federal criminal defense

P2P Applications and Child Pornography

Published on: November 2, 2024 | By Conaway & Strickler, P.C.

As we explained in our prior post about federal child pornography laws, the consequences of a child pornography or CSAM (“Child Sexual Abuse Material”) conviction are severe and life-altering. And the collateral consequence of being on the sex offender registry can be devastating.

Early on, Conaway & Strickler defended cases that stemmed from activity on classic peer-to-peer applications like Limewire. These type of networks were simply software applications that provided a central hub for various computers to connect. Napster, for example, was a peer-to-peer (P2P) file-sharing service that allowed users to share and download music files from other users’ computers. These types of programs were utilized to distribute music, movies and child pornography. Law enforcement was able to track those cases more easily.

Today, however, the government has also become well versed in programs like BitTorrent, Limewire and e-Donkey, among others. When a hard drive or device is analyzed by the government, they now will produce a report detailing their forensic examination. They will detail all of the evidence found on the device showing evidence of P2P Networking, search history, bookmarks and they even cite images or image fragments found in cache locations. Here is a recent example of a federal criminal prosecution of someone who downloaded images from the BitTorrent Network.

Paycheck Protection Program Enforcement Continues

Published on: October 25, 2024 | By Conaway & Strickler, P.C.

As discussed in our prior blogs, the Department of Justice has already been prosecuting cases of larger-scale, outright PPP fraud. In August 2022, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of Limitations Act of 2022” extend the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years. This has allowed the government more time to prosecute these cases. And they continue to do so with increasing frequency. Recently the government was involved in prosecuting this covid-19 related schemes,

In investigating PPP loan fraud, the government first looks at the application itself. How many employees does the company have? Does that number match their payroll tax filings? Are the 941‘s the same as what is on file at the IRS? Has the owner(s) been convicted of or pled guilty to a felony with the past 5 years? Do the bank statements submitted on the PPP loan application match the actual bank statements? Are there business expenses on the bank statements? Was the bank account in a business checking account? When was the entity created? Did the company apply for more than one loan? Does the individual owner have multiple entities and apply for multiple loans? Any inaccurate statements on the application can result in a charge under Under 18 U.S.C. § 1344 (bank fraud) – making false statements to an FDIC-insured financial institution, or making false statements to the SBA. In addition, the CARES Act also has requirements for how companies use, and account for the use of, PPP loan funds. Some of the more outrageous PPP loan fraud prosecutions have resulted due to individuals buying Range Rovers, Lamborghinis and rolex watches with PPP loan proeeeds, i.e. converting PPP loan funds for personal use. Also, when seeking forgiveness for loans, companies must be very careful in what they submit. Any false documentation submitted can result in prosecution.

So, should the government be inquiring about your PPP loan(s) or EIDL loans or any disaster relief funds, it is important to contact us immediately. Being evasive or being unable to produce documentation of PPP Compliance will only increase issues that you will be facing. Allow Conaway & Strickler, PC to help you with expert advice from experienced federal counsel. We are very familiar with the federal criminal investigative process with the SBA-OIG, IRS and the DOJ.

The Truth Behind the TikTok “Free Money Hack” Trend: What You Need to Know

Published on: September 13, 2024 | By Conaway & Strickler, P.C.

In the age of social media, viral trends come and go at lightning speed. Some are harmless and fun, but others can lead people into serious legal trouble. One of the most alarming trends recently circulating on TikTok is the so-called “free money hack.” This trend falsely promises easy money through exploiting banking loopholes, but what many don’t realize is that following such advice could land you in serious legal trouble.

What is the “Free Money Hack”?

The trend usually involves TikTok users claiming they have found ways to manipulate the financial system, offering viewers methods to “hack” or exploit bank accounts, cash apps, or credit systems to obtain free money. Some of these schemes involve:

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.

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.

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.

Basics of Tax Evasion

Published on: March 3, 2023 | By Conaway & Strickler, P.C.

By Maya Fouad

Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony. . .” The penalties for tax evasion can include significant monetary fines, imprisonment, or both.

To establish a case of tax evasion, the Government must prove three elements beyond a reasonable doubt: