Georgia Criminal Defense Lawyers Blog

Recent Computer Hacking Cases in the News

Published on: November 24, 2024 | By Conaway & Strickler, P.C.

Recently, Robert Purbeck of Idaho, also known as “Lifelock,” and “Studmaster,” was sentenced to ten years after pleading guilty to federal charges of computer fraud and abuse. He hacked into the computer servers of the City of Newnan, Georgia and a Griffin, Georgia medical clinic, and then targeted at least 17 other victims across the United States – in the process stealing personal information of more than 132,000 individuals. He also attempted to extort a Florida orthodontist for payment in Bitcoin, threatening to disclose stolen patient records and other personal information.

“Cyber extortion is unfortunately a rapidly growing threat and highlights the ever-growing need for corporations to remain vigilant in cybersecurity efforts,” said Sean Burke, Acting Special Agent in Charge of FBI Atlanta. “This sentencing is just one example of the FBI working together to hold criminals that hide behind their computers accountable, regardless of their location.”

According to information presented in court, in June 2017, Purbeck purchased access to the computer server of a Griffin medical clinic on a darknet marketplace. He then used the stolen credentials to illegally access the computers of the medical clinic and removed records that contained the sensitive personal information of more than 43,000 individuals, including names, addresses, birth dates, and social security numbers.

P2P Applications and Child Pornography

Published on: November 2, 2024 | By Conaway & Strickler, P.C.

As we explained in our prior post about federal child pornography laws, the consequences of a child pornography or CSAM (“Child Sexual Abuse Material”) conviction are severe and life-altering. And the collateral consequence of being on the sex offender registry can be devastating.

Early on, Conaway & Strickler defended cases that stemmed from activity on classic peer-to-peer applications like Limewire. These type of networks were simply software applications that provided a central hub for various computers to connect. Napster, for example, was a peer-to-peer (P2P) file-sharing service that allowed users to share and download music files from other users’ computers. These types of programs were utilized to distribute music, movies and child pornography. Law enforcement was able to track those cases more easily.

Today, however, the government has also become well versed in programs like BitTorrent, Limewire and e-Donkey, among others. When a hard drive or device is analyzed by the government, they now will produce a report detailing their forensic examination. They will detail all of the evidence found on the device showing evidence of P2P Networking, search history, bookmarks and they even cite images or image fragments found in cache locations. Here is a recent example of a federal criminal prosecution of someone who downloaded images from the BitTorrent Network.

Nursing License Defense FAQs

Published on: October 25, 2024 | By Conaway & Strickler, P.C.

As a nurse, your license is one of your most valuable assets. Yet, complaints or accusations against you could jeopardize your ability to practice. At Conaway & Strickler, P.C., we understand the gravity of these situations and are here to help. Attorney Meg Strickler is experienced license defense attorney who has handled these issues for years. Below are some questions and answers that will help you navigate any issues you might having with the Nursing Board.

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

Paycheck Protection Program Enforcement Continues

Published on: October 25, 2024 | By Conaway & Strickler, P.C.

As discussed in our prior blogs, the Department of Justice has already been prosecuting cases of larger-scale, outright PPP fraud. In August 2022, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of Limitations Act of 2022” extend the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years. This has allowed the government more time to prosecute these cases. And they continue to do so with increasing frequency. Recently the government was involved in prosecuting this covid-19 related schemes,

In investigating PPP loan fraud, the government first looks at the application itself. How many employees does the company have? Does that number match their payroll tax filings? Are the 941‘s the same as what is on file at the IRS? Has the owner(s) been convicted of or pled guilty to a felony with the past 5 years? Do the bank statements submitted on the PPP loan application match the actual bank statements? Are there business expenses on the bank statements? Was the bank account in a business checking account? When was the entity created? Did the company apply for more than one loan? Does the individual owner have multiple entities and apply for multiple loans? Any inaccurate statements on the application can result in a charge under Under 18 U.S.C. § 1344 (bank fraud) – making false statements to an FDIC-insured financial institution, or making false statements to the SBA. In addition, the CARES Act also has requirements for how companies use, and account for the use of, PPP loan funds. Some of the more outrageous PPP loan fraud prosecutions have resulted due to individuals buying Range Rovers, Lamborghinis and rolex watches with PPP loan proeeeds, i.e. converting PPP loan funds for personal use. Also, when seeking forgiveness for loans, companies must be very careful in what they submit. Any false documentation submitted can result in prosecution.

So, should the government be inquiring about your PPP loan(s) or EIDL loans or any disaster relief funds, it is important to contact us immediately. Being evasive or being unable to produce documentation of PPP Compliance will only increase issues that you will be facing. Allow Conaway & Strickler, PC to help you with expert advice from experienced federal counsel. We are very familiar with the federal criminal investigative process with the SBA-OIG, IRS and the DOJ.

New Eligibility Rules for Removal from the Georgia Sex Offender Registry

Published on: October 22, 2024 | By Conaway & Strickler, P.C.

In July 2024, significant amendments to O.C.G.A. § 42-1-19 went into effect, changing the process for removing some individuals from the Georgia Sex Offender Registry. These changes, introduced through Senate Bill 493, modify the eligibility criteria for those seeking removal, particularly impacting the timeline and risk level requirements for petitioners. Here, we’ll break down what these updates mean for individuals hoping to clear their names from the registry.

Reduction in Time Requirements

Previously, individuals convicted of a sexual offense in Georgia had to wait 10 years after completing their sentence before petitioning the court for removal from the Sex Offender Registry. SB 493 has reduced this waiting period to 5 years, making it possible for eligible individuals to initiate the process sooner. This amendment reflects a shift toward offering second chances, particularly for those who demonstrate low risk of reoffending.

Criminal Consequences for Unruly Airline Passengers: The FAA’s Push for Prosecution

Published on: October 5, 2024 | By Conaway & Strickler, P.C.

In recent years, unruly behavior on flights has become a growing concern, prompting the Federal Aviation Administration (FAA) to escalate its enforcement efforts. Since 2021, the FAA has referred over 310 cases of severe incidents to the FBI for criminal prosecution. These cases involve dangerous acts like physical assaults, attempts to breach the cockpit, and sexual misconduct, all of which have serious legal consequences.

The FAA’s zero-tolerance policy, implemented in 2021, marked a shift from warnings to immediate enforcement. With incidents like physical assaults on passengers and crew members, the FAA has consistently referred the most egregious cases to the FBI. The FAA can impose civil penalties up to $37,000 per violation, but when these cases are referred for criminal prosecution, offenders face much harsher outcomes.

In 2023, over 1,240 incidents of unruly passenger behavior were reported. Of those, 43 cases were referred to the FBI for criminal prosecution due to their severity. These cases often involve physical altercations or inappropriate behavior that pose a threat to the safety of everyone on board. The FAA’s clear stance on holding individuals accountable shows that passengers who engage in such behavior will face serious repercussions.You can read more about the FAA’s referral process and efforts in their official statement and in further detail from FAA’s unruly passenger policy page.

The New FINCEN Rule for Residential Real Estate: What it Means for Investors and Legal Compliance

Published on: September 18, 2024 | By Conaway & Strickler, P.C.

Recently, the Financial Crimes Enforcement Network (FINCEN) issued a pivotal final rule aimed at tightening regulatory oversight in the residential real estate sector. This change marks a significant step towards enhancing transparency in an industry that has, until now, been relatively free from such regulatory scrutiny. Generally, the new rule requires certain real estate professionals to report information about non-financed transfers of residential real estate to legal entities or trusts.

What Is the New FINCEN Rule?

FINCEN’s new rule extends Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) obligations to investment advisers involved in residential real estate transactions. The aim is to prevent illicit financial activities in an industry known for large cash transactions that can serve as vehicles for money laundering, fraud, and other financial crimes.

When Can Law Enforcement Search my Cell Phone?

Published on: September 14, 2024 | By Conaway & Strickler, P.C.

Cell phones are everywhere today and thus play a significant role in criminal investigations.

What reports are generated from my devices?

Cellebrite reports provide information about phone calls and text messages; but now it also provides a report on the data stored on these devices such as voicemails, images, and browsing history. From GPS location data to social media activity, cell phones can provide a treasure trove for law enforcement agencies to use to build their cases.

Suspicious Activity Reports (SARs): What Triggers Them and How to Respond

Published on: September 13, 2024 | By Conaway & Strickler, P.C.

In the world of banking and finance, the term “Suspicious Activity Report” (SAR) may sound intimidating—especially if you’ve been notified that a bank has filed one concerning your transactions. For individuals and businesses alike, it’s essential to understand what a SAR is, what activities can trigger these reports, and the potential legal consequences that may follow.

What is a Suspicious Activity Report (SAR)?

A Suspicious Activity Report (SAR) is a document that financial institutions are legally required to file with the Financial Crimes Enforcement Network (FinCEN) when they detect potentially suspicious behavior involving financial transactions. Once filed, these reports are sent to FinCEN, a division of the U.S. Department of the Treasury, which shares the information with law enforcement agencies for further investigation if necessary.

The Truth Behind the TikTok “Free Money Hack” Trend: What You Need to Know

Published on: September 13, 2024 | By Conaway & Strickler, P.C.

In the age of social media, viral trends come and go at lightning speed. Some are harmless and fun, but others can lead people into serious legal trouble. One of the most alarming trends recently circulating on TikTok is the so-called “free money hack.” This trend falsely promises easy money through exploiting banking loopholes, but what many don’t realize is that following such advice could land you in serious legal trouble.

What is the “Free Money Hack”?

The trend usually involves TikTok users claiming they have found ways to manipulate the financial system, offering viewers methods to “hack” or exploit bank accounts, cash apps, or credit systems to obtain free money. Some of these schemes involve: