Georgia Criminal Defense Lawyers Blog

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.”

Identity Theft: The government is getting aggressive

Published on: December 17, 2013 | By Conaway & Strickler, P.C.

The government is getting aggressive in its fight against fraud and identity theft cases. See Tax Return Preparer Convicted of Identity Theft as an example. At Conaway & Strickler, we have handled many identity theft and fraud cases. A criminal identity theft case can begin in many ways, such as being arrested trying to cash a fraudulent check at the bank. Or, a person could be pulled over for a traffic infraction. Once pulled over, a search by the police may turn up multiple IDs, multiple credit cards, etc. The arrest may begin at the state level, but the fe ds then work to build a federal case against you while they have you stuck under the conditions of a bond. The biggest piece of advice we can offer if that person is you is DON’T SAY ANYTHING. There are potential motions we could argue that could benefit your case. The more statements one makes, the more information the government gains. Contact Conaway & Strickler ASAP so that we can guide you to a positive resolution to your case.

Another issue one could face is the concept of “relevant conduct”. If you are involved only peripherally, you could face an indictment with all co-conspirators, and thus face the sentencing guidelines related to the TOTAL loss amount by each individual involved. Once again, it is imperative that you contact a lawyer as soon as you can, to avoid the many pitfalls in navigating the criminal justice system.

As you can see in the example case cited above, that individual chose to use his constitutional right to a jury trial, and lost.

Federal Crimes charges for Rapper in Atlanta

Published on: December 4, 2013 | By Conaway & Strickler, P.C.

When a person is convicted on federal crimes that are a felony, there are a variety of legal consequences, some of which aren’t limited to prison time. For example, people convicted of a felony aren’t allowed to own a firearm. Simply owning a gun under these circumstances can result in serious criminal charges.

Rapper Gucci Mane, who is legally named Radric Davis, was recently struck with two counts of federal crimes for possessing a firearm as a convicted felon. In total, Mane could spend 20 years in prison if he’s convicted and handed the maximum sentence.

According to police reports, Mane was charged on two counts as the result of two incidents involving different weapons. The rapper was arrested in Atlanta earlier this year after police received a tip from one of his friends. The police responded to the friend’s concerns that Mane was behaving strangely. When police arrived, the rapper threatened police and was found to be in possession of a gun.

White collar crimes and reality TV stars?

Published on: November 22, 2013 | By Conaway & Strickler, P.C.

Reality television stars involved in white collar crimes? Reality television has developed a reputation for not being entirely authentic, based on the idea that many of the shows are actually scripted. Regardless of whether or not this perception is true, two reality TV stars are currently dealing with a very real problem: Teresa and Joe Giudice have been charged by federal authorities for several counts of fraud. The “Real Housewives of New Jersey” cast members pled not guilty to all of the charges. Pleading not guilty at arraignment is very normal. What will happen next is the question.

Reports from federal court specify that the Giudices were both charged with the white collar crimes of one count of bank fraud and loan application fraud. The charges stem from the accusation that the couple inaccurately reported their monthly income when they were applying for a loan.

Unfortunately, these fraud charges are the latest in a string of legal troubles facing the celebrity couple. In fact, they couple pled not guilty in another criminal case for providing false income and tax information. Additionally, Joe Giudice has been accused of filing false tax returns. The hope is that these legal challenges will not create an unfair bias in the most recent case.