Georgia Criminal Defense Lawyers Blog

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.

The consequences of revenge porn charges

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

Cases that involve unlawful pornography can be tough for a plethora of reasons. First, these cases carry a harsh stigma, and those who are accused of wrongdoing may feel too ashamed to stand up for themselves (even when details have been exaggerated or they are falsely accused of unlawful behavior). Moreover, some people may not be aware that certain types of behavior are against the law, especially since laws involving pornography have changed in recent years. In Georgia, for example, it is against the law for people to share nude images of their ex without their consent (this is known as revenge porn).

Revenge porn charges can lead to a number of harsh consequences. Those charged with breaking this law may face financial penalties and even time behind bars. For example, someone who is accused of sharing revenge porn again after they have been charged with this offense in the past may be sentenced to prison. Aside from the legal repercussions of revenge porn charges, one’s reputation may be completely destroyed. This could cause problems for them in regard to their career, and it may also cause personal relationships to fall apart.

If you have been accused of illegally sharing revenge porn, it is important to have a solid understanding of your legal options and figure out how to move forward. You should be aware of the potentially serious consequences you could face and try to identify the best way to handle this situation. Our cybercrime page has more related to revenge porn charges.

Handling false allegations of online harassment

Published on: April 6, 2019 | By Conaway & Strickler, P.C.

Online crime charges take many forms, but harassment is an especially tricky issue to deal with in many instances. People may be charged with harassment for a number of reasons, whether they were unaware that their behavior was against the law or they are even falsely accused of online harassment. For example, someone may break up with a spouse or partner and their ex may try to shatter their reputation and bring legal consequences by falsely accusing them of harassing them over the internet. We know how challenging these cases can be and it is pivotal to protect your interests.

If you have been accused of online harassment, it is pivotal to immediately go over your legal options, the ins and outs of the alleged incident(s) and the best course of action. Your future may be at stake, whether you run the risk of losing your job as a result of these allegations or you face serious penalties. If you are the parent of a teen who has been accused of cyber harassment, for example, it is equally important to protect their future by carefully examining the situation and exploring the legal options that may be on the table. Many teens have been falsely accused of harassment by a former friend or an enemy at school.

The consequences of these charges are not to be taken lightly and the outcome of an online harassment case could have a significant impact on your future. We cover other issues concerning this area of law on our blog.

Variations on a traditional Ponzi scheme

Published on: April 5, 2019 | By Conaway & Strickler, P.C.

Whenever news breaks of a developing Ponzi scheme, it becomes a topic of conversation in many Georgia households. Some people may be under the misunderstanding that this illegal activity is limited to situations where money is invested for unnaturally high returns. However, potential investors should be aware that Ponzi schemes are a type of fraudulent activity that can take on many different forms.

According to Forbes, the U.S. Securities & Exchange Commission has been cracking down on a certain kind of Ponzi schemes that are promising safe gains. If the purported investment is offering “safe and secure” returns, people may not realize that this might be a scheme designed to bilk them of money. And as a result, they might not be as conscientious with their pre-investment research.

Other times, Ponzi schemes take on unusual types of “investments.” The New York Times reported that one recent Ponzi scheme even tried to capitalize on the high demand for tickets to the successful Broadway musical “Hamilton.” Two men raised $81 million from 125 investors after these investors believed that their capital was being used to buy large blocks of tickets to the show which would then be resold at a large profit. Because the type of investment was not a financial product, but rather theater tickets, it may not have raised red flags to those who thought it sounded like a good way to make money.

Georgia’s view on cyberbullying

Published on: April 1, 2019 | By Conaway & Strickler, P.C.

People in Atlanta tend to view cybercrime is hacking attacks launched by sophisticated “tech-heads” to either steal information or interfere with an organization’s online activities. Yet the actual definition of cybercrime is criminal activities out with computers or via the Internet. Applying this definition could make cause cybercrime to hit closer to people’s homes in the form of cyberbullying. Bullying itself is an age-old issue, yet cyberbullying is a relatively new problem. While the perceived impersonal nature of the Internet may cause some to believe that their online actions are viewed differently than by those they engage in person, the law often does not differentiate.

Cyberbullying is a perfect example of this. While there certainly instances of adults bullying other adults online, cyberbullying is a problem typically associated with children and teens. Indeed, information compiled by the U.S. Department of Health and Human Services shows that 15 percent of high school students report being bullied via electronic media. Teens and tweens might mistakenly believe that whatever they post on social media platforms, send through emails or communicate through instant or text messages is always viewed as being perfectly innocent given that disconnectedness of the medium of the Internet empowers them to say things that they do not actually mean.

Yet from the perspective of the state of Georgia, cyberbullying is akin to stalking. Section 16.5.90 of the state’s Crimes and Offenses Code classifies stalking as “follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.” Recent years have seen the state include communications via computer to qualify as “contact” under this statute. Youths who face cyberbullying charges must prove a lack of harassing intent in their online communications.

Embezzlement versus theft

Published on: March 27, 2019 | By Conaway & Strickler, P.C.

People work hard to secure and maintain their funds, and a disruption in that can be very detrimental to their way of living. For this reason, any type of theft charge is quite serious.

Even though it is a white collar crime, embezzlement is still a federal crime. Though theft and embezzlement are related in some ways, they are different in the sight of the law.

Embezzlement

Discussing drug charges with your loved ones

Published on: March 17, 2019 | By Conaway & Strickler, P.C.

People often have a myriad of questions when they are charged with a drug offense, and they may be uncertain about how the charges will impact their future and the different penalties they might face. For some people, these charges can be especially difficult because they have no idea how to bring this topic up with family members. For example, someone may be terrified of talking about this matter with their spouse, with their children or with their parents. In Atlanta and across Georgia, many people have had to face these challenges.

A young person living with his or her parents may be worried that they will be kicked out of the home, or that their parents will no longer pay for their college tuition. Or, someone may have concerns that their spouse will leave them as a result of the situation, or that their relationship with their parents will be permanently shattered. These are just a few of the reasons why drug charges can create conflict within a family, and it is crucial to approach this topic with caution.

First of all, every drug case is unique and someone who has been charged may be able to improve their circumstances by taking the right approach (which may also help them explain their situation to family members). It is pivotal to have a thorough understanding of what took place as well as any legal options that could be open to you and reflect on the allegations carefully before discussing the charges with loved ones.

Avoiding unlawful tax avoidance strategies

Published on: March 10, 2019 | By Conaway & Strickler, P.C.

Most in Atlanta have been raised believing that there are only two inevitabilities in life: death and taxes. There are some, however, that might say that the latter is not necessarily inevitable. Advertisements from providers offering advice and services to help people reduce their tax liabilities often pepper popular media. Some might even claim to know the secrets to avoid having to pay taxes altogether. Many may wonder which (if any) of these services are legitimate.

Understanding which tax avoidance strategies is critical if one wants to avoid facing federal tax evasion charges (indeed, according to information shared by the Internal Revenue Service, 2,886 criminal tax evasion cases were initiated in 2018 alone). Minimizing one’s tax liability is viewed as being a component of a successful personal finance strategy. The trick understanding how to do so within the confines of the law.

The issue typically comes down to a matter of reporting. Tax avoidance is typically legal as long as one still provides all of their pertinent financial information on a return and said information is accurate. This offers proof that one’s claims of not having to pay a certain tax are credible. One should keep in mind, however, that such information must be able to be verified. In its Tax Crimes Handbook, the IRS lists the most common form of tax crime as individuals under-reporting income or falsely inflating their deductions.

Allegations of accounting embezzlement

Published on: March 9, 2019 | By Conaway & Strickler, P.C.

White collar crimes take on many different forms, and in this blog, we will look into accounting embezzlement and some of the consequences that people may face when they find themselves accused of this offense. Aside from the legal penalties associated with embezzlement, there are many other hardships which someone may experience if they are accused of this offense. For example, they may face serious consequences in their career, whether they lose a job they have counted on for many years or are unable to land a new position years down the road. These are just some of the challenges that people charged with embezzlement may face and handling these allegations properly is vital.

As an accountant, accusations of embezzlement can be very serious. In some instances, these cases result from misunderstandings, while others may be framed and falsely accused of embezzlement or certain details may be exaggerated. Regardless of the unique details of your case, it is imperative to handle the situation cautiously and realize how much your life could be impacted by the charges. Not only could you face career problems, but your reputation may be shattered. For example, others in the community may look down on you and it might be difficult for you to find work in an entirely different field as well.

When it comes to embezzlement and other white collar crime cases, there may be unique details that can impact the outcome of the case. Handling embezzlement charges properly is absolutely essential and you may have numerous legal options.

Older adults and drug charges

Published on: February 24, 2019 | By Conaway & Strickler, P.C.

When people think of the typical person who finds themselves facing drug charges, they may envision a teenager or a young adult. Many younger people are charged with drug crimes, but it is important to remember that adults of all ages may be charged with a drug-related offense. Older adults may find themselves in this difficult position for various reasons, whether they are addicted to an unlawful substance or they face charges as a result of prescription medication that they take. If you are an older adult facing drug charges, it is pivotal to know which legal options are in front of you.

Drug charges can arise for various reasons, whether someone is pulled over and found to have unlawful substances in their possession or they are busted while attempting to acquire illegal drugs. Some older adults may take illegal opiates as a result of pain they have been struggling with, or an opiate addiction that resulted from chronic use of pain medication. Moreover, some older adults may take medications without a prescription, which can also be against the law. Drug charges carry a harsh stigma for all people, regardless of their age, and the consequences can be very disruptive.

If you have been charged with a drug offense, you may be unsure of how to handle the situation. You may be worried about your future and how the charges will affect your life, or you could be afraid of what people will think. As a result, it is pivotal to approach a drug case correctly.