Healthcare fraud is, unfortunately, common, costing taxpayers and patients billions annually. The federal government prosecutes healthcare fraud, with severe penalties for those convicted, including substantial fines, imprisonment, and exclusion from government programs.  

If you find yourself in a situation with healthcare fraud, a Texas lawyer can help. You should be aware of the different types of federal medical fraud.

Billing for Services Never Performed

One of the most common forms of healthcare fraud involves billing for services that never happened. Examples of this type of fraud include billing Medicare for missed appointments that the patient did not attend, billing for fake procedures or tests that were never performed, and billing for services provided to non-existent “phantom” patients. 

Texas has many federal criminal cases in its state courts partly due to its border with Mexico. In 2020 alone the index crime rate in the state was 2,666.7 crimes per 100,000 population. A Texas lawyer is vital to have on your side if you or a family member is experiencing a federal crime. Some common federal charges against defendants in Texas courts include the following.

Immigration Offenses

The border with Mexico leads to numerous immigration charges like re-entry after deportation, smuggling, fraud, and illegal presence. Those living near the border often face prosecution. If convicted, fines, jail, or deportation can result. These allegations pose legal obstacles for defendants to overcome.

Drug Trafficking and Distribution

Texas’ location makes it a hub for drug trafficking between Mexico and the U.S. Charges involve large-scale trafficking of marijuana, cocaine, methamphetamine, and heroin. Convictions typically bring severe punishments like long mandatory minimum sentences under federal guidelines.

Because of the mass proliferation of child pornography available online, Texas and federal authorities are implementing a widespread crackdown to try to catch and punish as many people involved in making, distributing, or viewing child pornography as possible. The negative view that most people have regarding sex crimes against children means that the public has very little sympathy for people who may be wrongfully accused of child pornography possession, and that authorities are highly motivated to secure convictions, regardless of the quality of evidence. This makes it very important for you to take any charges or investigations for child pornography seriously; if you are facing any involvement whatsoever with sex crimes against children, hire a Texas criminal defense attorney right away. 

Will Child Pornography Always Be Charged as a Federal Crime? 

Being convicted of a child pornography charge under Texas law carries serious consequences, even without the charges escalating to the federal level. Those convicted of child pornography possession can have a third-degree felony placed on their permanent record, fines of up to $10,000, between two and 20 years in prison, and permanent registration on the sex offender registry. Keep in mind that these are simply the charges for viewing and accessing child pornography - creating or distributing child pornography carries much higher penalties, including up to 99 years in prison. 

When the federal government gets involved, things get even more serious. Federal child pornography charges are common because the feds can bring charges for any activity across state or national lines. Given the widely accessible nature of the internet, it would be rare for any image online not to be viewed by people in different states. Whether you are the person creating, distributing, or viewing the child pornography, as soon as it crosses state lines, the federal government can get involved. No physical transportation of imagery need take place, although these laws also apply to any physical evidence of child pornography, including undeveloped film.  

Imagine a fairly common scenario: A group of college buddies from Texas goes on a road trip to California, where marijuana is legal. Visiting several dispensaries, the group stocks up on flower, vape pens, and dabs, and then gets ready to head back home. The group figures they might share some of the product with friends, sell a little of it, or maybe keep it all for themselves. No big deal, right? 

But when the group is driving back through Texas, they get pulled over by a highway patrol officer for driving nine miles over the speed limit. The officer claims he smells marijuana on the group, orders them out of their car, and then searches the car. He finds the friends’ stash, arrests them all, and suddenly an entire group of friends without a criminal history is facing federal drug charges. 

Federal Drug Charge Penalties

While there is increasing talk about making marijuana legal on the federal level, it has not been done and in many states, including Texas, recreational marijuana is still against the law. Furthermore, moving restricted drugs of any kind over state lines is a serious crime that can trigger a federal prosecution. 

A well-known star of a reality TV series recently received a sentence of 12 years in federal prison for receiving and attempting to receive child pornography, and trying to solicit minors to engage in sexual contact with him. The 22-year-old man is accused of using his fame as a prominent cheerleader and media star to solicit the minors, who lived in Florida, Illinois, and Texas. Although he initially pleaded not guilty, he later did plead guilty to two of the charges.

Convictions for child pornography and soliciting a minor carry serious consequences under Texas and federal law. This case illustrates perfectly how prosecutors are eager to pursue sex offenders and punish them to the fullest extent of the law, using victims’ testimonies to bolster their case and minimize public sympathy for perpetrators who are very often victims of sexual abuse themselves. If you are facing charges of this nature, get help right away from a Texas criminal defense attorney who will aggressively defend you. 

Federal Child Pornography Charges

When a defendant’s actions involve sending or receiving material over state lines, even if that material is over the internet and is deleted or destroyed after receipt, the federal authorities may get involved. Someone convicted of knowingly possessing child pornography can face up to 10 years in federal prison and up to 20 years if the child is under age 12. Someone distributing pornography faces even higher prison sentences. All penalties can be increased if the defendant has a prior criminal history.