MBMT Law FirmMBMT Law Firm2026-07-18T23:35:53Zhttps://www.mbmtlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1303291/2023/01/cropped-siteicon-32x32.jpgOn Behalf of MBMT Law Firm<![CDATA[Does disgorgement require that victims suffer financial harm?]]>https://www.mbmtlawfirm.com/?p=2569652026-07-18T23:35:53Z2026-07-18T23:35:53ZThe defendant’s argument
A case that reached the U.S. Supreme Court (SCOTUS) this year involved a man found guilty of engineering an illegal securities fraud scheme commonly referred to as a “pump-and-dump,” where he bought penny stocks, promoted them and then sold them at artificially inflated prices.
The defendant, who also was sentenced to prison for the offense, was ordered to repay over $4 million in disgorgement. He argued, however, that the SEC failed to show that he had financially harmed anyone. The SEC countered that victims did suffer financial harm but that even if they hadn’t, disgorgement was still a valid penalty. That was the question before the high court.
A rare unanimous decision
Last month, SCOTUS ruled unanimously that proving that victims suffered financial harm wasn’t necessary for the SEC to seek disgorgement for fraudulently obtained profits or “unjust gain.” In the court’s opinion, Justice Neil Gorsuch wrote that "a showing of pecuniary loss is not required before an investor may qualify as a victim of an offender's wrongdoing entitled to compensation."
It’s crucial to have an effective response to allegations of financial wrongdoing. The details of a case and the calculation of related losses can be extremely complex. It’s important to seek experienced legal guidance as early as possible in such scenarios as a result.]]>On Behalf of MBMT Law Firm<![CDATA[Understanding the criminal offense of entrapment ]]>https://www.mbmtlawfirm.com/?p=2569642026-07-07T20:07:58Z2026-07-07T20:07:58ZMany people use the word "entrapment" to describe any situation in which an undercover police officer or confidential informant participates in a criminal investigation. Legally, however, entrapment has a much more specific meaning. Simply being caught during a sting operation does not automatically mean that a person was entrapped.Entrapment generally refers to a situation in which law enforcement induces or persuades someone to commit a crime that they otherwise would not have committed. The focus is often on whether the criminal intent originated with the government rather than with the accused. Officers are permitted to investigate crimes and provide opportunities for individuals to break the law, but there are legal limits on how far they can go.For example, undercover officers may pose as buyers or sellers during drug investigations or participate in online investigations involving financial crimes or solicitation offenses. These tactics are not, by themselves, unlawful. The legal question is whether government agents merely presented an opportunity to commit a crime or improperly pressured, coerced or manipulated someone into committing an offense they were not otherwise predisposed to commit.
Entrapment as a defense strategy
Entrapment can be a complex legal defense, and it is not available in every case. A defendant's prior conduct, communications with law enforcement, the nature of the government's involvement and whether repeated persuasion or extraordinary pressure was used generally influence the availability of this particular strategy. Because these cases frequently involve undercover operations, the evidence may include recorded conversations, text messages, emails, surveillance footage and testimony from law enforcement officers or confidential informants. Carefully reviewing this evidence is essential when evaluating whether an entrapment defense may apply.If you have been arrested after an undercover investigation or sting operation, do not assume the facts are as straightforward as they appear. A skilled legal team can analyze the government's conduct, identify potential constitutional and legal issues and determine whether entrapment or another defense may be appropriate. ]]>On Behalf of MBMT Law Firm<![CDATA[Misconduct at a national park can lead to federal charges]]>https://www.mbmtlawfirm.com/?p=2569632026-06-23T00:35:03Z2026-06-23T00:35:03ZHow might park visitors break the law?
In many cases, recreational substance use is the underlying cause of federal criminal charges for park visitors. Parks may have strict rules regarding alcohol possession and consumption. Visitors are also subject to federal regulations regarding controlled and prohibited substances.
People visiting parks in Texas might have marijuana that they intend to consume in private while camping. The telltale smell could attract federal rangers, which can lead to devastating consequences.
Graffiti or other damage to park facilities could also lead to federal prosecution. Even altercations with friends or total strangers while on federal property could potentially put people at risk of federal criminal charges.
Federal charges often carry mandatory minimum sentences. They can also result in people serving their sentences far from home, where loved ones cannot regularly visit them.
Anyone implicated in a potentially criminal incident on federal land may need support and insight from a federal criminal defense attorney. Securing legal guidance as soon as possible is of the utmost importance for those accused of breaking federal law or committing a crime on federal property, even if an offense may not initially seem like a major concern.]]>On Behalf of MBMT Law Firm<![CDATA[Why are they called white collar crimes?]]>https://www.mbmtlawfirm.com/?p=2569622026-06-15T17:07:43Z2026-06-15T17:07:43ZMany times, when people are accused of financial crimes, such as embezzlement or investment fraud, they are referred to as white collar crimes. This is a term that has been used since 1939, when it was coined by a sociologist named Edwin Sutherland.But the opposite is not generally true; other criminal activities are not referred to as "blue collar" crimes, for instance. So why is it that the term white collar crimes is used?
Government officials and business professionals
The term generally just refers to the type of people who are accused of these financial crimes. They tend to be government officials, business owners, corporate executives and others in upper economic classes.Additionally, white collar crimes are typically not emotional crimes or those designed to cause physical harm. Instead, they are criminal activities that are carefully planned and carried out for financial gain.For instance, embezzlement is one common type of white collar crime. By its very nature, this is something that can only be carried out by someone who has already been granted access to a business's financial accounts or funds, such as a chief financial officer. The level of access that they have been given as an executive makes it possible for them to misappropriate those funds for their own personal gain. This is a type of theft, but it is much different than someone who robs a convenience store.
Your defense options
If you have been accused of financial crimes or other white collar crimes, the ramifications can be severe, both in your personal and professional life. You must understand exactly what legal defense options you have when facing these charges. ]]>On Behalf of MBMT Law Firm<![CDATA[What is the goal of a grand jury?]]>https://www.mbmtlawfirm.com/?p=2569602026-05-29T08:51:48Z2026-05-29T08:51:48ZThe goal of a grand jury is simply to determine if there is enough evidence for a case to go to trial. The members of the grand jury are asked to decide if there is probable cause based on the evidence of criminal activity. If there is, they can then recommend that the case moves forward to a trial (petite) jury.What this means is that the grand jury is not in charge of determining a person’s guilt or innocence. If someone is facing white-collar crime allegations and the case goes before a grand jury, even if the grand jury finds that there is probable cause, that does not mean that the individual has been convicted or is guilty of a crime.Instead, the grand jury is working to filter cases. If someone is accused of criminal activity, but there is zero evidence against them, it is a waste of time and resources for their case to go through a trial jury. The grand jury can step in preemptively by determining there is not probable cause.
A grand jury is private
One of the key details to note about a grand jury is that the proceedings are private. The public does not necessarily get to see any of the evidence or hear statements from the jurors on why they made the decision that they made. This keeps it from harming a person’s reputation if it is eventually determined that there is not even probable cause for a trial.Much of the time, the members of the grand jury will serve for as long as 18 months, and they may consider multiple different cases. They work to privately and efficiently determine which cases should go to trial and which charges should be dropped from the outset.
White-collar crime defense options
If your case goes to a grand jury and they find that there is probable cause, the next step will be a traditional trial. At this time, it is important to understand what white-collar criminal defense options you have, and it can help to work with an experienced attorney.
]]>On Behalf of MBMT Law Firm<![CDATA[Can a private citizen be charged with honest services fraud?]]>https://www.mbmtlawfirm.com/?p=2569592026-05-18T19:13:16Z2026-05-18T19:13:16ZA federal fraud investigation does not always begin with public officials or political corruption. In some cases, private business professionals, consultants or employees become targets after prosecutors uncover hidden payments, secret business arrangements or conflicts of interest tied to financial gain.
Honest services fraud cases often grow out of workplace relationships where someone is accused of placing personal profit ahead of duties owed to an employer, client or organization. These allegations can appear in industries ranging from education and healthcare to finance and corporate management.
Understanding honest services fraud
Federal honest services fraud laws focus on situations where someone allegedly abuses a position of trust in exchange for money or personal benefits. While public corruption cases receive more attention, private citizens can also face these allegations under certain circumstances.Several factors often play a role in these investigations:
A position involving trust or responsibility: The accused person generally must owe some type of duty to another party. This may involve an employee handling contracts, a consultant advising a company or a professional expected to act in the best interests of an organization.
Payments or hidden financial benefits: Many cases involve allegations of bribes, kickbacks or undisclosed rewards tied to business decisions. For example, a company employee might secretly accept payments from a vendor in exchange for steering contracts in a certain direction.
Deprivation of fair and honest services: Prosecutors typically argue that the alleged conduct denied an employer, business or institution the honest services it expected from the individual involved. Financial harm or unfair business advantages may become part of the investigation.
Use of electronic communications or mail: Emails, phone records, wire transfers and mailed documents often become important evidence in federal fraud investigations. Honest services fraud charges frequently appear alongside mail fraud or wire fraud allegations.
Federal courts have narrowed honest services fraud cases over time, but private citizens may still face scrutiny over improper financial relationships. Allegations involving white collar crime can create lasting personal and professional consequences long before a case reaches trial. Anyone facing accusations connected to honest services fraud can benefit from seeking legal guidance as early as possible.]]>On Behalf of MBMT Law Firm<![CDATA[Understanding the stakes in a federal criminal prosecution]]>https://www.mbmtlawfirm.com/?p=2569572026-05-05T17:49:52Z2026-05-05T17:49:52ZIf you are facing federal charges in Texas, you’re not just in another criminal case. The rules are different, the resources are different and the consequences are on an entirely different level. The federal justice system is built for scale and aggressive prosecution, and it helps to understand the gravity of the situation.
For starters, federal investigations often begin long before you know you are a target. By the time charges appear, the government usually already has a developed case, which is why convictions are so common in federal court.
Federal cases hit harder
One of the starkest differences in federal court is how sentencing works. Federal judges use the U.S. Sentencing Guidelines, a complex scoring system that calculates your recommended punishment based on the offense, your criminal history and aggravating factors. In some cases, mandatory minimums remove judicial discretion entirely, locking in specific prison terms regardless of personal circumstances. Additionally, federal sentencing leaves little room for early release. There’s no parole in most cases, and sentence reductions for good behavior are very limited. As such, if you're sentenced to five or ten years, you’ll end up serving most of it. The consequences of a federal conviction don’t end at sentencing. They often include heavy fines, forfeiture of property and supervised release after incarceration. A conviction can also affect your job prospects, professional licences and your reputation. If you’re not a U.S. citizen, the immigration consequences can be disastrous.
Why early defense matters
Waiting to take federal charges seriously is one of the costliest mistakes you can make. Evidence gets locked in early, grand jury proceedings happen before most people even know they’re targets and the window to shape outcomes through proactive legal strategy is often narrower than people expect.If federal agents have contacted you or you’re under investigation, reaching out for urgent professional legal guidance can help reshape the trajectory of a case, protect your rights and increase the chances of a positive outcome.
]]>On Behalf of MBMT Law Firm<![CDATA[What happens before a trial in a federal criminal case]]>https://www.mbmtlawfirm.com/?p=2569562026-04-16T12:00:22Z2026-04-16T12:00:22ZMany people focus on what’s happening during the trial phase in a federal criminal procedure, but there are a lot of steps that happen before that. The pretrial stage is where the case usually begins to take shape.
A federal case usually begins with an investigation into whether a federal law was broken or not. Because not every crime falls under federal authority. Once it’s determined that there’s evidence of a federal crime being committed, the next steps will typically include an indictment and a warrant. Those usually pave the way for an arrest.
Pretrial phase often seems slow
A person who hasn’t been arrested before may think that everything moves fast before the trial phase, but that’s not always the case. A defendant will go before a judge for an initial appearance, during which the court will explain the charges and the defendant’s rights. At this point, the judge determines if the person will remain in custody or be eligible for release pending the outcome of the case. The charges against the defendant are presented during the arraignment, at which time the defendant enters a plea. Once this occurs, the process typically becomes slower, but there are a lot of important matters that are handled. Discovery happens during this phase. This is a time when both sides obtain information and evidence about the case. Motions are often filed and plea negotiations may take place. If no plea deal is reached, the case will eventually move forward to trial. Defendants should ensure they have proper legal representation throughout the entire criminal justice process, including pretrial. This gives them a chance to have someone help them to build a defense strategy they feel is in their best interests.
]]>On Behalf of MBMT Law Firm<![CDATA[What is the purpose of a target letter?]]>https://www.mbmtlawfirm.com/?p=2569552026-03-28T19:35:59Z2026-03-28T19:35:59ZTarget letters aren’t required in all cases, but they are often used to notify people before an indictment is sought.
What’s included in a target letter?
A target letter may outline the nature of the investigation and identify the relevant laws that may have been violated. The letter will also advise the recipient of specific rights.
It may also offer the individual a chance to respond, provide information or appear before the grand jury. Anyone who is given any of these options in the notice should seek legal guidance because there are some procedural considerations that must be factored into the decision.
Receiving a target letter serves as a stark reminder of constitutional protections, such as the right to avoid self-incrimination. Given the advanced nature of the investigation at the time a target letter is sent, it’s a good idea for those who receive them to take them seriously. Getting the support of an experienced defense attorney as early as possible can help people determine what kind of defense strategies are best for their individual situation.]]>On Behalf of MBMT Law Firm<![CDATA[Deceptive communications can lead to wire fraud charges]]>https://www.mbmtlawfirm.com/?p=2569532026-03-12T09:13:46Z2026-03-12T09:13:46ZWire fraud allegations often lead to federal prosecution. Like other federal crimes prosecuted at the federal level, wire fraud can lead to substantial financial consequences, jail time and a permanent criminal record.
People sometimes misunderstand the basis of wire fraud claims. They may think of wire transfers, such as the direct transfer of mortgage funds from one bank to another via the Federal Reserve during a home sale. However, those circumstances might constitute banking or financial fraud, not necessarily wire fraud.Wire fraud, as outlined in federal criminal statutes, actually relates to the use of communications infrastructure as part of a fraudulent scheme.
What systems might lead to wire fraud allegations?
Wire fraud statutes specifically reference radio, television and wire transmissions, such as telegraphs, as well as telephone calls. The name comes from the use of wires to transmit information across large distances. The law now extends to most modern forms of telecommunications and broadcasting.Updated wire fraud standards also apply to digital telecommunications. Phishing emails and the creation of websites to defraud buyers or investors are modern examples of wire fraud.Any scheme that involves direct phone calls, whether to landlines or mobile phones, text messages, emails, broadcast advertisements or digital technology could lead to federal wire fraud allegations. Transmitting information, including written words or images, to defraud others, can justify charges that carry up to 30 years in federal prison. Those accused of federal financial crimes may need help exonerating themselves or minimizing the penalties imposed. Reviewing the charges brought by federal prosecutors or the details of a pending investigation with a criminal defense attorney can help people avoid mistakes that can worsen their circumstances.]]>