News reports today indicate that Bravo celebrity Jen Shah was sentenced to 78 months for her role in a wire fraud that resulted in $5 million in losses. For people unfamiliar with the federal sentencing guidelines, the base offense level for a wire fraud is enhanced by a number of levels that corresponds to [...]
A Federal Restitution Order Leads to Garnishment of the Defendant’s Bank, Retirement and Stock Accounts
Courts uphold federal government’s ability to seize a convicted defendant’s 401(k) accounts to satisfy an Order of Restitution after a conviction at trial or a guilty plea.
Earlier this month, the U.S. Department of Health and Human Services, Office of Inspector General (HHS, OIG) issued a special fraud alert advising healthcare providers to exercise caution when contracting with telemedicine companies. Such alerts are significant as they put providers on notice that OIG intends to investigate and prosecute potential fraud regarding telemedicine. [...]
Cybercrimes – hacking, phishing, ransomware and the like - are well-known to every user of the internet. We are bombarded weekly with emails and texts claiming that we need to update our passwords, personal profile, and the like. Now comes the rise of what has been called “romance scams”. The typical scheme starts with [...]
In response to a dramatic surge in car thefts across New Jersey, State Attorney General Matt Platkin announced today that he is reversing a policy that prevented police officers from pursuing stolen cars. In late 2021, Platkin effected a statewide policy that prohibited police from chasing a stolen car unless they suspected it had been used [...]
The Department of Justice just announced charges against 21 individuals in a nationwide crackdown of COVID-19 related prosecutions that resulted in $150 million worth of fraud. The schemes were varied and involved medical doctors, medical labs, marketers and others in the healthcare field. For instance, two owners of a lab in California allegedly billed [...]
In addition to the 93 U.S. Attorney’s Offices around the country that investigate and prosecute health care fraud, the Fraud Section of the Department of Justice’s Criminal Division based in Washington D.C. has approximately 76 federal prosecutors devoted to such prosecutions. This DOJ Unit targets complex health care fraud involving illegal prescription, distribution and [...]
When someone pleads guilty or is convicted of a federal or state crime, there are serious collateral consequences, in addition to potential jail time, forfeiture, restitution and other fines and penalties. The term ‘‘collateral consequence’’ means a collateral sanction or a disqualification, a penalty, disability, or disadvantage that is imposed by law as a [...]
Newly sworn in Manhattan District Attorney Alvin Bragg issued new policies and procedures to his staff that substantially altered existing office policy in prosecuting criminal cases. The new directive defers certain prosecutions for lower-level offenses, reduces certain felony offenses, prohibits seeking life in prison without parole, and prohibits seeking bail except in limited violent offenses.
In an internationally watched case, the Pennsylvania Supreme Court overturned Bill Cosby’s conviction finding that he had been improperly prosecuted after relying on what he believed was a promise of immunity from then District Attorney Bruce Castor which caused Cosby to testify in a civil case brought by one of his victims and make various [...]