Posted on February 14, 2020 in Fraud

A conviction for healthcare fraud comes with very serious consequences. A person faces very high fines, and possibly even long sentences in federal prison. As such, it is important that anyone facing these charges understands that there are defenses available, and a federal criminal defense lawyer will know how to use them. Below are just a few of the most common defenses that are often used in these cases, and that may be used in yours if you are facing charges.

What is Healthcare Fraud?

Healthcare fraud is a crime that typically involves a person or organization defrauding the federal government. There are many different types of healthcare fraud. A medical clinic may violate the Anti-Kickback statute by receiving money or other incentives for patient referrals. Or, a doctor may overcharge a Medicare invoice in order to receive more money than what was required for a certain service. These are just two types of healthcare fraud, but there are many others. No matter the charge, there are defenses that are very effective and can give those accused a good chance of beating the charges.

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 Posted on February 07, 2020 in Federal Crimes

Sometimes, people find themselves in such a bad situation that they become desperate. That was likely the case in late January when a man, believed to be between 20 and 30 years old, entered the Alaska USA Federal Credit Union in the Salmon Creek Albertsons in Washington. After approaching the teller he handed her a note demanding cash and after receiving it, he left. Police are still asking for help in locating the suspect who will likely face charges of bank robbery if caught. The bank robbed in the recent story was a federal credit union, so it makes sense that it would be considered a federal offense. However, are all bank robberies considered a federal crime? The answer is yes, and a conviction comes with harsh consequences.

How is Bank Robbery Defined in the Federal Code?

Bank robbery is covered under 18 USC 2113. This section of the United States Code defines bank robbery as stealing or attempting to steal cash or property of any value that belongs to a bank, credit union, or savings and loan association.

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 Posted on January 31, 2020 in Federal Crimes

If you have been indicted for a federal crime such as embezzlement or bankruptcy fraud, you likely know that you need a qualified federal criminal defense lawyer to represent you. You likely also know that you do not just need a lawyer, you need the right lawyer for your case and one that will give you the best chance of success. So, how do you go about finding one? Following the tips below will certainly help.

Find the Right Type of Lawyer

If you are charged with or being investigated for a federal crime, you need a federal criminal defense lawyer. These lawyers are much different than divorce lawyers or estate planning lawyers. They are even much different than criminal defense lawyers that work at a state level. Federal criminal defense lawyers understand the federal system, how federal courts work, and what the sentencing guidelines are in federal court. This is important and will make a difference in your case.

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 Posted on January 24, 2020 in Federal Crimes

Having a federal conviction on your record is a very serious matter. In addition to meaning that you may have to serve time in prison, it can also mean that you may not be able to find a job, find a place to live, or even obtain a school loan once your punishment is over. Even after serving probation, you may still find trouble securing all the opportunities you once did. Many people experience this after they have served their time and want to carry on with their lives as they once did. So, after you have served your sentence, can your federal conviction be expunged?

When Federal Convictions Can Be Expunged

To get a federal expungement means to make it as though the conviction never existed. Your criminal record is essentially thrown out, and no one can look up your arrest or conviction in public records. However, most federal offenses are not eligible for expungement. Under 18 U.S.C. 3607(c), only individuals convicted of a minor offense under the Controlled Substances Act can have their record expunged. This is a very narrow category of offenses, which unfortunately means that most people convicted of a federal offense do not qualify for expungement.

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 Posted on January 17, 2020 in Appeals

Just like with the state criminal justice system, if you have been convicted of a federal crime, you can also appeal it. Unlike appeals that happen at the state level though, federal appellate courts are much more difficult to understand than appeals that happen in state court. This is largely due to the fact that federal appellate judges and their staff are kept separate from the defendant, their lawyer, and the public. To demystify the process, listed below are the top five things anyone convicted of a federal crime, such as embezzlement or drug trafficking, should know if they want to appeal the decision.

A Federal Appeal is Not a Retrial

Federal appeals do not take place in a courtroom. There are no witnesses, new evidence is not presented, and there is not a jury. Instead, federal appeals deal only with the legality of the original trial. Attorneys for each side will prepare a brief that raises any errors made in the original trial or responds to allegations of an error made.

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 Posted on January 10, 2020 in Federal Crimes

When many people hear of the federal justice system, they may at first imagine tough United States attorneys and convictions that come with much harsher sentences in federal prison. Both of these are elements of the federal justice system, but there is also much more to it than just that. There are also many ways this system varies from the state justice system in Illinois. Below are just a few of the main differences between the two.

The Judges

According to the Constitution, federal judges are appointed by the President and confirmed by the Senate. In most cases, federal judges hold these positions for life. The only exception to this is if they are charged with misconduct in which case, Congress will hold impeachment hearings and determine whether a judge should be removed.

State judges, on the other hand, are elected into their position and they are not guaranteed to hold it for life. If they wish to remain on the bench, they must run for re-election.

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 Posted on December 27, 2019 in White Collar Crime

The FBI has recently broken up a counterfeiting scheme involving fake iPhones and iPads. The scheme was a sophisticated one. Although the devices were fake, they contained the original International Mobile Equipment Identity numbers and serial numbers. These are nearly impossible to counterfeit and usually only appear on original products. The suspects are three brothers that now face a number of counterfeiting charges. Many people think that counterfeiting is a somewhat old crime, but stories like this show it is just as prevalent as ever. So, what are the penalties for it, and are there any defenses to these charges?

The Definition of Counterfeiting Under the Law

Under the law, found at 18 U.S.C.A., Section 471, counterfeiting is defined as intending to defraud, falsely create, forge, counterfeit, or alter any security of the United States. The term ‘security of the United State’ indicates U.S. currency. However, for a bill to be considered counterfeit, the fake must be close enough to real currency that it would fool a reasonable person.

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 Posted on December 20, 2019 in Animal Cruelty

In late November, a story emerged from Missouri that involved an injured eagle. The University of Missouri College of Veterinary Medicine confirmed that an eagle was shot and injured, a rare injury for an eagle to sustain. Veterinarians have helped repair the eagle’s wing that was injured but now, authorities are looking for a suspect that may have committed a federal crime.

The story has many people talking. Not only because it involved an injured bald eagle, but because it brought to attention something that many people thought was just a myth. Is it really a federal crime to kill a bald eagle? Yes, it is, and the eagle does not have to die in order for federal charges to stand. Even injuring an eagle, or any part of an eagle’s nest or eggs could also result in federal charges.

The Bald and Golden Eagle Protection Act

The Bald and Golden Eagle Protection Act has been in place since 1940 when Congress passed it as federal law. Congress enacted the legislation in response to the fact that the number of bald eagles was declining rapidly around the state. The Act originally only included the bald eagle. In 1962, the Act was expanded on by Congress to include golden eagles.

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 Posted on December 13, 2019 in Indictment

So, a grand jury has convened and determined that there is enough to indict you. It looks like you are headed to a federal criminal trial and there is no hope for anything else to happen. While it may seem that way, that is not always the case. At this point, you must speak to a federal criminal defense attorney. A federal attorney can advise you on the many options you still have, including those below that could have your case dismissed.

Biased Jury

Under the Fifth Amendment, you have the right to an independent, informed, and unbiased jury. If for any reason, your attorney feels as though the jury was prejudiced in any way, this is a reason for dismissal. For example, if your case is high profile in the area the grand jury was convened in, and the jury was not sequestered, this is enough reason to have your case dismissed.

An Abundant Reliance on Hearsay

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 Posted on December 06, 2019 in Your Rights

Receiving a federal grand jury subpoena is very frightening. You must take action as soon as possible, as the consequences of doing nothing are great. You may not know whether you are the suspect in a criminal case, or if the federal prosecutor wants to speak to you as a witness. Taking action can help clear this up, and make sure you protect yourself. Below are a few tips that will help you do just that.

Contact the United States Attorney’s Office

After you receive your subpoena, there’s a very good chance that the U.S. Attorney’s Office will know much more about the case than you will. You will need to contact them, but it is likely that they will be very reluctant to discuss the case with you, particularly if you are a suspect in a criminal case. This task should be left to a federal criminal defense attorney that will understand how to handle the U.S. Attorney’s Office.

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