Jackson Walker attorneys Erica Benites Giese and Michael Murtha defended a high-stakes securities fraud case brought by the Texas State Securities Board. On June 27, 2024, the 199th District Court in Collin County granted Jackson Walker’s motion to dismiss the indictment with prejudice, effectively ending the case in favor of their client.
In 2023, a Collin County, Texas, grand jury returned an indictment in connection with an alleged oil and gas investment fraud scheme in violation of the Texas Securities Act. The Texas State Securities Board accused the defendant of committing securities fraud by selling interests in multiple oil and gas leases to several individuals and, in doing so, misrepresented certain facts and failed to disclose others. The Board further alleged that the misrepresentations induced the individuals to invest money into the alleged scheme.
Jackson Walker successfully argued that the indictment was time-barred due to the expiration of the five-year statute of limitations. Following the filing of briefs by both parties as well as oral argument, the Court dismissed the indictment with prejudice, permanently barring the State of Texas from re-filing charges against the accused.
The case is State of Texas v. Munoz, No. 199-83694-2023, in the 199th Judicial District Court of Collin County, Texas.
About Our Team
Erica Benites Giese, co-chair of Jackson Walker’s Investigations & White Collar Defense practice, handles sensitive government investigations and defends clients in complex criminal and civil litigation. With an impressive legal career spanning both public and private sectors, and a background as a Certified Fraud Examiner, Erica helps clients make the right decisions in mitigating and managing risk to their bottom line. She has been recognized in the prestigious Chambers USA Guide for Litigation: White-Collar Crime & Government Investigations in Texas since 2023, as one of Lawdragon’s 500 Leading Litigators in America since 2023, and among San Antonio Scene’s “Best S.A. Lawyers” since 2019.
Michael Murtha is an attorney in the Trial & Appellate Litigation and Investigations & White Collar Defense practices of Jackson Walker’s Dallas office. As a former federal clerk at both the trial and appellate levels, Michael draws on his prior experience in the federal judiciary to advise and defend corporations and individuals facing complex criminal and civil accusations at the pre-trial, trial, and appellate levels in federal court. Michael is experienced in representing corporations and individuals facing charges of securities fraud, wire fraud, healthcare fraud, and the like. His practice also includes handling sensitive internal and governmental investigations. In addition to Michael’s white collar and investigations docket, Michael also has a robust civil docket, representing companies and individuals facing antitrust, False Claims Act, defamation, breach of contract, and fraud claims. In 2024, Michael was named a “One to Watch” by Best Lawyers (Woodward/White Inc.) for Commercial Litigation.
About Our Trial & Appellate Experience
Jackson Walker’s trial group is one of the largest in the Southwest, comprising about 30% of the firm’s more than 500 attorneys. A formidable opponent in the courtroom, our diverse experience covers a broad range of industry sectors and specialty practice areas, and takes us into courthouses across the state and nearly every Texas county. To explore our Chambers-ranked Investigations and White Collar Defense team’s experience representing businesses and individuals in government investigations and enforcement actions as well as conducting internal investigations, visit the Investigations & White Collar Defense practice page.
