Georgia Criminal Defense Lawyers BlogWhat does the Georgia Board of Nursing Regulate?
The Georgia Nursing Board regulates:
Licensed practical nurses (LPNs)
Assault Allegation Acquittal
Healthcare Fraud Allegations Charges Dropped
Healthcare Fraud Probation
Federal Corruption Charges Probation
Federal Securities Fraud SEC Settlement, No Criminal Charges
SHUT UP! Never speak with law enforcement without a lawyer
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.
What is a PSR Interview?
The PSR interview consists of meeting with the assigned probation officer for about two hours, and you have the right to have your attorney present during the interview. The probation officer will ask you about, among other things: your childhood, any abuse you have gone through, family members and their support of you, places you have lived, marriages, divorces, children, medical history, mental health, education, military service, any drug problems, your past arrests and convictions, any terms of probation or parole, and, about how you got involved in the offense.
Your probation officer will also ask you about how you’ve accepted responsibility for breaking the law. It is important to be aware that, in the federal system, defendants who do not clearly accept responsibility for their actions can receive harsher sentences than those who admit they broke the law, follow the rules of the Court, and continue to follow the law.
Your probation officer will also ask you about the assets you and your spouse own, any cash you have, and any debts you owe. This is because in some cases the Court is required to determine if you have the ability to pay a fine or, in some cases, restitution to victims. Restitution can be mandatory, and the financial information you provide will be used to determine monthly payments. Because of this, and because your officer will investigate and confirm the information you provide, it is very important you give truthful information about your financial situation. You may also be asked to provide documents such as, but not limited to, statements, deeds, and titles, which support the information you provide verbally, and on a variety of financial forms. Finally, you will be asked to sign a variety of release forms that will allow your officer to access government records, as well as educational, medical, psychiatric, and employment information about you.
What is a Presentence Investigation Report (“PSR”)?
A Presentence Investigation Report, often abbreviated as “PSR” or “PSI”, is a document created by the United States Probation Office after an individual has been convicted of a felony in federal court. The PSR documents the convicted individual’s life history and background and is provided to the Court to assist in determining a fair sentence.
After a defendant pleads guilty (or is found guilty by a jury or judge), the judge will order the probation officer to create the PSR. The assigned probation officer will conduct a PSR interview with the defendant as well as an independent investigation into the offense to gather information.
Once the initial PSR is complete, the report is sent to your attorney, the Government’s attorney, and the Court. Once disclosed, your attorney is required to review the report with you. If you see any information that is incorrect, or if you disagree with how the guidelines are computed, your attorney can file objections to the PSR. The final PSR will make any corrections and note any objections in the PSR Addendum. If there are still any unresolved objections by the day you are sentenced, the Judge will resolve any disagreements before pronouncing your final sentence.
Georgia RICO Defined
Trump has been indicted in Fulton County Superior Court.
So, what is RICO and why is it important in this case?
The Racketeer Influenced and Corrupt Organizations Act, or RICO, was original designed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon. And, within a few years, Georgia enacted their own version, and of course, as years went by, both state and federal prosecutors saw opportunities to expand the use to other types of cases.
Health Care Fraud
By: Onisuru Ojegba, Legal Intern to Firm
J.D. Candidate, Class of 2025
The George Washington University Law School
Insurance Fraud
By: Onisuru Ojegba Legal Intern to the firm
Insurance fraud consists of crimes where an individual consumer or insurance company, agent, or adjuster commits deliberate deception to obtain illicit profits or benefits. While the classification of insurance fraud is broad and consists of many different variations, including health care fraud, life insurance fraud, and unemployment fraud, the crime occurs in the same manner; during the process of buying, selling, or underwriting insurance.
While every state has its own laws which criminalize insurance fraud, federal law does not specifically address the crime. Instead, federal law addresses insurance fraud through The Violent Crime Control and Law Enforcement Act (1994), which gives the Federal Government jurisdiction over insurance fraud once a transaction crosses state lines (either physically or through wire). The alleged fraud then falls into the federal government’s jurisdiction and will be prosecuted at the federal level. Title 18 U.S. Code § 1033: specifically outlines this jurisdiction as Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. This law separates insurance fraud into 5 categories including:
How is White Collar Crime Generally Prosecuted?
The Department of Justice investigates and prosecutes cases where large amounts of money is alleged to have been taken. Examples of white collar crimes are money laundering, bank, wire and mail fraud, tax evasion, insider trading, insurance fraud, mortgage fraud, bribery and embezzlement. Of course Homeland Security, the FBI, the IRS, Customs and Border Patrol and SEC can also investigate and prosecute cases of fraud as well.
The government has a special United States Guideline Chapter dedicated to “basic” economic offenses. For purposes of this blog, this chapter will be discussed in more detail below. As with anything involving federal criminal litigation, nothing is crystal clear in the law. Therefore, there is also a chapter in the United States Guidelines dedicated to tax offenses, election fraud, gambling, and money laundering in the United States Sentencing Guidelines.
This USSG chapter DOES cover extortion, bribery, kickbacks, counterfeiting, embezzlement, health care fraud, computer fraud, insurance fraud, securities fraud, mortgage fraud, identity fraud, bankruptcy fraud, etc. What is most important in this chapter is the loss amount. All charges start off with a base offense level of 6 or 7 depending on the statutory max of the offense charged. Then, you look at what the “loss amount” is using the below table.
| Loss (apply the greatest) | Increase in Level |
|---|---|
| (A) $6,500 or less | no increase |
| (B) More than $6,500 | add 2 |
| (C) More than $15,000 | add 4 |
| (D) More than $40,000 | add 6 |
| (E) More than $95,000 | add 8 |
| (F) More than $150,000 | add 10 |
| (G) More than $250,000 | add 12 |
| (H) More than $550,000 | add 14 |
| (I) More than $1,500,000 | add 16 |
| (J) More than $3,500,000 | add 18 |
| (K) More than $9,500,000 | add 20 |
| (L) More than $25,000,000 | add 22 |
| (M) More than $65,000,000 | add 24 |
| (N) More than $150,000,000 | add 26 |
| (O) More than $250,000,000 | add 28 |
| (P) More than $550,000,000 | add 30. |
The loss amount is a pandora box of confusion and the government is able to add all kinds of relevant conduct and intended loss conduct to inflate these numbers.
To further make things complicated, there are enhancements in this section that permit the government to add levels for things such as the use of sophisticated means, role in the offense, number of victims, a defrauding a charity, mass marketing, among others.
Navigating the federal criminal system is a task that should not be endured alone. Contact our team today for more information about we can protect your rights and your freedom.
United States Sentencing Commission proposed USSG amendments for fraud cases
On April 5, 2023, the United States Sentencing Commission announced amendments to the United States Sentencing Guidelines that will come in to effect on November 1, 2023. Below is a summary of those changes as it relates to just fraud cases.
Under proposed USSG 4C1.1, a client will receive a 2-level decrease to their offense level if
a)no criminal history points,
What is Mariam’s Law and how does it affect the Sex Offender Registry in Georgia
This news article explains most of the details of Mariam’s law, a law that was passed just last week. It expands the restrictions on sex offenders.
The biggest wrinkle that this bill has caused so far is the requirement to be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender (aka ankle monitor) while on probation or parole and awaiting risk assessment classification from SORRB if the person has previously been convicted of a felony sexual offense. Basically, if the SORRB hasn’t leveled you yet, you will be contacted to get an ankle monitor at your expense, of course.
Or, if your assigned community supervision officer determines that a special need exists for you to wear an ankle monitor due to the ‘immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.’ then here they come as well with that ankle monitor.