Under Texas law, a scammer who poses as an investor, a CEO, or an attorney to convince someone to keep sending "fees" to unlock a promised windfall can face felony theft charges based on the total amount taken, a separate felony for falsely holding himself out as a lawyer, and much longer sentences if he has prior felony convictions. Those issues frame a new federal case against Steven Comisar, a 64-year-old Los Angeles man who calls himself the "Don of Con" and hosts the podcast "Scam Junkie." According to Cleveland.com and The Canton Repository, Comisar was charged on September 23 in federal court in Cleveland with mail and wire fraud, accused of scamming a Massillon, Ohio, couple out of more than $7 million through more than 70 cashier’s checks beginning in September 2019. Investigators say he used a string of false names and posed as investors, company CEOs, a wealth director, and an attorney, promising a "huge windfall" from projects including a Bitcoin venture and a casino resort, then demanding payments for trading fees, taxes, and even a supposed $98,000 Chinese government fine before profits could be released. Comisar, who has five prior federal convictions and once wrote a book on fraud prevention, is presumed innocent of the new charges.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
Is Pretending to Be a Lawyer a Crime in Texas?
Yes. Under Texas Penal Code Section 38.122, a person who is not licensed to practice law commits an offense by holding himself out as a lawyer with intent to obtain an economic benefit for himself or someone else. The offense is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The statute is aimed squarely at scams in which a fake "attorney" reassures a victim that a transaction is legitimate or demands payment for legal fees, and it can be charged in addition to theft or fraud counts arising from the same scheme.
How Does Texas Treat Advance-Fee Investment Scams?
Texas generally prosecutes advance-fee schemes as theft by deception under Penal Code Section 31.03, because the victim’s consent to hand over money was obtained through false promises. Under Section 31.09, payments taken as part of one continuing scheme can be aggregated into a single charge, so dozens of separate checks can be combined. When the total reaches $300,000 or more, the theft is a first-degree felony carrying 5 to 99 years or life in prison. If the victim is 65 or older, Section 31.03(f) raises the offense one level, which matters most in cases below the top value tier.
Does Using Fake Names and Personas Add More Charges?
It can. Creating false identities to communicate with a victim may support charges beyond theft, depending on how the identities are used. Posing as a real public servant is a separate offense under Section 37.11, and using another real person’s identifying information can be charged under Section 32.51. Invented personas like fictitious investors or wealth managers are typically treated as evidence of the deception at the heart of the theft charge, and prosecutors often use the volume of aliases, emails, and phone numbers to show intent and planning.
How Do Prior Convictions Affect Punishment in Texas?
Texas has some of the country’s strongest repeat-offender laws. Under Penal Code Section 12.42, a person on trial for a felony who has a prior felony conviction can have the punishment range raised by one degree, and someone with two prior sequential felony convictions can face 25 years to life for a new felony. Committing a new offense while on probation or parole can also lead to revocation and additional time. For someone with a long record, the enhancement allegations can matter as much as the underlying charge.
What Defenses Might Apply in an Investment Fraud Case in DFW?
Defense strategies in investment fraud cases often focus on intent and identity. The defense may test whether the accused actually sent the communications, since emails, phone numbers, and aliases can be spoofed or shared; whether statements were promises about the future rather than false statements of fact; and how the loss amount was calculated. In cases built on digital evidence, the chain of custody for devices, subpoenaed records, and financial tracing can be critical, as can whether prior convictions were properly proven for enhancement purposes.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients in Frisco, Collin County, and throughout the Dallas-Fort Worth area in theft, fraud, and white-collar cases, including those involving enhancement allegations and complex digital evidence. Our attorneys examine the financial records and communications at the heart of the case, challenge weak identity and intent theories, and fight to limit exposure under Texas enhancement laws. If you are under investigation or have been charged in connection with an investment or business dispute, contact L & L Law Group for a confidential consultation.
What is an advance-fee scam? It is a scheme in which a victim is promised a large payout, such as investment profits or an inheritance, but must first pay fees, taxes, or fines that never end. Legitimate investments do not require new payments to release profits.
Is falsely claiming to be a lawyer always a felony in Texas? Holding oneself out as a lawyer with intent to obtain an economic benefit is a third-degree felony. Other conduct, such as unauthorized practice of law without that intent, may be handled differently.
Can old convictions from other states be used to enhance a Texas sentence? Generally yes. Prior felony convictions from other states or federal court can often be used for enhancement if they are properly proven.