Posts

Showing posts from October, 2021

Understanding the Stages of Federal Criminal Prosecution

 The federal prosecutorial process involves three primary stages. We deploy defense strategies at each stage of the process that are tailored to the specific procedural aspects as well as the most-recent factual and legal developments in the case. Executing a comprehensive defense strategy is a dynamic process that requires constant reevaluation and the ability to shift focus and resources immediately, and our practice is structured to allow our attorneys to continually maintain an aggressive posture in all stages of federal criminal defense litigation. The first stage is the government’s investigation. Most investigations involve the Department of Justice (DOJ), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Office of Inspector General (OIG), and/or the U.S. Attorney’s Office, although various other federal agencies and task forces handle criminal investigations as well. During government investigations, our primary goal is to terminate the investigation

Defending Federal Charges and FBI, DEA, OIG, and IRS Investigations in West Virginia

 While some people have a pretty good idea of why they are being targeted by federal authorities (although you should never make assumptions about the nature of a federal investigation), many are surprised to learn that they are at risk for federal prosecution. Increasingly, federal agents and prosecutors in West Virginia are targeting individuals for crimes involving opioids, Medicare and Tricare abuse, and various forms of federal fraud.. If you are under investigation by federal agents or facing federal charges in West Virginia, there are a few things you need to know. First, in most cases, the penalties for federal crimes are severe. If you are charged with multiple counts of multiple criminal offenses, you could easily be facing decades in prison and hundreds of thousands of dollars in fines. Know more info https://federal-lawyer.com/west-virginia

MAC Audits: How We Can Help

 We provide comprehensive legal representation for healthcare providers facing Medicare Administrative Contractor audits. From the moment you contact us, we will begin working closely with you and your team to execute a defense strategy with the goal to protect your legal rights and financial interest while satisfying your obligations during the audit process. We will take an active role in the audit in order to address any recoupment liability and secure additional reimbursement if you have underbilled Medicare. We will seek to prove your compliance in order to mitigate the risk of a follow-up federal investigation. Our services for MAC audits include: A free initial case assessment with members of our healthcare fraud defense team Advice for responding to auditors and preserving records during the audit Coaching and training for key personnel to prevent mistakes that could have costly consequences Speaking with MAC auditors on your behalf in order to ensure consistent and defense-foc

What Do You Need to Do in Order to Obtain an ALJ Hearing?

 With this in mind, what do you need to do in order to obtain an ALJ hearing when faced allegations of medical malpractice or other unethical or unlawful conduct? The specifics vary from state to state. However, in many cases, it will be necessary to formally request an ALJ hearing in order to present evidence and arguments in your defense. In California, for example, if a doctor is facing disciplinary action for a violation of the state’s Medical Practice Act, the doctor must request an ALJ hearing within 15 days of being formally served with the accusation. The request must be made by submitting a “Notice of Defense” to both the Office of the Deputy Attorney General and the California Medical Board. As the California Medical Board explains, “If a request for a hearing (or Notice of Defense) is not received, the physician will be deemed to have waived the right to a hearing and the Board may proceed to act on the accusation without a hearing and may take action as provided by law.” Ma

What are the possible outcomes of an FTC investigation?

Possible outcomes of FTC investigations include resolving the investigation without charges being filed, facing administrative enforcement proceedings, facing civil enforcement litigation, and facing a federal grand jury indictment as a precursor to criminal prosecution. In order to achieve a pre-charge resolution, it is necessary to engage experienced defense counsel promptly so that your (or your company’s) FTC attorneys can engage with the FTC and work to steer the investigation toward a favorable outcome. While the Federal Trade Commission (FTC) has played an important role in the federal government’s law enforcement efforts since its establishment in 1914, its role has expanded significantly in recent years. With its focus on consumer protection and preventing anti-competitive practices in the U.S. markets, the activity falling within the FTC’s law enforcement jurisdiction has spiked following the turn of the century. Click here to know more https://federal-lawyer.com/ftc-defense/

White Collar Criminal Defense Attorneys

 Embezzlement Embezzlement is a white collar offense defined by the act of obtaining funds from a federally-insured financial institution through improper means, including through the misapplication of bank funds. In order to establish culpability for embezzlement under 18 U.S.C. Sections 656 and 657, federal prosecutors must be able to prove that you, as an officer or employee of an FDIC-insured bank, (i) knowingly and willfully embezzled or misapplied funds, and (ii) did so with the intent to injure and defraud the bank. If you have been accused of this crime, contact our white collar crime lawyer today to defend you. Forgery Forgery is the act of falsifying a document with the intent to defraud an individual, financial institution, the federal government, or a private corporation. This includes not only the forgery of signatures on checks and other financial instruments, but the falsification or alteration of any other information on a legal document or financial instrument as well.

What Constitutes Insider Trading?

 In order to establish a case for insider trading, federal prosecutors must be able to prove key elements: Use or possession of “material” and “nonpublic” information in connection with the purchase or sale of a security. Insider trading requires access to insider information. In order to trigger a statutory violation, insider information must be both (i) material (meaning that it would be important to investors’ investment decisions, and (ii) nonpublic (meaning that it is only available to individuals within the company or who receive the information from these insiders). Knowing or reckless use of the material and nonpublic information when trading in the security. In order to pursue charges for insider trading, federal prosecutors must be able to establish that the insider or “tippee” knowingly or recklessly acted on the material and nonpublic information in their possession. The ability to rely on reckless acts lowers the bar for prosecutors significantly, as it allows them to subs

Making False Statements to an FDIC-Insured Bank

 The prohibitions contained in 18 U.S.C. § 1014 also apply to false statements and reports submitted to financial institutions that are insured by the Federal Deposit Insurance Corporation (FDIC) and other banks. Therefore, companies and individuals can be prosecuted for submitting false information to the SBA, and they can also be prosecuted for submitting false information to their PPP lenders. Bank Fraud Along with prosecution for submitting false statements or reports to their PPP lenders under 18 U.S.C. § 1344, companies and individuals can also face prosecution for bank fraud under 18 U.S.C. § 1344. This federal statute makes it a criminal offense to, “knowingly execute[], or attempt[] to execute, a scheme or artifice—(1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or pr