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What Crimes Are Considered War Crimes in the United States?
Earlier this year, President Donald Trump announced that he was considering granting pardons to a handful of individuals accused of war crimes. While he has since stepped back from the plan to pardon, it had many questioning what constitutes a war crime in the United States? Are war crimes punished internationally?
War Crimes and the International Criminal Court
It is true that there is an International Criminal Court that prosecutes war crimes. However, here in the United States, those accused of committing a war crime are prosecuted domestically. That means that defendants are tried and, if convicted, sentenced in the American federal court system.
The federal courts have adopted the Geneva Conventions. This means that although the trial will take place in America, it will follow international law.
What Are War Crimes?
War is awful, and many unimaginable acts occur during battle. The Geneva Conventions though, recognize that war does not grant anyone serving the right to act in any manner they choose. There is also a global understanding that many times innocent people are caught in the middle, but they still deserve protection from the atrocities of war. The law also recognizes that just because one may be considered an enemy in war, that enemy still has the right to be treated correctly.
Can the Government Seize Assets in a Healthcare Fraud Case?
The federal government has investigated cases of healthcare fraud since the inception of programs such as Medicare and Medicaid. Historically though, they tended to focus on larger fraud schemes, typically occurring within huge corporations. Of course, the government is still focused on these investigations, but there has been a shift in recent years. The number of investigations into smaller community-based healthcare businesses has been increasing. Allegations range from billing errors to unlawful referral fees and more.
The consequences of these investigations are devastating for the owners of these businesses just trying to help their community and make an honest living. In some cases, their assets are even seized, which is often enough to prevent them from conducting business, or even paying their personal expenses.
Asset Forfeitures Under the United States Code
According to 28 U.S.C. Section 1355, the federal government can seize assets during an investigation. This tool is not available to them in every investigation they conduct. However, cases involving doctors, pharmacists, company owners, and board members are often targeted for asset seizure.
Why Federal Criminal Cases Need a Federal Attorney
When charged with a federal crime such as healthcare fraud, you may understand that you need an attorney, but you may not know which type of attorney you need. Federal crimes are very different than state crimes. The case will be heard in a different court, by different judges, and the courts will have different schedules. These are important differences that will affect the outcome of your case, even if you do not yet realize it. A federal criminal defense attorney will understand the federal court system, and will not let the different procedures hurt your case.
Federal Laws Differ from State Laws
Of course, this is the most obvious difference, but it is an important one. Criminal defense attorneys are typically well-versed in the laws of their state and know how to defend against state crimes. Typically, they are not as familiar with federal law. For example, embezzlement in Illinois can be charged as either a state crime or a federal crime. If a criminal defense attorney prepares a defense according to state laws, it will have a negative impact on your case.
The Problems with Telemedicine and How Doctors Can Protect Themselves
It was in April of 2019 when the Department of Justice indicted 24 people, many of them doctors, in a healthcare fraud scheme. These indictments largely had to do with the practice of telemedicine, a practice that if not done carefully, can cost doctors their license, and possibly even their freedom. So, what is telemedicine? Why do doctors practice it, and what are the risks? Most importantly, how can doctors ensure that they practice telemedicine safely?
What Is Telemedicine?
Telemedicine allows doctors to see patients via a television, typically through a satellite connection, without actually being in the room with the patient. This can help speed along the process of healthcare, as a doctor is simply sitting in a room, typically either at their home or in their office and can see patient after patient without getting bogged down by paperwork and other administrative tasks.
Doctors that practice telemedicine typically start by responding to an ad, usually found online. The telemedicine company will interview the doctor, check their credentials, and ensure they are licensed to practice medicine. Upon approval, the telemedicine company will then offer the doctor work as a 1099 independent contractor. For each consultation, the doctor receives a fee.
Risks with Telemedicine
At first glance, telemedicine seems beneficial for patients and doctors alike. In the eyes of the DOJ though, it could be breaking federal law. The main law in question is the federal Anti-Kickback Statute. This law prohibits doctors from receiving remuneration, which is considered to be anything of value, for referrals or services that are payable by a federal program such as Medicare. When a doctor receives payment for these services, the DOJ may consider it healthcare fraud.
The other risk factor that comes with telemedicine is that generally speaking, doctors are less likely to keep the detailed documentation required when prescribing prescriptions or durable medical equipment (DME). These are two areas federal authorities have been scrutinizing lately, trying to find doctors that are ordering these drugs or equipment when the patient does not actually require them.
The problem for doctors treating patients honestly is that the doctor’s notes play a large part in determining if a service or drug is necessary. When a doctor fails to keep proper documentation simply because they are treating a patient through telemedicine and not right in their office, it can lead to a federal inquiry.
Keep Practicing Telemedicine with the Help of an Illinois Federal Criminal Defense Attorney
Telemedicine is not inherently bad, and just because the DOJ is starting to crack down on it does not mean doctors have to stop practicing. They just need the help of an experienced Chicago federal criminal defense attorney.
At the Law Offices of Hal M. Garfinkel, our experienced Chicago federal criminal defense attorneys represent doctors and other clients in health care fraud investigations, and we can represent you too, even before an investigation begins. We will help you become proactive about Medicare compliance and ensure you maintain adequate documentation to protect you from any charges. Additionally, we can also help you structure financial relationships to ensure you are complying with the Anti-Kickback Statute. We want to do all of this for you and more so call us today at 312-629-0669 for your free consultation.
How to Tell if You Are Under Federal Investigation
If you are under federal investigation, you will want to speak to an attorney right away. Having an attorney by your side can prevent you from saying something that will incriminate yourself, and can ensure your rights are protected throughout the entire process.
The problem is that many people do not realize they are under investigation until they receive a federal indictment. At that point, the prosecution has already been hard at work building a case against you, and you haven’t had a chance yet to create a defense. To help with this issue, there are some telltale signs that you’re under federal investigation. If you notice any of them, it is best to call a lawyer as soon as possible.
Someone Tells You
The chances are that during a federal investigation, a government agent will speak to a third party. If you get lucky, one of those people may tell you that federal agents were asking about you. If you hear this, do not take it lightly or try to simply hide from the charges. It does not work. You need an experienced federal criminal defense attorney as soon as possible.
Is Hacking a Crime?
It was in late 2018 when Russian citizen, Anton Bogdanov, was deported from Thailand to the United States. Recently, at the end of April, the US Federal Court leveled several accusations against him. Included in those accusations was the crime of hacking.
Many today are familiar with the term of hacking. Whether they have heard of hacking into a school’s system to change grades, or hacking into a banking database, everyone essentially knows what hacking is. However, is it an actual crime? If so, what are the consequences?
The Federal Laws on Hacking
Hacking is one of the more well-known terms when it comes to computer crimes. Generally speaking, it refers to the act of accessing another person’s computer system, without their knowledge or permission. Hackers, those that perform the hacking, often have very different goals, although stealing data and committing financial fraud are the top reasons.
Understanding the Federal First Offenders Act
If you have been arrested for a federal crime, you know what a scary thing it is. You are likely envisioning the worst possible outcome, spending years of your life in federal prison. However, this is not always the case. In the United States, there is a program that allows first offenders a chance to avoid jail time. This program cannot only eliminate the possibility of jail time altogether, but it can also help you escape the possibility of having a criminal record for your entire life.
So, what is this program? It is the Federal First Offenders Act (FFOA), and anyone charged with a federal crime needs to speak to an experienced federal criminal defense attorney that can review their case and determine if they are eligible.
The Basics of the Federal First Offenders Act
The FFOA is a probation program designed to help rehabilitate first-time offenders rather than punish them. As the name of the Act states, only those facing charges for the first time are eligible for the program. Upon entering into the program, the accused is placed on probation for a certain amount of time.
Have You Done DNA Testing? You Could be Part of a Criminal Investigation
Many people have seen the television advertisements for DNA testing kits that typically come from genealogy websites such as FamilyTreeDNA. However, what started as a simple curiosity may turn into something much more if the police try to obtain your DNA information from one of these databases. They have the right to do it and have even been successful in the past putting people away using this type of evidence. Critics of this practice, however, say it is a slippery slope and one that could ruin the lives of innocent people who are falsely charged with a crime.
Law Enforcement DNA Collection Techniques
It was not that long ago in 2018 when police were able to find a man connected to at least 45 rapes and 12 murders that occurred during the 1970s and 1980s. This former policeman was dubbed the Golden State Killer and his DNA was found through a public database.
What Is Securities Fraud?
There are many types of fraud that are classified as federal offenses. Many of these types of fraud are self-explanatory. Mail fraud indicates fraud that used the U.S. Postal Service to carry out the act. Wire fraud uses electronics such as email or the Internet to commit fraud. Securities fraud sometimes has people questioning what it really means, particularly if they’ve been accused of it. So, what is securities fraud? Perhaps more importantly, if you’ve been charged, what penalties are you facing?
Security Fraud Defined
The term “security” is a broad term that refers to a number of different investments. Municipal bonds, corporate stocks, bank notes, and investment contracts are all considered securities. Therefore, securities fraud occurs when one person lies, cheats, steals, or deceits someone for financial gain involving a security.
Securities fraud is generally considered a white-collar crime. Although there are federal laws on the topic, states also have their own statutes pertaining to securities fraud. Most cases, however, are tried as a federal crime. The two main federal statutes involved in a securities fraud case are the Securities Act of 1933 and the Securities Exchange Act of 1934.
Types of Securities Fraud
Securities fraud can occur in a number of ways. Some ways though, are more common than others. The most common types are:
- Misrepresentations. Securities depend on someone’s ability to predict how a security will perform in the future. When someone lies or makes false statements about how a security will perform, it is often considered securities fraud. For example, if a stockbroker made a commercial claiming that a stock was going to perform very well when they didn’t know that as fact, just to increase the sale of that stock, it is considered securities fraud.
What Does the Crime of Money Laundering Involve?
For Lori Loughlin, her husband, and several others involved in the college admissions scandal, the news only gets worse. Now, these defendants and several others have been charged with money laundering in addition to the charges they were already facing. As something that is often only seen on television and in gangster movies, the news has some wondering what the crime of money laundering really involves.
What Is Money Laundering?
Money laundering in its simplest form is taking money from one source and placing it into another to make it appear legitimate. The purpose is to hide money obtained from illegal activity, such as gang activity, and make it appear as though it was obtained through legal means. Moving this money is essentially “cleaning” it, which is where money laundering got its name.
One of the most common money laundering schemes involves setting up a business known as a “shell company”. This business will then deposit the money obtained illegally and create false receipts and invoices indicating the money was obtained legally. The shell company is really just a front for the money laundering scheme, although some shell companies also operate as a legitimate business, as well.
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