Michael Emory Clark’s Answers

Michael Emory Clark

Houston White Collar Crime Lawyer.

Contributor Level 10
  1. Mark Cuban insider trading- can his own words be used against him?

    Answered almost 6 years ago.

    1. Simon S. Kogan
    2. Michael Emory Clark
    3. Michael Prozan
    3 lawyer answers

    Yes. Note that the insider trading charges in this case are civil in nature. Unless a person is very careful about trying to maintain his or her right not to have his or her statements used against them in a court based on some available privilege, such statements are fair game. I just finished participating in an interview this afternoon on Fox News in which Cuban's attorney appeared. It will be interesting to see how this case plays out. The defense seems to have a multi-tiered approach,...

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  2. Hiring a tax attorney in Seattle to handle tax evasion matter, self employed person has not paid income tax for 20 years

    Answered about 6 years ago.

    1. Michael Emory Clark
    2. Robert B. Teuber
    3. Douglas L. Kaune
    4. Eric J. Gould
    4 lawyer answers

    While I echo the earlier response, the basic problem is that this could easily result in a federal criminal case and a significant period of incarceration in addition to the various penalties and interest that could be assessed in this situation. The U.S. Department of Justice provides a lot of information about tax crimes and other federal offenses in what is known as the U.S. Attorney's Manual, a multi-volume set of resources which is publicly available and indexed on the website. Most of the...

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  3. Cooperate Law

    Answered over 6 years ago.

    1. Michael Emory Clark
    2. Okorie Okorocha
    3. Lawrence Neil Rogak
    3 lawyer answers

    Like many things in law, in order to accurately answer this question requires a factual analysis, including: (1) what jurisdiction(s) may be involved (since the laws differ from state-to-state) and (2) under what circumstances was the recording made and by whom (for example, a court-authorized wiretap under Title III allows law enforcement agents to surreptitiously conduct undercover operations including recording of certain conversations -- subject to some restrictions, such as eavesdropping...

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  4. Pornography

    Answered over 6 years ago.

    1. Michael Emory Clark
    2. John Thomas Floyd III
    3. Charles Robert Kyle Vance
    4. Patrick J. Mclain
    4 lawyer answers

    Technically, there is an issue about whether the deleted files are actually deleted because a lot of material on a computer can be retrieved fairly easily at times, even if deleted, unless the hard disk is reformatted. There are federal statutes that can be used to prosecute possession of child pornography, among other related conduct. The U.S. Department of Justice considers these violations to be quite serious. In your description, the fact that you deleted it immediately would be a strong...

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  5. FDA Rules for pharmaceutical reps who divert prescription samples or take prescription samples from doctor's offices.

    Answered almost 6 years ago.

    1. Michael Emory Clark
    1 lawyer answer

    The general statute of limitations for most federal crimes is five years, with a few notable exceptions, such as tax cases and RICO cases. Ordinarily, that five years is measured from the last act which constitutes a violation. In this case, it may be a bit hard to exactly pinpoint that date, but it's likely somewhere in the three year window you mentioned. Title 21 of the United States Code, Section 353 governs what can and cannot lawfully be done as to the drug samples. There are also...

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  6. Doctor refuses to release medical records because of unpaid bill, what can I do

    Answered over 5 years ago.

    1. Michael Emory Clark
    2 lawyer answers

    In addition to the prior part of the answer, please note that the Texas Administrative Code provision that I hyperlinked states, in relevant part, the following: (h) Improper Withholding for Past Due Accounts. Medical and/or billing records requested pursuant to a proper request for release may not be withheld from the patient, the patient's authorized agent, or the patient's designated recipient for such records based on a past due account for medical care or treatment previously rendered...

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  7. Doctor refuses to release medical records because of unpaid bill, what can I do

    Answered over 5 years ago.

    1. Michael Emory Clark
    2 lawyer answers

    This surprises me in light of the facts that you set out. The Texas Medical Board posts information on its website about aspects of this issue, including the rights of patients to access their records, reasonable fees, etc. In pertinent part, the webpage which is linked below, explains "State law [Medical Practice Act, Section 5.08(K)] allows a patient to obtain a copy of his records, or ask that a copy be sent to a new doctor or someone else, such as an insurance company," and, more directly, "...

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  8. I am being audited due to my accountant's errors should I use the fax fraud attorney that he recommended

    Answered almost 6 years ago.

    1. Michael Emory Clark
    2. Edward X. Clinton
    2 lawyer answers

    Like anything else that is critically important to you, some basic research may be in order. You obviously are concerned based on the source of the recommendation. The attorney may be fabulous. S/he may not be. Other than this recommendation, you should try to find out whatever you can about her or him. There are several attorney rating sites to consider looking at, including this one, which can provide more insightful information about the recommended attorney. Martindale-Hubbell is one: www....

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  9. Law enforcement

    Answered over 6 years ago.

    1. Michael Emory Clark
    2. Okorie Okorocha
    2 lawyer answers

    This question intrigued me in part because I had been contacted by a reporter on a related issue about whether it would be better if states would require physicians to report epileptic patients who likely pose risks to others. (See Physician Reporting of Patients When Seizures May Affect Driving at http://professionals.epilepsy.com/page/hallway_driving.html). While I didn't locate any statutes or laws that would require an officer to do this when s/he pulls a driver over for a traffic issue,...

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  10. Intellectual property

    Answered over 6 years ago.

    1. Michael Emory Clark
    2. Gerry J. Elman
    3. Lawrence Neil Rogak
    3 lawyer answers

    While I generally agree with the prior answer, physicians can and do prescribe medications for what are known as "off label" uses that have not been formally evaluated and approved by the FDA. While a physician, in doing so, runs the risk that his or her conduct may not meet applicable standards of care, this practice is relatively commonplace in certain areas, such as oncology. The discovery that a blood pressure medication also tended to grow hair for many patients, as a famous example, led...

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    1 person marked this answer as helpful

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