorney immediately upon receiving a subpoena.

Civil fraud cases are brought by private parties or government agencies seeking financial remedies — repayment, fines, and penalties. Criminal fraud charges are brought by prosecutors and can result in imprisonment. The same conduct can result in both civil and criminal liability simultaneously. Criminal cases require proof beyond a reasonable doubt, while civil cases use a lower standard. Having defense counsel who understands both tracks is critical.

Federal white collar investigations frequently span one to three years or more before charges are filed. During this time, agents interview witnesses, review financial records, execute search warrants, and develop cooperating witnesses. The federal statute of limitations for most fraud offenses is five years — giving prosecutors an extended window to build their case. If you suspect you are under investigation, do not wait to seek legal counsel.

Federal convictions cannot be expunged under current federal law. Texas state convictions for felonies cannot be expunged either — only cases that result in acquittal, dismissal, or deferred adjudication (in limited circumstances) may be eligible for expunction or non-disclosure. This makes fighting the charges aggressively from the outset — rather than simply accepting a plea — critically important for your long-term future.

Almost certainly yes. Professional licensing boards in Texas — including those for medicine, law, accounting, real estate, and finance — treat fraud and dishonesty convictions as grounds for revocation or denial. Many licensing boards act independently of the criminal courts and can take action even before a conviction is final. Attorney Cortez takes professional licensing consequences seriously in every white collar case from day one.

Yes. Illegal reentry under 8 U.S.C. § 1326 is a federal felony — not just a civil immigration violation. A first offense without prior criminal history carries up to 2 years, but prior felony or aggravated felony convictions can increase exposure to 10 or 20 years in federal prison. Federal sentencing guidelines govern the actual sentence, which an experienced attorney can work to reduce.

Yes — and one of the most powerful defenses is a collateral attack on the underlying deportation order. If the prior removal proceeding was fundamentally unfair or violated your due process rights, we can challenge whether the deportation was legally valid. This can result in the dismissal of the entire illegal reentry charge. Attorney Cortez evaluates this defense in every reentry case.

Statements made to federal agents — including Border Patrol, ICE, and HSI — can be charged as false statements under 18 U.S.C. § 1001 or used as evidence in the underlying case. However, statements made before Miranda warnings were given, or after you requested an attorney, may be suppressible. We examine the full circumstances of every post-arrest statement.

Yes. You have the right to remain silent and the right to an attorney before answering questions. At a Border Patrol checkpoint, you may be required to state your citizenship, but beyond that, you are not required to answer questions about your immigration status or activities. The safest thing you can do is politely decline to answer further questions and request an attorney.

Civil deportation (removal) is handled by immigration courts and results in being required to leave the country. Criminal immigration charges are federal crimes prosecuted in federal district court and can result in prison time on top of removal. Both proceedings can happen simultaneously — and a criminal conviction can make it far harder to ever obtain immigration relief in the future.

Border searches operate under different constitutional rules than interior searches. While basic manual phone searches have been permitted at the border without a warrant, forensic searches — downloading and analyzing phone contents — have faced more constitutional scrutiny. Do not consent to a phone search. Requiring agents to obtain a warrant preserves your rights and may result in evidence being suppressed.

Potentially yes. A federal criminal conviction can affect pending immigration applications for family members, disqualify you as a petitioner for family-based immigration, and in some cases trigger scrutiny of family members’ status. Attorney Cortez considers the full family immigration picture when advising on defense strategy and plea decisions.

Immediately. Federal initial appearance hearings — including bail hearings — happen within 24 to 72 hours of arrest. Having an attorney at the bail hearing significantly improves the chances of pretrial release. Evidence is also freshest immediately after arrest, and early intervention gives your attorney the most options. Call Attorney Cortez as soon as possible after any federal arrest.

For federal transaction money laundering, the government must prove that you conducted or attempted a financial transaction, that the funds involved were proceeds of a specified unlawful activity, and that you knew the funds were criminal proceeds. Intent is also required — either to promote the unlawful activity or to conceal the nature or source of the funds. Attacking each of these elements is central to the defense.

Knowledge is a required element of federal money laundering — the government must prove you knew the funds represented criminal proceeds. However, federal prosecutors can argue “willful blindness” — that you deliberately avoided knowing the truth. Demonstrating a genuine lack of knowledge, or that you had no reason to suspect wrongdoing, is a critical defense strategy.

Federal agents frequently set up undercover operations where informants pose as drug traffickers or criminals seeking to launder money. If the government induced you to commit a crime you would not otherwise have committed, an entrapment defense may be available. We also scrutinize the conduct of the informant, any promises made, and whether the government’s tactics were so outrageous they violated due process.

Yes. Federal civil forfeiture law allows the government to seize assets it believes are connected to criminal activity — even before charges are filed and without a conviction. This can include bank accounts, vehicles, real estate, and cash. We can challenge improper seizures and work to recover legitimately owned assets through the forfeiture process.

Yes — structuring is a federal crime under 31 U.S.C. § 5324. It occurs when someone breaks up cash transactions specifically to stay below the $10,000 currency reporting threshold. Critically, the underlying money does not have to be from illegal activity — even structuring transactions involving perfectly legitimate funds is a federal felony if done with the intent to evade reporting requirements.

Texas has its own money laundering statute (Tex. Pen. Code § 34.02) with penalties based on the dollar amount involved. Federal charges under 18 U.S.C. § 1956 carry up to 20 years per count. In many cases, both state and federal prosecutors pursue charges simultaneously — each in their own court system. Having an attorney experienced in both venues is essential.

Yes — money laundering is considered an aggravated felony under federal immigration law. A conviction can result in deportation, permanent bars to re-entry, and denial of citizenship or legal status. Non-citizens facing money laundering charges must have an attorney who takes immigration consequences seriously from the very beginning of the case.

Federal money laundering investigations can span months or years before charges are filed. Agents may be reviewing bank records, monitoring transactions, developing informants, and building a comprehensive case long before you are aware of any investigation. If you have any reason to believe you are under investigation — including receiving a grand jury subpoena or a visit from federal agents — contact an attorney immediately.