criminal defense attorney

White Collar Crime at a Crossroads: The Implications of Kousisis on Federal Fraud

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

This month, the Supreme Court heard oral arguments in Kousisis v. United States, a case that could have significant implications on the future of federal white-collar prosecutions. Specifically, the Court is considering the boundaries of federal fraud statutes in scenarios where deceptive practices are employed without causing direct financial harm to the victim.

Kousisis comes before the Court after a Philadelphia-area government contractor was found guilty of fraud after it failed to comply with a contract provision intended to promote diversity. Stamatios Kousisis and Alpha Painting and Construction Co., Inc. (Alpha) secured two substantial contracts with the Pennsylvania Department of Transportation (PennDOT). These contracts mandated a certain percentage of work to be allocated to Disadvantaged Business Enterprises (DBEs). Kousisis and his company misrepresented their compliance with this requirement by using a DBE as a mere pass-through entity, thereby falsely claiming adherence to the DBE participation goals. Despite this deception, the contracted work was completed to PennDOT’s satisfaction, and no direct financial loss was incurred by the department.

Federal prosecutors charged Kousisis and Alpha with wire fraud, conspiracy to commit wire fraud, and making false statements. The prosecution’s argument was based on the “fraudulent inducement” theory, suggesting that the defendants obtained the contracts through deceptive promises, even though PennDOT did not suffer a financial loss. Ultimately, Kousisis was sentenced to 70 months’ imprisonment for the multi-million dollar fraud he perpetrated following a jury trial in 2018.

New Eligibility Rules for Removal from the Georgia Sex Offender Registry

Published on: October 22, 2024 | By Conaway & Strickler, P.C.

In July 2024, significant amendments to O.C.G.A. § 42-1-19 went into effect, changing the process for removing some individuals from the Georgia Sex Offender Registry. These changes, introduced through Senate Bill 493, modify the eligibility criteria for those seeking removal, particularly impacting the timeline and risk level requirements for petitioners. Here, we’ll break down what these updates mean for individuals hoping to clear their names from the registry.

Reduction in Time Requirements

Previously, individuals convicted of a sexual offense in Georgia had to wait 10 years after completing their sentence before petitioning the court for removal from the Sex Offender Registry. SB 493 has reduced this waiting period to 5 years, making it possible for eligible individuals to initiate the process sooner. This amendment reflects a shift toward offering second chances, particularly for those who demonstrate low risk of reoffending.

Health Care Prosecutions Heat Up along with the Summer Temperatures

Published on: June 29, 2024 | By Conaway & Strickler, P.C.

The DOJ just announced more successes in health care prosecutions involving approximately $2.75 billion in intended losses and $1.6 billion in actual losses. The case descriptions are varied, but the main jist is the same: the DOJ is utilizing nationwide efforts to crack down on health care fraud. Attorney General Merrick Garland stated that law enforcement has been working hard across 32 federal districts, and has filed charges against 193 defendants, for their roles in health care fraud schemes.

But, also he made sure to point out that in addition to the charges and arrests being announced, that the government also seized over $230 million in cash, luxury vehicles, gold, and other assets in connection with these cases.

The government comes after you with search warrants, warrants to freeze and seize your assets and subpoenas for your records. Do not attempt to deal with these things alone Contact us so we can protect your license, your livelihood and your assets.

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.