State and federal law enforcement officials filed securities fraud charges against the Texas attorney general (AG) in 2015. The state criminal charges, along with a federal civil claim, relate to alleged acts that pre-dated the defendant’s election to the office of AG in 2014. The case has been controversial in both a political and a legal sense. All politics aside, the case is notable as an example of the multiple ways law enforcement can pursue certain alleged white-collar criminal offenses. State law allows criminal prosecution, and federal law allows both civil and criminal proceedings.
In a very general sense, our judicial system is divided between civil and criminal matters. In criminal cases, prosecutors employed by the government bring charges against defendants. They have the burden of proving the defendant’s guilt beyond a reasonable doubt, the highest burden of proof in our justice system. Civil cases involve lawsuits between one or more plaintiffs and one or more defendants. The plaintiff must prove the elements of their cause of action by a preponderance of evidence. This is a lighter burden of proof than the one prosecutors must meet.
Some counties in Texas maintain separate courts for civil and criminal cases, while other trial courts handle both types. Rather than a single state supreme court, Texas also maintains two high courts. The Texas Supreme Court hears appeals of civil cases, while the Texas Court of Criminal Appeals handles criminal appeals. Federal courts handle both civil and criminal cases, from district courts up to the U.S. Supreme Court. The cases involving the Texas AG are currently pending in a state district court in Collin County that handles both civil and criminal matters, as well as a federal district court in Sherman.