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Articles Posted in Criminal Defense

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United States Sentencing Commission proposed USSG amendments for fraud cases

On April 5, 2023, the United States Sentencing Commission announced amendments to the United States Sentencing Guidelines that will come in to effect on November 1, 2023.  Below is a summary of those changes as it relates to just fraud cases. Under proposed USSG 4C1.1, a client will receive a 2-level decrease…

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What is Mariam’s Law and how does it affect the Sex Offender Registry in Georgia

This news article explains most of the details of Mariam’s law, a law that was passed just last week.  It expands the restrictions on sex offenders. The biggest wrinkle that this bill has caused so far is the requirement to be fitted by the Department of Community Supervision with a device capable…

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Basics of Tax Evasion

By Maya Fouad   Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny person who willfully attempts in any manner to evade or defeat…

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Covid Related Fraud Enforcement Update

On May 17, 2021, U.S. Attorney General Merrick Garland announced the establishment of the COVID-19 Fraud Enforcement Task Force. On March 10, 2022, Garland announced Associate Deputy Attorney General Kevin Chambers as the Director For Covid-19 Fraud Enforcement. In August, 2022, President Biden signed laws that give the Department of Justice and…

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Drug Trafficking and the Safety Valve Exception

  The “Safety Valve” exception is a statutory exception to mandatory minimum sentencing laws. A safety valve allows a judge to sentence a person below the mandatory minimum term if certain conditions are met.  The “Safety Valve” provision is a provision of law codified in 18 United States Code §3553(f).  It…

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School Threats Resulting in Criminal Charges

Schools across the state of Georgia are facing an increase in threats of violence.  It has led schools to step up security.   Each and every threat must be taken seriously.  Some of these threats turn out to be real, so officials have beefed up security everywhere, including for example, Fulton…

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Federal Child Pornography Laws in a Nutshell

As the DOJ states, “Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old).  Images of child pornography are also referred to as child sexual abuse images.  Federal law prohibits the production, distribution, importation, reception, or possession of…

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Search Warrants – What are they/How are they gotten/What occurs? Answers in light of Trump Mar-a-Lago FBI search

The Fourth Amendment of the U.S. Constitution protects against unlawful searches and seizures by the government.  When the government wants to obtain a search warrant, an affidavit must be drafted and application must be made to a U.S. Magistrate judge (in federal matters).  The affidavit can be more than a hundred pages…

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What is RDAP?

The Residential Drug Abuse Program (RDAP) and the Non-Residential Abuse Program (NRDAP) are offered by the Federal Bureau of Prisons (FBOP) to assist inmates suffering from substance abuse issues. RDAP consists of 3 intensive phases, totaling over 500-hours of voluntary individual and group treatment, and it is about 9-12 months long. This…

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What are the current DOJ priorities?

Attorney General Merrick Garland made recent comments about what he considered to be the Department of Justice’s top priorities for 2022.  Since taking office in March 2021, Garland has tried to combat crime in a tumultuous time.  He has been criticized for his handling of January 6 investigation and has stated…

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