San Antonio White Collar Crime Defense Attorney — Fraud, Embezzlement & More
Facing a White Collar
Charge in San Antonio?
Your Reputation Is on the Line.
White collar criminal charges — fraud, embezzlement, counterfeiting — can destroy careers, businesses, and reputations built over a lifetime. Attorney Genaro R. Cortez defends individuals and businesses in San Antonio and Bexar County against state and federal white collar prosecutions.
White Collar Charges Don’t Just
Threaten Your Freedom — They Threaten Everything
White collar crimes are taken extremely seriously by both state and federal prosecutors. Unlike street crimes, these cases are built slowly and methodically — often over years — before charges are ever filed. By the time you know about an investigation, the government may already have a substantial case against you.
Decades in Federal Prison
Federal white collar offenses like mail fraud, wire fraud, and bank fraud each carry up to 20 years per count. When charges are stacked across multiple transactions or victims, the combined sentencing exposure can amount to life in prison without ever committing a violent act.
Career & Professional Destruction
A white collar conviction ends careers. Professional licenses — medical, legal, financial, real estate — are revoked. Security clearances are lost. Businesses collapse. The reputational damage from even an accusation can be irreversible without swift, aggressive defense.
Restitution & Financial Ruin
Beyond fines, courts routinely order defendants to pay full restitution to every victim. In fraud cases involving multiple victims or large sums, restitution orders can reach millions of dollars — wiping out savings, retirement accounts, and assets accumulated over a lifetime.
The Good Faith Defense
Many white collar charges hinge on intent. If you genuinely believed your conduct was legal — even if it turned out not to be — a good faith defense may be available. Attorney Cortez understands how to build and present this defense effectively to juries and judges.
White Collar Charges We Handle in San Antonio
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Mail Fraud — 18 U.S.C. § 1341
Any scheme to defraud that uses the U.S. mail — even once — can result in federal mail fraud charges carrying up to 20 years per count. The government casts an extremely wide net with this statute, making it one of the most commonly charged federal offenses. We challenge whether a scheme actually existed and whether use of the mail was knowing and intentional.
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Wire Fraud — 18 U.S.C. § 1343
Wire fraud covers any scheme using electronic communications — phone calls, emails, text messages, wire transfers. Like mail fraud, each individual transmission can be charged as a separate count. In today’s digital world, almost every business transaction touches wire communications, making this charge extremely broad.
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Bank Fraud — 18 U.S.C. § 1344
Bank fraud involves schemes to defraud financial institutions or obtain their funds through false pretenses. This includes mortgage fraud, loan application fraud, and check fraud. Penalties reach up to 30 years in federal prison — among the highest of any white collar offense — reflecting how seriously the government treats financial institution fraud.
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Health Care Fraud — 18 U.S.C. § 1347
Health care fraud charges arise from billing Medicare, Medicaid, or private insurers for services not rendered, upcoding procedures, or kickback arrangements. These cases are aggressively prosecuted by the DOJ and HHS-OIG, and often involve parallel civil liability and exclusion from federal health programs — ending medical careers entirely.
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Embezzlement
Embezzlement involves the fraudulent taking of property entrusted to you — by an employer, client, or organization. It can be charged as a state or federal offense depending on the circumstances and amounts involved. We examine whether the taking was authorized, whether intent can be proven, and whether restitution arrangements can resolve the matter favorably.
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Counterfeiting
Counterfeiting U.S. currency or securities is a federal offense under 18 U.S.C. § 471, carrying up to 20 years in prison. Counterfeiting charges also extend to goods — fake brand-name products, fraudulent documents, and forged instruments. Each category carries serious federal exposure.
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Insurance Fraud
Insurance fraud can be prosecuted at the state or federal level depending on whether federally regulated insurers are involved. It includes staging accidents, inflating claims, and submitting false documentation. Texas state insurance fraud charges range from misdemeanors to first-degree felonies based on the amount involved.
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Ponzi Schemes & Investment Fraud
Ponzi schemes and investment fraud cases involve allegations of misrepresenting investments to obtain money from victims. These cases often involve the SEC, FBI, and multiple victims — and are charged under securities fraud, mail fraud, and wire fraud statutes simultaneously. The combined sentencing exposure can be staggering.
Under Investigation or Already Charged?
White collar cases are won and lost in the investigation stage — long before trial. The sooner Attorney Cortez is involved, the more options you have. Don’t speak to investigators without counsel. Call today.
Confidential · No obligation · Available 24/7 for emergencies
White Collar Crime Penalties at a Glance
White collar penalties are severe — particularly at the federal level where charges are routinely stacked across multiple counts. Each count carries its own maximum sentence. Verify current penalty ranges with your attorney as statutes are subject to change.
| Offense | Classification | Prison (Max per Count) | Fine (Max) | Notes |
|---|---|---|---|---|
| Mail Fraud § 1341 | Federal Felony | 20 years | $250,000 | Each mailing is a separate count |
| Wire Fraud § 1343 | Federal Felony | 20 years | $250,000 | Each transmission is a separate count |
| Bank Fraud § 1344 | Federal Felony | 30 years | $1,000,000 | Highest max sentence of common fraud offenses |
| Health Care Fraud § 1347 | Federal Felony | 10 years (up to life if death results) | $250,000 | Plus exclusion from federal health programs |
| Counterfeiting § 471 | Federal Felony | 20 years | $250,000 | Includes currency and securities |
| TX Theft / Embezzlement (under $30K) | State Jail – 3rd Degree | 180 days – 10 years | $10,000 | Penalty based on amount involved |
| TX Theft / Embezzlement ($30K–$150K) | 3rd Degree Felony | 2 – 10 years | $10,000 | Texas Penal Code § 31.03 |
| TX Theft / Embezzlement (over $300K) | 1st Degree Felony | 5 – 99 years or life | $10,000 | Plus restitution to all victims |
Your Defense, Step by Step
We review the charges or investigation — at no cost. If you haven’t been charged yet but believe you’re under investigation, early intervention can sometimes prevent charges from being filed at all.
We examine financial records, subpoenas, search warrants, witness statements, and every document the government intends to use — identifying weaknesses, legal errors, and constitutional violations.
From good faith defenses to challenging intent, disputing the government’s financial analysis, or attacking cooperating witness credibility — we build a strategy tailored to your specific facts and goals.
Whether negotiating with federal prosecutors for reduced charges, filing motions to dismiss, or taking your case before a jury — we stand beside you at every stage and fight for the best possible outcome.
White collar prosecutions are unlike any other criminal case. They involve mountains of financial documents, expert witnesses, cooperating insiders, and the combined investigative resources of the FBI, IRS Criminal Investigation, Secret Service, and other federal agencies. Attorney Genaro R. Cortez knows how these cases are assembled — and where they can be taken apart.
From challenging whether criminal intent truly existed, to attacking the government’s financial expert analysis, to exposing the motivations of cooperating witnesses — every angle of the prosecution’s case is scrutinized. When your freedom, career, and reputation are on the line, you deserve a defense attorney who understands both the law and the high stakes involved.
White Collar Defense FAQ
What is a “good faith” defense in a white collar case? +
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.
Can I be charged with fraud even if no one lost money? +
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.
What should I do if federal agents contact me? +
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.
What is a grand jury subpoena and what should I do? +
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.
What is the difference between civil and criminal fraud charges? +
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.
How long do white collar investigations typically last? +
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.
Can a white collar conviction be expunged in Texas? +
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.
Will a white collar conviction affect my professional license? +
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.
Your Career and Freedom
Are Worth Fighting For.
White collar charges can end careers and destroy everything you’ve built. Attorney Genaro R. Cortez is ready to defend you — in state or federal court. Call now for a free, confidential consultation.