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…
Attorney General Merrick Garland made recent comments about what he considered to be the Department of Justice’s top priorities for 2022. Since taking office in March 2021, Garland has tried to combat crime in a tumultuous time. He has been criticized for his handling of January 6 investigation and has stated…
The Department of Justice just announced that U.S. Attorney General Merrick B. Garland created COVID-19 Fraud Enforcement Task Force to enhance enforcement efforts against COVID-19 related fraud. Cases have included: Offers to purchase COVID-19 vaccination cards Requiring payment for testing or vaccines. PPP loan fraud EIDL (Economic Injury Disaster…
In 2019, the nonprofit news service, ProPublica, published a story about health care fraud. The story, which included reporting about a Texas-based personal trainer, shows how easy it can be to bill health insurance providers for services despite lacking any legal basis for doing so. Unfortunately, as the ProPublica report…
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. A major part of the CARES Act provided for a total of $669 million in federal funds to be designated for financial relief for small and medium-sized businesses impacted by the COVID-19 pandemic.…
After the Hack: A Data Breach Post Game Show As chair of the Cyber Crime committee at iTechlaw, Meg Strickler gives her insight on data breaches from various perspectives on an iTechlaw webinar this week. She and the other panelists discuss: The criminal charge of BEC (Business email compromise) fraud…
Just as in every state, people in Georgia utilize the USPS on a daily basis. While it is generally a very ordinary activity, sometimes the mail is used as a venue to facilitate a crime. Charges for mail fraud are very serious and a conviction can come with stiff financial…
Issues of fraud most often arise from business transactions in Atlanta. Thus, if and when you find yourself in the position of acting as a broker or agent of another in such a transaction, you should be aware that your actions will be highly scrutinized by those who entrusted you…
In any fraud case in Atlanta, the central issue may be the establishment of intent. Proving that one committed fraud may require establishing that they engaged in their actions knowing full well of that what they were doing was unlawful and likely to cause harm. Thus, those who perform any…