Fraud

Federal Criminal Law – Wire Fraud and Possible Alternatives

Published on: March 26, 2023 | By Conaway & Strickler, P.C.

By Brandon Fitz

Wire Fraud is a serious white-collar crime and is defined under 18 USC §1343 and states:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. 18 U.S.C.A. § 1343.

How can I be charged with 18 U.S. Code § 1028A Aggravated Identity Theft?

Published on: January 22, 2023 | By Conaway & Strickler, P.C.

Here is the definition from the statute, cut directly from the 11th circuit’s jury instructions:

It’s a Federal crime to commit aggravated identity theft.

The Defendant can be found guilty of aggravated identity theft only if all the following facts are proved beyond a reasonable doubt:

What are the current DOJ priorities?

Published on: April 1, 2022 | By Conaway & Strickler, P.C.

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 it’s the most urgent probe in history.

With all of this going on, the US Attorney’s office increased its prosecutions of individuals of white collar crimes in the year 2021. White collar charges like fraud, theft, corruption, bribery, environmental crime, tax fraud, health care fraud, procurement fraud, money laundering, PPP loan fraud, etc will continue to get more attention from the Department of Justice.

What does this mean? It means that investigations of any sort need to be taken seriously and that you should contact a lawyer immediately if any wrongdoing is alleged.

Covid-19 Fraud Enforcement Task Force established

Published on: May 26, 2021 | By Conaway & Strickler, P.C.

The Department of Justice just announced that U.S. Attorney General Merrick B. Garland created COVID-19 Fraud Enforcement Task Force to enhance enforcement efforts against COVID-19 related fraud.

Cases have included:

Offers to purchase COVID-19 vaccination cards

What is the Medical License Verification Act?

Published on: November 11, 2020 | By Conaway & Strickler, P.C.

In 2019, the nonprofit news service, ProPublica, published a story about health care fraud. The story, which included reporting about a Texas-based personal trainer, shows how easy it can be to bill health insurance providers for services despite lacking any legal basis for doing so.

Unfortunately, as the ProPublica report points out, there are some problems with the current health care billing system. The Medical License Verification Act would change that.

Obtaining a National Provider Identifier number

Could you face prosecution for Paycheck Protection Program (“PPP”) Loan Fraud?

Published on: June 12, 2020 | By Conaway & Strickler, P.C.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020.

A major part of the CARES Act provided for a total of $669 million in federal funds to be designated for financial relief for small and medium-sized businesses impacted by the COVID-19 pandemic. The crush of applications meant the fund ran out in minutes. Lenders scrambled to handle applications and disburse money to struggling businesses, with 4 million disbursements made by the middle of May. However, many companies that were eligible were unable to access assistance. Public outcry about nationally recognized businesses receiving funds led to the Small Business Administration and Treasury Department establishing a “Safe Harbor” return program whereby businesses could return loans. The Safe Harbor deadline, originally set for May 7, was extended twice but ended on May 18.

Now, federal authorities are investigating and filing fraud charges against those thought to have taken advantage of the new program. Applicants who falsely certified any part of the loan request could face criminal charges, fines, and restitution. In addition, as forgiveness applications are submitted and approved, use of PPP funds for anything other than allowed business purposes could subject applicants to investigation.

After a Data Breach, What to Do?

Published on: May 14, 2020 | By Conaway & Strickler, P.C.

After the Hack: A Data Breach Post Game Show

As chair of the Cyber Crime committee at iTechlaw, Meg Strickler gives her insight on data breaches from various perspectives on an iTechlaw webinar this week. She and the other panelists discuss:

The criminal charge of BEC (Business email compromise) fraud

Why mail fraud is considered a serious offense

Published on: July 26, 2019 | By Conaway & Strickler, P.C.

Just as in every state, people in Georgia utilize the USPS on a daily basis. While it is generally a very ordinary activity, sometimes the mail is used as a venue to facilitate a crime. Charges for mail fraud are very serious and a conviction can come with stiff financial penalties and prison time. But why might just a small aspect of crime be considered so seriously?

According to the United States Postal Service, mail fraud is any kind of fraud that uses the mail. It does not matter whether it begins on the telephone, online or through the mail. Once any part of the commission of a crime goes through the mail system it is considered a federal offense known as mail fraud. The most common categories of mail fraud are financial, employment, telemarketing, sweepstakes, telemarketing and fraud against veterans or the elderly.

In fact, The New York Times reported that mail fraud charges were included in a list of criminal charges in the recent college bribery admissions scandal involving actresses Lori Loughlin and Felicity Huffman. Fifty people were charged with various crimes in this complicated criminality. In addition to the television stars, others implicated were college consultants, parents and college athletic coaches. Although the sheer sum of money made bribery appear to be the most important aspect of the scandal, the list of criminal charges included conspiracy to commit mail fraud and honest services mail fraud.

How does Georgia define fraud?

Published on: May 21, 2019 | By Conaway & Strickler, P.C.

Issues of fraud most often arise from business transactions in Atlanta. Thus, if and when you find yourself in the position of acting as a broker or agent of another in such a transaction, you should be aware that your actions will be highly scrutinized by those who entrusted you with assets. Any losses (accompanied by your profits) may immediately be met with skepticism and accusations. Defending yourself from allegations of fraud requires that you understand how Georgia defines this offense.

Section 16-8-3 of Georgia’s Code of Crimes and Offenses states that obtaining property by deceitful means or artful practice with the intention of depriving another of that property constitutes fraud. Notice the inclusion of the words “with the intention of.” Per the law, you cannot accidently commit fraud. Rather, you must have intended to secure a business partner’s property through your actions.

Proving intent might seem difficult given that it is seemingly so subjective. Fortunately, the state has provided a well-defined explanation of what it views as intent. It includes:

Allegedly doctored records led to man being accused of fraud

Published on: April 23, 2019 | By Conaway & Strickler, P.C.

In any fraud case in Atlanta, the central issue may be the establishment of intent. Proving that one committed fraud may require establishing that they engaged in their actions knowing full well of that what they were doing was unlawful and likely to cause harm. Thus, those who perform any sort of financial service may want to maintain meticulous records as the review of such documents may go a long way in establishing that they might have been operating in good faith all along. Conversely, poor record keeping may be seen by some as evidence that one was wanting to conceal their actions from others.

It was question about potentially falsified records that led authorities to investigate a Louisiana man who was recently arrested and accused of Medicaid fraud. Among the many businesses linked to the man was a transportation company targeted exclusively at Medicaid patients. Authorities say that the driving logs for this company were purposefully doctored and included forged signatures, which prompted the fraud charges being filed against the man and one of his employees. The man is also accused of falsifying his financial records so that he himself could qualify for Medicaid, even though him being a Medicaid service provider disqualified him from coverage.

In some cases, evidence supporting the falsification of records may be clear. In others, there may be doubt. In such cases, being able to produce legitimate records proving one’s innocent intentions may be the key to escaping from having to face criminal charges. Having an experienced attorney on one’s side may also prove to be a benefit worth having during such a time.