Under Texas law, an employee who opens a bank account in the company’s name without permission and redirects customer payments into it can face multiple serious felony charges, from theft to unauthorized use of financial information to money laundering. An Indiana healthcare-staffing executive was recently sentenced to nearly five years in federal prison after prosecutors said she opened an unauthorized business account, steered customer payments into it, and laundered the proceeds. That case was prosecuted under federal law, but the same conduct in Frisco or the Dallas-Fort Worth area would run directly into several Texas statutes.
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 It a Crime in Texas to Open a Secret Account in Your Employer’s Name?
Yes. When a person opens a financial account in a business’s name without authorization and diverts money owed to the business into that account, Texas law treats it as theft under Penal Code Section 31.03, because the person unlawfully appropriates property, here customer payments, with intent to deprive the owner of it. The offense does not require a break-in or a forged check; using a position of trust to redirect funds is enough. Because the scheme typically unfolds over many transactions, Texas allows the amounts to be aggregated into a single charge under Section 31.09, which can push the total value into a higher felony bracket and increase the potential punishment.
What Is Unauthorized Use of Financial Information Under Texas Law?
Texas has a specific statute aimed at the misuse of another person’s or entity’s financial data. Under Penal Code Section 32.315, it is an offense to acquire, possess, or transfer certain financial account information, such as account numbers or access credentials, without the account holder’s consent and with intent to obtain a benefit or harm the owner. Setting up an account and routing a business’s incoming payments through it can implicate this statute where the person uses the company’s identifying and banking information without authorization. Section 32.315 is significant because it can apply even where the classic elements of a completed theft are disputed, focusing instead on the unauthorized handling of financial account information itself.
How Does Money Laundering Fit These Cases?
When someone moves the proceeds of a theft or fraud through accounts to disguise their source, Texas money-laundering law under Penal Code Section 34.02 can add serious additional exposure. That statute makes it an offense to knowingly acquire, transfer, conceal, or invest funds that are the proceeds of criminal activity. Transferring diverted customer payments or the proceeds of unauthorized loans between accounts is exactly the kind of conduct prosecutors point to. Money-laundering counts are graded by the amount involved and can carry punishment ranges as severe as the underlying theft, which is why these schemes often produce stacked charges.
How Serious Are These Charges in Frisco and Collin County Courts?
They can be high-level felonies with substantial prison exposure. A theft or money-laundering offense involving hundreds of thousands of dollars can be charged as a first- or second-degree felony in Texas, with punishment ranges reaching decades in prison and fines up to $10,000, plus court-ordered restitution to the victims. A defendant’s criminal history matters as well; prior fraud-related convictions can lead to enhanced ranges and a much tougher posture at sentencing. In Collin County and across the Dallas-Fort Worth region, cases built on business records, bank statements, and payment trails are treated as serious white-collar matters, with restitution frequently a central issue.
What Defenses Might Apply in a Texas Financial-Fraud Case?
Several defenses can matter in a Texas financial-fraud case. Because theft and unauthorized-use offenses require proof of intent to deprive or to act without consent, the defense may argue that the person had actual or apparent authority to open or use the account, that a genuine business dispute rather than criminal intent explains the transactions, or that the state cannot tie the defendant to specific transfers. The defense may also challenge how the loss amount was calculated, whether aggregation was proper, and whether the money-laundering theory is supported by the evidence. Each of these turns on the specific bank records, communications, and company policies in the case.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients across Frisco, Collin County, and the Dallas-Fort Worth area in matters involving theft, unauthorized use of financial information, money laundering, and related white-collar allegations. Our attorneys examine the bank records, payment trails, and company authorizations early, identify where the state’s intent and loss theories are weakest, and work to protect our clients’ rights at every stage. If you or someone you know is under investigation or facing charges involving diverted funds, unauthorized accounts, or financial-information misuse, contact L & L Law Group for a confidential consultation.
Can I be charged even if I intended to pay the money back? Possibly. An intent to repay later is generally not a defense to theft if the person appropriated the funds without consent and with intent to deprive at the time. It may, however, be relevant to restitution and sentencing.
What if I believed I was authorized to open the account? A genuine, reasonable belief in authorization can undercut the intent element. Whether that belief was reasonable is often the central fight in these cases.
Why are there so many charges for one scheme? A single course of conduct can violate several statutes at once, such as theft, unauthorized use of financial information, and money laundering, so prosecutors often bring stacked counts.