Georgia Criminal Defense Lawyers Blog

Acceptance of Responsibility at Sentencing

Published on: May 1, 2024 | By Conaway & Strickler, P.C.

Acceptance of responsibility is a concept in that appears in many federal criminal cases. It refers to the idea that a defendant acknowledges their culpability for the offense they are charged with. This is not just admitting guilt, but also demonstrating remorse and a willingness to cooperate with authorities. The defendant must genuinely take responsibility for their actions and the consequences that result from them. Acceptance of responsibility can play a significant role in determining a defendant’s sentence, as well as a defendant’s overall standing in the eyes of the court.

One way in which acceptance of responsibility is often demonstrated is through the defendant’s guilty plea. When a defendant pleads guilty, they are admitting to the charges against them and accept the consequences that come with those charges. This can be seen as a sign of acceptance of responsibility, as the defendant is acknowledging that they committed the crime and is willing to accept the punishment for it. Aside from pleading guilty early in the legal process, acceptance of responsibility is often demonstrated through actions such as cooperating with law enforcement or prosecutors, showing remorse for one’s actions, or taking steps towards rehabilitation and/or restitution.

During federal sentencing, a defendant who has exhibited remorse can be awarded either a two- or three-level decrease in their calculated guideline range based on USSG § 3E1.1 Acceptance of Responsibility. A majority of federal criminal defendants who plead guilty receive this sentencing decrease; but, whether it applies to a case is ultimately within the court’s discretion. Section 3E1.1 is relevant only in the federal system; however, on the state level, the general concept of accepting responsibility is still applicable at sentencing.

Recent Overview of the False Claims Act

Published on: April 16, 2024 | By Conaway & Strickler, P.C.

Settlements and judgments under the False Claims Act have reached a unprecedented high in the United States. According to the Department of Justice in a press release, there were 543 settlements and judgments in the 2023 fiscal year, which exceeded over $2.68 billion. In the release, Principal Deputy Assistant Attorney General Boynton states “As the record-breaking number of recoveries reflects, those who seek to defraud the government will pay a high price.”

The False Claims Act (FCA), also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies who defraud governmental programs. This includes submitting false invoices, making false statements to get paid by the government, or avoiding payment of money owed to the government. The law was originally enacted during the Civil War to combat fraud by government contractors supplying the Union Army with substandard goods; however, the FCA was strengthened in 1986, when Congress increased incentives for whistleblowers to file lawsuits alleging false claims on behalf of the government.

Under the FCA, individuals or entities can be held liable for knowingly submitting false or fraudulent claims for payment to the government. The FCA allows private individuals, known as “whistleblowers” or “relators,” to file lawsuits on behalf of the government and share in any monetary recovery. These lawsuits are known as qui tam actions. If the government intervenes in the lawsuit and recovers funds, the whistleblower is typically entitled to receive a portion of the recovered amount, often ranging from 15% to 30%. In fiscal year 2023, whistleblowers filed 712 qui tam suits, and this past year the Justice Department reported settlements and judgments exceeding $2.3 billion in these and earlier-filed suits.

Arrested at the Airport: What’s Next?

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

IMG_1293-768x1024 Airports are high security environments with strict rules enforced through law enforcement, federal agents, TSA checkpoints, drug-sniffing dogs, US Marshals aboard flights, and more. Being arrested at an airport is overwhelming, scary, and often times, completely unexpected. However, the consequences of these arrest can be serious and long-lasting. An arrest at an airport could lead to detention by law enforcement, criminal charges, and the need to retain legal representation.

If you are arrested at an airport, you may be taken into custody and transported to a detention center or police station where you will be held and processed until further legal proceedings. However, this does not always happen at the airport – you may leave the airport and later have a warrant issued for your arrest. In that case, you would still need to turn yourself in for processing with law enforcement. In either circumstance, it is essential to remember your rights, including the right to remain silent and the right to legal counsel. Contacting an experienced criminal defense attorney will help you navigate that distressing process with an advocate by your side.

Airport arrests can lead to severe criminal charges depending on the circumstances of your case. Common criminal charges in this context cover a broad range including drug offenses, sexual offenses, firearm offenses, DUIs, disorderly conduct, battery, theft, trafficking, and fraud. You could also be arrested at the airport for entirely unrelated criminal charges if you are simply identified and apprehended pursuant to an active arrest warrant, such as this recent arrest in Atlanta. Committing crimes while aboard an aircraft (like interfering with the performance of the duties of a flight crew) can lead to federal criminal charges and even more severe penalties. Many of these charges carry significant terms of imprisonment and hefty fines.

What is a “Pig Butchering” Scam?

Published on: March 11, 2024 | By Conaway & Strickler, P.C.

A new type of fraudulent online investment scheme has led to thousands of victims worldwide and significant financial losses. In a pig butchering scam, victims are gradually lured into making financial contributions to a seemingly sound investment only to have the person they are dealing with subsequently disappear with the funds.

These types of schemes originated in 2020 and have gained international momentum through the use of social media platforms and online dating applications. In a departure from conventional financial scams, these fraudsters focus on psychological manipulation of victims by crafting elaborate fake identities to establish romantic or emotional connections with their targets.

After the scammer creates a fake online persona, the scam begins by initiating contact with a target. Often, the scammer will pretend to have stumbled across a “wrong number” as they contacted the victim. The next step is starting a conversation with a potential victim to gain their trust. The scammers often initiate benign chats about life, family, and work, and they’ll fabricate details about their own life that make them seem similar to you. Once the scammer gains trust, they will eventually pivot the conversation to investing and making claims about their own purported success with investments.

Prior Crimes & Evidence of “Similar Transactions”

Published on: February 8, 2024 | By Conaway & Strickler, P.C.

In criminal proceedings, the State often attempts to use evidence of “similar transactions” against a defendant. This typically comes in the form of the State introducing evidence at trial of a defendant’s prior crimes to help prove that defendant’s guilt.

Under O.C.G.A. § 24-4-404(b), evidence of other acts can be introduced by the prosecution to prove a defendant’s “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” This type of evidence is only admissible if the State shows:

“(1) that it seeks to introduce the evidence not to raise an improper inference as to the defendant’s character but for some proper purpose; (2) that there is sufficient evidence to establish that the defendant committed the independent offense; and (3) that there is a sufficient connection or similarity between the independent offense and the crime charged so that proof of the former tends to prove the latter.” Amica v. State, 704 S.E.2d 831 (Ga.App. 2010).

The Intersection of Crime and Non-Fungible Tokens (NFTs)

Published on: November 14, 2023 | By Conaway & Strickler, P.C.

An NFT, or Non-Fungible Token, is a digital asset representing ownership or proof of authenticity of a unique item or piece of content using blockchain technology. Unlike cryptocurrencies such as Bitcoin or Ethereum, which are fungible and can be exchanged on a one-to-one basis, NFTs are non-interchangeable and one-of-a-kind. As long as you’re following copyright laws and selling legitimate assets, creating, selling, and reselling NFTs is legal. However, due to the decentralized and anonymous nature of the crypto world, NFTs come with a host of legal issues. Like with most digital innovations, regulatory legislation has been slow to catch up and establish clear guidelines; still, wrongful use of NFTs can implicate an array of criminal charges.

Money Laundering refers to the illegal process of concealing the origins of money obtained through criminal activities, making it appear as if it comes from a legitimate source. This is criminalized under 18 U.S.C. § 1956. Money laundering using NFTs involves the illicit use of these digital assets to disguise the origins of illegally obtained funds. In this context, individuals create a fake record of sales on the blockchain by selling NFTs to themselves using different accounts. Once finished, they sell the NFT to an unsuspecting buyer and repeat the process.

Fraud has grown increasingly common in the crypto landscape due to its anonymous and decentralized nature. Fraud involving NFTs can manifest in various ways due to the unique characteristics of these digital assets. This is mostly being prosecuted as wire fraud under 18 U.S.C. § 1343. Some common forms of fraud associated with NFTs include:

Early Termination of Federal Probation

Published on: October 12, 2023 | By Conaway & Strickler, P.C.

Under 18 U.S.C. § 3564(c), a federal court may modify or terminate a term of probation, or supervised release, that has been previously imposed. For a federal misdemeanor, a term of probation can be modified or terminated at any time. For felonies, however, the defendant must have completed at least one year of their federal probation before the Court may modify or terminate the sentence.

In deciding whether to terminate probation early, the Court will consider the factors set forth in 18 U.S.C. 3553(a). The 3553(a) factors include: the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need for the sentence imposed to afford adequate deterrence to criminal conduct, the need for the sentence imposed to protect the public from further crimes of the defendant, the need for the sentence imposed to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment, and the need for the sentence imposed to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.

After a defendant files a petition to have their sentence modified or terminated, it is the Judge’s decision whether probation should be terminated early. This judge will often be the same judge that imposed the original sentence. In most cases, judges deny requests; however, certain factors can strengthen a defendant’s request for early termination of probation. Overall, to successfully terminate a term of probation, the defendant must show that they have earned it through good conduct, and it would be in the interests of justice.

Conaway & Strickler, PC In The News

Published on: October 6, 2023 | By Conaway & Strickler, P.C.

Meg Strickler often discusses the law in the media. Recently, with all of the attention of the former President Trump being charged in several indictments, Meg Strickler has been quite busy discussing her thoughts on the various cases. She was asked by NBC 11 Alive more than once for her thoughts on the RICO Trump indictment in Fulton County. She also was featured in an article by the BBC, among others.

Georgia’s RICO act can be used by county district attorneys in a variety of ways including both Trump and the Cop City indictment in Dekalb County. The state of Georgia RICO statute is even more broad than the federal RICO statute.

The RICO statute is explained in another blog by Conaway & Strickler, PC. Feel free to contact us if you should have any questions on RICO and more importantly, should you or someone you love be facing a state or federal RICO charge.

FAQ for Georgia Nursing License Issues

Published on: October 1, 2023 | By Conaway & Strickler, P.C.

What does the Georgia Board of Nursing Regulate?

The Georgia Nursing Board regulates:

Licensed practical nurses (LPNs)

SHUT UP! Never speak with law enforcement without a lawyer

Published on: September 30, 2023 | By Conaway & Strickler, P.C.

In 25 plus years of practicing law, I find this is the one rule clients of mine perpetually break. Every single word uttered can impact the outcome of a case. So, if you have a early morning or early evening, “knock and talk” SHUT UP! Please state that you want a lawyer and then you can potentially give a statement. Criminal investigators of all kinds (IRS agents, FBI, Detectives, DFACS, etc) are trained to make one feel at ease and that “this is no big deal”. Wrong. It IS a big deal. Remember they are recording you, and everything you say can and will be used against you.

You have the right to say nothing! Use it.

Don’t hand them your phone either. Please. Don’t allow them to search anything unless they have a valid search warrant. Be super nice to them and cooperate/be compliant but do not “consent” to a search. You are doing nothing wrong by asking for a lawyer before you speak or work with them.