As discussed in a prior post, the Department of Justice has formed a nationwide task force comprised of AUSAs from each of the 93 U.S. Attorneys’ Offices, as well as Main Justice. Together they total more than 100 federal prosecutors, to investigate and prosecute fraud related to the ongoing pandemic. The District of New Jersey U.S. Attorney Craig Carpenito spearheads this effort.
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.
One of the largest issues hampering the re-opening of the American economy is that there are many asymptomatic yet contagious carriers of COVID-19. Rational leaders, medical experts, and scientists agree that widespread testing is essential to prevent further hotspots and determine which areas of the country may start to open again. Tests to determine whether a person is currently infected, as well as antibody tests to determine whether a person has been exposed and may have some immunity to the virus, will soon be widely available from many new sources. Companies cannot make informed decisions about when and how to re-open without knowing if their employees are healthy. State and local governments cannot determine how to move forward without this critical information. The federal government has assisted testing companies and labs by removing some of the FDA safeguards and time periods normally in place to ensure quality standards and safety.
Robert Stahl was honored to instruct at the Criminal Trial Advocacy Institute, where he was part of a distinguished panel of attorneys, judges and experts on identifying, preparing and presenting expert witnesses. Expert witnesses in criminal trials contribute their analysis and conclusions regarding autopsies, DNA evidence, fingerprints, forensic identification, as well as psychologists’ and criminologists’ reports. In addition, complex criminal cases now routinely require experts on a number of technologies, such as computer and cellphone analysis, GPS, cell site location, facial recognition and smart home devices.
Insurance fraud, mortgage fraud, embezzlement and income tax evasion are different forms of white-collar crime. white-collar crimes charges involve some form of deception, but violence is generally not used to carry them out.
One of the earmarks of the steady expansion of government at the New Jersey state level and the federal level is that more and more laws and regulations make it easier to find yourself in violation of them. It is similar to walking through a minefield: the more mines that are laid in your path, the more likely it is that you will finally step on one of them.
Some crimes by their very names can conjure images of the type of person who commits them. Crimes such as assault, strong-arm robbery, or burglary may bring to mind a rough sort of individual. Another type of crime, though, may produce a different kind of mental image: "white-collar crime."
With the economic recession that began in 2008 came an attitude in New Jersey and throughout the country that was very hostile towards executives in large companies and people working within the financial industry. They were seen as reckless gamblers or greedy thieves that blatantly stole money from ordinary, honest people. The prevailing mood was that these financiers should be prosecuted and punished.
Employees have become considerably more apprehensive in recent years with the steady rise of convictions related to business theft and embezzlement. White collar crimes continue to be prosecuted across America, including New Jersey, where guilty offenders are receiving harsh punishments like jail time and heavy fines. An embezzlement defense is important to develop as soon as possible.
The upcoming trial of a former governor and his wife on federal corruption charges highlights a common and sometimes controversial tactic used by prosecutors: testimony from witnesses who have been offered immunity from prosecution themselves.