Settlements and judgments under the False Claims Act have reached a unprecedented high in the United States. According to the Department of Justice in a press release, there were 543 settlements and judgments in the 2023 fiscal year, which exceeded over $2.68 billion. In the release, Principal Deputy Assistant Attorney…
Under 18 U.S.C. § 3564(c), a federal court may modify or terminate a term of probation, or supervised release, that has been previously imposed. For a federal misdemeanor, a term of probation can be modified or terminated at any time. For felonies, however, the defendant must have completed at least…
The PSR interview consists of meeting with the assigned probation officer for about two hours, and you have the right to have your attorney present during the interview. The probation officer will ask you about, among other things: your childhood, any abuse you have gone through, family members and their…
A Presentence Investigation Report, often abbreviated as “PSR” or “PSI”, is a document created by the United States Probation Office after an individual has been convicted of a felony in federal court. The PSR documents the convicted individual’s life history and background and is provided to the Court to assist…
The Department of Justice investigates and prosecutes cases where large amounts of money is alleged to have been taken. Examples of white collar crimes are money laundering, bank, wire and mail fraud, tax evasion, insider trading, insurance fraud, mortgage fraud, bribery and embezzlement. Of course Homeland Security, the FBI, the…
By Brandon Fitz Wire Fraud is a serious white-collar crime and is defined under 18 USC §1343 and states: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises,…
Here is the definition from the statute, cut directly from the 11th circuit’s jury instructions: It’s a Federal crime to commit aggravated identity theft. The Defendant can be found guilty of aggravated identity theft only if all the following facts are proved beyond a reasonable doubt: (1) the Defendant knowingly…
The Fourth Amendment of the U.S. Constitution protects against unlawful searches and seizures by the government. When the government wants to obtain a search warrant, an affidavit must be drafted and application must be made to a U.S. Magistrate judge (in federal matters). The affidavit can be more than a hundred pages…
The Residential Drug Abuse Program (RDAP) and the Non-Residential Abuse Program (NRDAP) are offered by the Federal Bureau of Prisons (FBOP) to assist inmates suffering from substance abuse issues. RDAP consists of 3 intensive phases, totaling over 500-hours of voluntary individual and group treatment, and it is about 9-12 months long. This…
On April 11, 2022, the Northern District of Georgia in Atlanta announced the creation of a new pretrial diversion court, the Accountability, Treatment, and Leadership Court “ATL Court“. It is formed with the Northern District of Georgia, the U.S. Probation Office, the U.S. Attorney’s Office, and the Federal Defender Program,…