Georgia Criminal Defense Lawyers Blog

Criminal Consequences for Unruly Airline Passengers: The FAA’s Push for Prosecution

Published on: October 5, 2024 | By Conaway & Strickler, P.C.

In recent years, unruly behavior on flights has become a growing concern, prompting the Federal Aviation Administration (FAA) to escalate its enforcement efforts. Since 2021, the FAA has referred over 310 cases of severe incidents to the FBI for criminal prosecution. These cases involve dangerous acts like physical assaults, attempts to breach the cockpit, and sexual misconduct, all of which have serious legal consequences.

The FAA’s zero-tolerance policy, implemented in 2021, marked a shift from warnings to immediate enforcement. With incidents like physical assaults on passengers and crew members, the FAA has consistently referred the most egregious cases to the FBI. The FAA can impose civil penalties up to $37,000 per violation, but when these cases are referred for criminal prosecution, offenders face much harsher outcomes.

In 2023, over 1,240 incidents of unruly passenger behavior were reported. Of those, 43 cases were referred to the FBI for criminal prosecution due to their severity. These cases often involve physical altercations or inappropriate behavior that pose a threat to the safety of everyone on board. The FAA’s clear stance on holding individuals accountable shows that passengers who engage in such behavior will face serious repercussions.You can read more about the FAA’s referral process and efforts in their official statement and in further detail from FAA’s unruly passenger policy page.

The New FINCEN Rule for Residential Real Estate: What it Means for Investors and Legal Compliance

Published on: September 18, 2024 | By Conaway & Strickler, P.C.

Recently, the Financial Crimes Enforcement Network (FINCEN) issued a pivotal final rule aimed at tightening regulatory oversight in the residential real estate sector. This change marks a significant step towards enhancing transparency in an industry that has, until now, been relatively free from such regulatory scrutiny. Generally, the new rule requires certain real estate professionals to report information about non-financed transfers of residential real estate to legal entities or trusts.

What Is the New FINCEN Rule?

FINCEN’s new rule extends Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) obligations to investment advisers involved in residential real estate transactions. The aim is to prevent illicit financial activities in an industry known for large cash transactions that can serve as vehicles for money laundering, fraud, and other financial crimes.

When Can Law Enforcement Search my Cell Phone?

Published on: September 14, 2024 | By Conaway & Strickler, P.C.

Cell phones are everywhere today and thus play a significant role in criminal investigations.

What reports are generated from my devices?

Cellebrite reports provide information about phone calls and text messages; but now it also provides a report on the data stored on these devices such as voicemails, images, and browsing history. From GPS location data to social media activity, cell phones can provide a treasure trove for law enforcement agencies to use to build their cases.

Suspicious Activity Reports (SARs): What Triggers Them and How to Respond

Published on: September 13, 2024 | By Conaway & Strickler, P.C.

In the world of banking and finance, the term “Suspicious Activity Report” (SAR) may sound intimidating—especially if you’ve been notified that a bank has filed one concerning your transactions. For individuals and businesses alike, it’s essential to understand what a SAR is, what activities can trigger these reports, and the potential legal consequences that may follow.

What is a Suspicious Activity Report (SAR)?

A Suspicious Activity Report (SAR) is a document that financial institutions are legally required to file with the Financial Crimes Enforcement Network (FinCEN) when they detect potentially suspicious behavior involving financial transactions. Once filed, these reports are sent to FinCEN, a division of the U.S. Department of the Treasury, which shares the information with law enforcement agencies for further investigation if necessary.

The Truth Behind the TikTok “Free Money Hack” Trend: What You Need to Know

Published on: September 13, 2024 | By Conaway & Strickler, P.C.

In the age of social media, viral trends come and go at lightning speed. Some are harmless and fun, but others can lead people into serious legal trouble. One of the most alarming trends recently circulating on TikTok is the so-called “free money hack.” This trend falsely promises easy money through exploiting banking loopholes, but what many don’t realize is that following such advice could land you in serious legal trouble.

What is the “Free Money Hack”?

The trend usually involves TikTok users claiming they have found ways to manipulate the financial system, offering viewers methods to “hack” or exploit bank accounts, cash apps, or credit systems to obtain free money. Some of these schemes involve:

The Georgia Composite Medical Board & Professional License Defense

Published on: September 9, 2024 | By Conaway & Strickler, P.C.

The Georgia Composite Medical Board is the state organization that monitors physicians and other medical professionals through its licensing and disciplinary policies. The purpose of the Board is to safeguard public health by ensuring proper licensing procedures and regulating healthcare professionals.

Who makes up the Composite Board? The Board is made up of fifteen members appointed by the Governor. Thirteen of those members are physicians, and two of those members are public representatives who have no ties to medicine. Each Board member typically serves a four-year term.

What does the Board do? The Board’s functions include screening candidates for licensure, issuing licenses to qualified professionals, developing rules and guidelines for healthcare practice, and disciplining licensees when necessary. In Georgia, the Composite Board licenses and monitors healthcare professionals including the following: Medical doctors (MDs), Doctors of osteopathic medicine (DOs), Physician assistants (PAs), Anesthesiologist assistants (AAs), Acupuncturists, and pain management clinics. However, the Composite Board does not license or regulate podiatrists, chiropractors, dentists, marriage and family therapists, social workers, professional counselors, physical therapists, registered nurses, or licensed practical nurses – those professions are regulated by the Office of the Secretary of State.

Protecting your career: Professional License Defense

Published on: September 5, 2024 | By Conaway & Strickler, P.C.

In many fields, maintaining a professional license is crucial for career advancement and job security. Physicians, surgeons, nurses, pharmaceutical technicians and other professionals spend years training before becoming licensed and employed. However, allegations of misconduct, incompetence, or violations of professional standards can jeopardize this license and your livelihood. Understanding how to navigate a professional license defense is essential. At Conaway & Strickler, we are experienced in professional license defense and assisting clients with protecting their careers.

If your professional license is under review, you may be facing disciplinary action, suspension, or even revocation of your license. Professionals can face license challenges due to various reasons, including allegations of unethical behavior, negligence, or non-compliance with industry standards. Common grounds for disciplinary action in this context includes the following:

Negligence or Malpractice:Claims that a professional has failed to meet the appropriate standard of care.

Unregistered Securities and Allegations of Operating a Ponzi scheme

Published on: August 24, 2024 | By Conaway & Strickler, P.C.

The SEC recently filed a complaint against Todd Burkhalter and Atlanta-based Drive Planning LLC. It alleges that from 2020 through June 2024, $300 million was raised for purported real estate investments from over 2000 investors. It is alleged that the the money was instead misappropriated to fund Burkhalter’s “lavish lifestyle” (including a $3 million yacht) and to make Ponzi-lie payments.

He is charged with violating antifraud provisions of federal securities law. He may soon face DOJ charges as well. The antifraud provisions of the federal securities laws prohibit the use of fraudulent statements or schemes in connection with the purchase or sale of securities. These provisions apply to all securities transactions, including exempt transactions, and to statements made orally or in writing.

The primary anti-fraud statutory provision is Section 10(b) of the Securities Exchange Act of 1934, which is codified in 15 U.S.C. § 78j. The SEC enforces this provision primarily through Rule 10b-5, which prohibits the use of any “device, scheme, or artifice to defraud”. Rule 10b-5 also imposes liability for any misstatement or omission of a material fact, or one that investors would think was important to their decision to buy or sell a security. A fact is considered material if there is a substantial likelihood that the information would have been viewed by a reasonable investor as having significantly altered the total mix of information available.

Are you facing an Investigation from the Georgia Composite Medical Board?

Published on: August 23, 2024 | By Conaway & Strickler, P.C.

The Georgia Composite Medical Board (GCMB) is the licensing agency for physicians, physician assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, auricular (ear) detoxification specialists, residency training permits, cosmetic laser practitioners, pain management clinics and medical geneticist. The Medical Board investigates complaints and disciplines those who violate The Medical Practice Act or other laws governing the professional behavior of its licensees. Unprofessional conduct is often cited as an issue for physicians and physician assistants.

What happens when the Medical Board investigates you? First, a complaint is filed. The Board will reach out to you and let the you know of the existence of the complaint and ask for a response. This is where you immediately need to seek out legal advice. At Conaway & Strickler, PC we have attorneys very versed on the intricacies of the complaint process. Once the Investigative Committee reviews the complaint and response, they can recommend a variety of options ranging from closing the case to disciplinary action. It is imperative that you and your lawyer really work with the Investigative Committee to ensure they know all of the facts and circumstances to ensure the best resolution.

Cases are resolved in three main ways – closure, private action or public action. The public action is a notation on the GCMB web site.

Potential Consequences of a Title IX Allegation

Published on: August 12, 2024 | By Conaway & Strickler, P.C.

Once a person receives notice that a Title IX allegation has been made against them in Georgia, a school will generally proceed and attempt to resolve the case within 120 days. The Title IX process moves quickly relative to the criminal justice system; however, the implications and lasting consequences of an allegation can be significant, making it imperative to have a skilled attorney assisting at all stages.

After an allegation has been made, there are a limited number of ways that the Title IX investigation can resolve:

Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).