Criminal Investigation

DOJ’s Aggressive Prosecutions of COVID-19 Schemes and Healthcare Fraud Continues

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 more [...]

What to Do When Federal Agents Come Knocking

It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials.  They say they are Special Agents with the FBI or IRS and would like to talk with you for just a few minutes about something important.  They ask if they could come in [...]

Attorney General Garland’s Emphasis on White Collar Crime

U.S. Attorney General Merrick Garland announced that the Department of Justice (DOJ) is planning a hiring spree to investigate and prosecute pandemic related fraud and traditional white collar crimes. President Biden’s budget seeks $3.5 million to hire an additional 120 prosecutors to focus on pandemic related fraud and $325 million for 900 additional FBI [...]

By |2022-09-21T09:55:44-04:00March 10th, 2022|COVID, Criminal Charges, Criminal Investigation, Criminal Trial, Fraud Charges, Healthcare Fraud, Indictment, Pandemic, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on Attorney General Garland’s Emphasis on White Collar Crime

Health Care Prosecutions by DOJ’s Fraud Section

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 diversion [...]

Embezzlement, Employee Theft and Criminal Forfeiture

Chief Financial Officers, Account Managers and bookkeepers all, to vary degrees, are trusted employees who have access to corporate funds. Access to company funds, with little or sporadic oversight, can leave a company vulnerable to a variety of fraudulent schemes to obtain funds those employees were not entitled to. Common schemes include: The trusted employee [...]

By |2022-01-11T18:20:19-04:00January 11th, 2022|Asset Forfeiture, Business Fraud, Criminal Charges, Criminal Investigation, Criminal Trial, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on Embezzlement, Employee Theft and Criminal Forfeiture

Manhattan District Attorney Overhauls Criminal Prosecution

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.

By |2022-09-21T09:56:14-04:00January 5th, 2022|Arrest Warrant, Bail, Convictions, Criminal Charges, Criminal Discovery, Criminal Investigation, Felony, Indictment, Sentencing|Comments Off on Manhattan District Attorney Overhauls Criminal Prosecution

WhatsApp End to End Encryption Is Not Always Secure

ProPublica recently reported that Facebook hired 1000 workers around the world to review WhatsApp messages that are flagged as “inappropriate.” WhatsApp markets itself as a private messaging platform that secures those messages with end-to-end encryption that only the participants can view. Billions of people around the world use WhatsApp and other such “secure” messaging services to exchange private, sensitive business or personal messages.

By |2021-09-09T12:49:49-04:00September 9th, 2021|Criminal Discovery, Criminal Investigation, Privacy|Comments Off on WhatsApp End to End Encryption Is Not Always Secure

NJ Supreme Court Compels Defendant to Provide Cellphone Password

In an extremely controversial 4-3 opinion, the New Jersey Supreme Court upheld trial and Appellate Division rulings compelling a defendant to provide his cellphone passcode pursuant to a search warrant. The defendant was an Essex County Sheriff’s Officer accused of providing a drug dealer confidential information about an investigation into the dealer and his co-conspirators.

Government Wiretaps Versus Your End-to-End Encryption

A new, just released report shows the number of federal and state-authorized wiretaps conducted in 2019. A wiretap is a court-authorized warrant, allowing law enforcement to listen to and record conversations and/or text messages on a target’s phone. In most jurisdictions, the law enforcement agency applying for such an order must demonstrate that there is probable cause to believe that the target is engaged in a specified unlawful activity, that he uses the particular phone to conduct his illegal activity, that traditional methods of investigation have been tried or would not likely be successful, and that the wiretap is necessary to uncover the full extent of the target’s criminal activity, and/or the other coconspirators’.

Paycheck Protection Program Investigations

If you are a small business that was lucky enough to find a bank willing to accept and fund your small business Paycheck Protection Program (PPP) application, then a small portion of the $670 billion program went to an intended beneficiary. Unfortunately, many small businesses quickly learned larger banks were unwillingly to process their applications. News reports revealed banks received $10 billion in fees for the first traunch of funds dispersed, for which they received a set processing fee of 1-5% based on the size of the loan. A lawsuit filed in the U.S. District Court for the Central District of California against several major banks alleges they moved larger borrowers to the front of the line, ahead of many deserving smaller businesses in order to maximize on origination fees. Some corporations received tens of millions of dollars from the federal small business lending program, which initially ran out of money on April 16. Although the program has been funded once more, applicants are under much greater scrutiny.

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