Georgia Criminal Defense Lawyers Blog

Federal Crimes: Counterfeiting 101

Published on: April 10, 2014 | By Conaway & Strickler, P.C.

Federal Crimes: The United States, until recently, left counterfeit issues to the civil arena. If the situation needed to be addressed criminally, the federal government left it up to the states. The Anti-Counterfeiting Act of 1984 was drafted to make it easier to bring criminal charges at the federal level.

In 1994, Congress added counterfeiting under 18-USC §2320 (c)(7)(D) to the list of violations that constitute “specified unlawful activity” under the money laundering statute, 18 U.S.C. § 1956. Thereforce, proceeds allegedly gained from trafficking in counterfeit goods can now form the basis of a money laundering charge. This effectively “beefed up” the government’s ability to prosecute these cases. Penalties for violations of § 1956 and § 1961 are substantially greater than for trafficking in counterfeit goods. A violation of § 1956 carries a maximum sentence of twenty years in prison and a fine of $500,000 or twice the amount involved in the transaction. There is also a civil penalty of up to $10,000 or the value of the funds involved in the transaction, whichever is greater. In 1996, § 1961 was amended to include § 2320 as a RICO “predicate offense”. Once again, this “beefed up” the government’s ability to prosecute these type of cases with much more severe penalties. A violation of RICO carries a maximum penalty that includes twenty years’ imprisonment and a fine of up to “twice the gross profits or other proceeds” of the racketeering activity. 18 U.S.C. § 1963. Long and short of this brief legislative history of counterfeiting laws in the US, is that a case is prosecuted much more punitively than a mere 30 years ago.

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White Collar Crimes: Georgia man charged with bank fraud

Published on: April 4, 2014 | By Conaway & Strickler, P.C.

White Collar Crimes: In some cases, bank employees can make mistakes on a customer’s account. Some of these mistakes are minor and easily corrected while others can prove costly. A bank employee reportedly made an error by depositing $31,000 into a customer’s account. Now, a Georgia man has been arrested for bank fraud.

According to reports, a bank teller accidentally deposited $31,000 into a man’s account. This may have been a case of mistaken identity since the funds that were deposited were for another bank customer with the same name. However, the man did not make the bank aware of this and allegedly withdrew almost $25,000 in multiple ATM withdrawals. He made a series of purchases, including fast food restaurant and grocery charges thus escalating the case and being charged with a number of white collar crimes. For more discussion on this, see this entry.

He also reportedly made a purchase at a car dealership. The bank eventually discovered the mistake and made contact with the man for payment arrangements. However, when he was unable to repay the bank, he was arrested. His bond amount, if any, is dependent upon his upcoming bond hearing.

Drug charges for Georgia physician and others

Published on: March 19, 2014 | By Conaway & Strickler, P.C.

Drug charges can typically carry long-lasting repercussions for those who are convicted, in addition to possible jail time. Understandably, Georgia officials and the federal government take these types of cases seriously and commonly prosecute this type of accusation to the fullest extent possible under the law. A doctor and three other suspects were charged with the illegal distribution of prescription pain pills in this alleged traveling “pill mill.”

According to reports, authorities launched an investigation that lasted for three years by multiple agencies. Reportedly, the physician would make visits to casinos and become acquainted with the employees while on location. He would allegedly write out prescriptions for a large number of painkillers. When apprehended by law enforcement, the doctor and three others were federally charged with illegally distributing prescription painkillers. Please see this entry.

If the suspects are convicted, they could face up to 20 years in prison for conspiracy with intent to distribute Oxycodone. In addition, the suspects could face up to 10 years in prison for possession with intent to distribute hydrocodone. Furthermore, they could face fines totaling $1 million. So far, the doctor has made an initial appearance in court.

Federal Crimes: FATCA What is it?

Published on: March 12, 2014 | By Conaway & Strickler, P.C.

Federal Crimes: FATCA stands for Foreign Account Tax Compliance Act. Back in March, 2010, United States legislators decided that the Internal Revenue Code was not bulky enough, and therefore added yet more chapters, 26 U.S.C. §1471-1474. The U.S. has been hard at work on pushing for increased tax compliance amongst U.S. taxpayers with foreign accounts and assets. FATCA forces foreign financial institutions (FFI) to disclose information on foreign accounts held by US citizens to the Internal Revenue Service.

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Although the effective date for FATCA was January 1, 2013, another new deadline is looming. Foreign banks must register with the IRS by June 30, 2014. A foreign financial institution could face significant consequences if it fails to enter into an agreement with the IRS. Institutions must now report to the IRS US taxpayers with overseas bank accounts. Failure to report certain transactions to the Internal Revenue Service will result in a 30% withholding penalty. FATCA’s intent is to lessen the ability to avoid paying US taxes. But, it is also a major step in global Orwellian information sharing.

Georgia man faces state criminal charges in wife’s death

Published on: March 7, 2014 | By Conaway & Strickler, P.C.

A wedding day is one of the most exciting events that someone can experience. Unfortunately, a newlywed Georgia couple never made it to their honeymoon. A man is facing state criminal charges following an accident that took his wife’s life.

The couple was on their way to their destination following the wedding reception. Authorities indicate that the crash happened when the suspect was reportedly attempting to avoid striking a dog. This attempt caused the vehicle to go off the road, resulting in the suspect’s wife being thrown from the vehicle. However, when the suspect’s blood alcohol content level was tested, the results allegedly showed that he was at .114 percent.

Authorities placed the suspect under arrest after he turned himself in and charged him with vehicular homicide and reckless driving. He was also charged with driving while intoxicated and failure to stay in a lane. He has since been released from jail on a $25,000 bond.

Federal crimes: Stealth provision outlaws dog fight attendance

Published on: February 13, 2014 | By Conaway & Strickler, P.C.

Not long ago, U.S. Congress passed a major farm bill. While this proved to be a significant news item, one aspect of the bill that is likely to have repercussions in the world of the law of federal crimes went nearly unnoticed. As a result of this legislation being signed into law, it is now a federal crime to attend an animal fighting event.

According to reports, it had previously been a crime to charge those who organized dog fights, but the legislation will now provide federal law enforcement officials with the authority to charge anyone who simply attends these events.

In addition to making it illegal on a federal level to attend a dog fight, a person can also be charged for bringing a child under the age of 16 to an event. Of course, this would only create additional trouble for someone who is charged under the new law.

Sex Crimes-Sexting teens could face child pornography charges

Published on: January 29, 2014 | By Conaway & Strickler, P.C.

Many teenagers today spend a lot of time on their mobile devices. After all, these devices are often used as the primary mode of communication among young people. At the same time, teens are subject to peer pressure and may not always use clear judgment when using their cell phones. Sex crimes charges can happen much more quickly than one could possibly imagine.

Recently, Georgia law enforcement officials noted a trend: Many young people are sending sexually explicit images to each other with their mobile devices. What they might not know, however, is that “sexting” could yield charges for sex crimes.

According to Georgia state laws, it is illegal for anyone to create or distribute explicit images of a minor. This means that a minor teen who sends an explicit picture to another teenager is technically in violation of child pornography laws.

Criminal defense: Man released 20 years after wrongful conviction

Published on: January 15, 2014 | By Conaway & Strickler, P.C.

From time to time, young people will make mistakes. Combining peer pressure with decision-making skills that aren’t fully developed can lead teens into very unfortunate circumstances that can result in very serious consequences and entry into the black hole that is the criminal justice system where criminal defense is a must at the earliest points.

In 1993, a young man found himself facing charges for a double murder. When the 16-year-old boy, who lived in a rough neighborhood and dropped out of school, was bragging to his cousin, he said that he’d committed a recent drive-by shooting. Soon, police cornered the teen and pressured him into a confession. The young man was convicted in 1995 and sentenced to prison.

Almost two decades later, light was finally shed on the young man’s case. Now a 36-year-old man, the murder suspect was released from prison based on the revelation that he was forced into a false confession.

White Collar Crimes: GA lawmaker cleared of fraud charges

Published on: December 31, 2013 | By Conaway & Strickler, P.C.

When a person is accused of white collar crimes, the burden of proof is placed on law enforcement and the prosecution. This means that the accused individual is considered innocent of criminal wrongdoing unless prosecutors can provide enough evidence to demonstrate a person is guilty beyond a reasonable doubt.

Part of the prosecution’s burden is to demonstrate criminal intent. In the case of fraud charges, for example, it would be necessary to show that the defendant was knowingly and willfully dishonest with his or her conduct for a conviction to occur.

Not long ago, a Georgia state senator, Don Balfour, was acquitted of 18 felony counts based on allegations of fraud. Law enforcement said that Balfour knowingly took money from the state by falsifying expense reports related to his work as senator. Additionally, he was accused of billing both the state and another employer for the same expenses.

Drug crimes: Mandatory sentences may lead to unfair outcomes

Published on: December 20, 2013 | By Conaway & Strickler, P.C.

Defendants should always take drug charges seriously, no matter the nature of the allegations being made. However, if the charges are being handled as a federal criminal matter, the stakes may be even higher. Not only do federal law enforcement officials and prosecutors have significant resources at their disposal, but the potential consequences for conviction are often more serious that those issued for state-level charges.

A recent report from the New York Times illustrates the tremendous hurdles that defendants often deal with when they are charged with federal drug crimes. The reality is that mandatory sentencing guidelines and additional penalties added by judges can lead to incredibly long sentences, particularly if defendants exercise their right to go to a trial by jury and offer a defense against the charges.

Statistics from Human Rights Watch show that people plead guilty an overwhelming 97 percent of the time when they are subject to federal drug charges. This is the result of what the organization calls the “trial penalty.”