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Cyber Fraud – Romance Scams on the Rise

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 a [...]

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 to [...]

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 [...]

Collateral Consequences of a Criminal Conviction

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 result [...]

By |2022-06-08T21:06:40-04:00February 2nd, 2022|Arrest Warrant, Asset Forfeiture, Convictions, Criminal Charges, Criminal Defense Law Firm News, Federal Courts, Federal Plea & Sentencing Mitigation, Felony, Plea Bargaining, Prison|Comments Off on Collateral Consequences of a Criminal Conviction

President Biden Is Phasing Out Private Prisons for Federal Inmates

President Biden just signed an Executive Order to phase out the federal government’s use of private prisons. For-profit, private prison systems have been found to provide less humane and less safe environments overall, in an effort to increase profits. While signing the Order, the President stated that “[t]his is the first step to stop corporations from profiting off incarceration, that is less humane and less safe, as studies show . . . [a]nd this is just the beginning of my administration’s plan to address systematic problems in our criminal justice system.”

By |2021-05-25T17:48:57-04:00January 27th, 2021|Federal Courts, Prison|0 Comments

Coronavirus: What it Means for the Courts and Legal Representation

Many federal, state, and municipal courts have limited the number and types of cases they will be handling in the near term. Some have adjourned jury trials for several weeks and in some cases even months to see what happens after a period of isolation. Courts have summarily waived Speedy Trial Act rights and ordered continuances for a period of time. State courts in particular are promoting the use of video and teleconferencing in lieu of appearing in court. Municipal courts have adjourned court appearances for motor vehicle summonses and code violations. Detention has been waived in certain cases depending on the type of crime, the age of the offender, and other relevant factors.

Plea Bargaining in the Federal System

Recent statistics show that about 96% of the criminal cases in federal court are resolved through guilty pleas. The number of cases going to trial has dramatically decreased in the past ten years. Thus, today’s criminal defense attorneys must be adept at negotiating the best possible resolution for their clients that choose to plead guilty.

Why There Are So Few Federal Criminal Trials

After more than two years of careful research and deliberation, the National Association of Criminal Defense Lawyers (NACDL) released The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It. The “trial penalty” refers to the substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a conviction at trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. The report notes that to avoid the trial penalty, defendants must surrender fundamental rights which are essential to a fair justice system. The release of this report has garnered support from leading criminal justice reform entities, all of which agree that the incursion on the right to a trial poses a clear threat to justice.

Felony Conviction: Loss of Civil Rights

A felony conviction has a serious impact on a defendant’s life, even beyond the obvious immediate consequences of sentencing. A person who has a felony conviction on their record forfeits certain rights that other members of the community enjoy. In some jurisdictions there exists a process by which an individual can seek to have a felony conviction expunged from their record, but even this process may not fully restore every right and privilege that the person held prior to their conviction.

By |2022-06-08T21:18:08-04:00December 1st, 2016|Federal Courts, Felony, Penalties, Prison|0 Comments
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