Knowledge hub · Financial crimes defense
Texas and Federal Financial Crimes Defense
Bank fraud, wire fraud, and money laundering: explore the charges, evidence, and related defense guides.
Explore the three defense guides
Look at the statute cited in the indictment. Is it 18 U.S.C. § 1344, § 1343, or one of the money laundering provisions, §§ 1956–1957? That is a useful starting point for choosing a guide below. Bank fraud, wire fraud, and laundering counts sometimes concern the same money. Prosecutors still have to prove each offense. An account history alone cannot tell you whether its entries represent crimes.
If your case is in a Texas state court, look for the statute named in the charge. Texas has its own offenses, including money laundering under Penal Code Chapter 34. It does not have a general bank fraud or wire fraud offense that duplicates the name and elements of the federal law.
What each guide covers
Pillar article · Bank fraud
Federal Bank Fraud and Related Texas Financial Crimes
Which part of § 1344 does the indictment cite? This guide explains its two clauses and why the bank and the property involved matter. It covers intent, materiality, loan files, and account records, with a separate discussion of related Texas Penal Code Chapter 32 offenses.
Pillar article · Money laundering
Federal and Texas Money Laundering Defense
Where did the money come from? What does the government say the accused knew about it? Begin there, then turn to the provision actually charged. The guide covers promotion, concealment, and reporting avoidance, along with § 1957’s threshold and Texas § 34.02. You can also read about tracing, merger, forfeiture, and sentencing.
Resource · Money laundering elements
What Are the Elements of Federal Money Laundering Under Section 1956?
A guide to the charged subsection, transaction records, and the knowledge or intent prosecutors must establish.
Pillar article · Wire fraud
Federal Wire Fraud and Related Texas Fraud Offenses
An email may be central to a wire fraud count. Who sent or caused it, and what did it do? The guide connects those questions to the alleged property scheme, material misrepresentation, and fraudulent intent. It also explains how conspiracy allegations, digital records, and recent Supreme Court decisions can affect the case.
Resource · Wire fraud elements
What Must Prosecutors Prove for Federal Wire Fraud?
How the alleged scheme, property, intent, and specific communication fit together in a federal wire fraud charge.
Resource · Wire fraud property
What Is Property After Ciminelli and Kousisis?
The Supreme Court rejected right-to-control fraud and later clarified that fraudulent inducement to obtain money or property does not require net economic loss.
Knowledge hub · Federal bank fraud
Federal Bank Fraud Defense in Texas: Charges, Evidence, Wire Fraud, Money Laundering, and Trial
This hub brings the § 1344 questions together in one place. Use it to find the relevant records and follow the relationship between a bank fraud allegation and any wire fraud or laundering counts.
Practice areas · Representation
Talk to Heath Hyde about a specific charge
Looking for representation? These pages describe the matters Heath Hyde handles and what to expect when you contact the firm.
Compare the charges
On smaller screens, swipe the table sideways to compare all charges.
|
Question |
Bank fraud |
Money laundering |
Wire fraud |
|---|---|---|---|
|
Principal federal provision |
18 U.S.C. § 1344 |
18 U.S.C. §§ 1956, 1957 |
18 U.S.C. § 1343 |
|
Central proof issue |
Which § 1344 clause applies to the alleged scheme and the bank or property involved? |
Where did the alleged proceeds come from, and what makes this transaction fall under § 1956 or § 1957? |
Property-focused fraudulent scheme and interstate wire used to execute it |
|
Timing focus |
False representation and obtaining bank property |
Did the alleged criminal proceeds exist before this transaction? |
Did this particular transmission help carry out the alleged scheme? |
|
Texas comparison |
Depending on the conduct alleged: §§ 31.03, 32.21, 32.31, 32.32, 32.45, or 32.51 |
Texas Penal Code §§ 34.01–34.02 |
Depending on the conduct alleged: Texas theft, fraud, computer, or identity offenses |
An example involving several charges
Take a hypothetical wholesaler applying for a loan from an insured bank. Its borrowing-base certificate lists inventory available to secure the borrowing. The bank advances the funds. A week later, the company emails revised financial statements to the lender; it also uses some of the loan money to pay an affiliated business. Prosecutors allege that the original inventory figures were false. Those few facts leave a great deal unresolved.
Bank fraud: Compare the certificate with the warehouse records. Was inventory counted differently, or was a figure knowingly false?
Wire fraud: What did the later email accomplish? Section 1343 requires an interstate transmission used to execute a fraudulent scheme to obtain money or property.
Money laundering: The payment to the affiliate needs its own examination. Pull the invoice and both account entries. When did the money arrive, and when was it paid out? A fraud allegation does not establish a laundering count by itself. The prosecutor still has to prove the charged § 1956 or § 1957 offense.
Information to gather for counsel
Start with the deadline on your notice. Mention any related court case or regulatory inquiry.
You can help by identifying the people with access to the accounts and the location of the records. Counsel will need to work out where the money originated and who received it. Keep emails in their original format, together with accounting files, messages, and devices. Make a record of where you obtained anything you collect, and use only lawful access. Before discussing events with a company lawyer, ask whether that lawyer represents you. Representation, conflicts, and privilege cannot be assumed.
A disputed entry can be explained without changing the spreadsheet. Preserve the file. Do not delete messages, coordinate witness stories or move funds to obstruct investigators.
Bring the indictment or target letter with you.
Legal sources
To discuss representation, contact Heath Hyde or call 903-439-0000. Representation begins only after the firm agrees to take the matter.