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Georgia Criminal Defense Lawyers Blog

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Federal Criminal Law – Wire Fraud and Possible Alternatives

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,…

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Basics of Tax Evasion

By Maya Fouad   Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny person who willfully attempts in any manner to evade or defeat…

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Covid Related Fraud Enforcement Update

On May 17, 2021, U.S. Attorney General Merrick Garland announced the establishment of the COVID-19 Fraud Enforcement Task Force. On March 10, 2022, Garland announced Associate Deputy Attorney General Kevin Chambers as the Director For Covid-19 Fraud Enforcement. In August, 2022, President Biden signed laws that give the Department of Justice and…

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Basics of a Federal Criminal Appeal

The federal criminal appellate process begins when a person is convicted at the district court.  A conviction can occur after a jury trial or after a plea of guilty. If a person has entered in to a plea agreement, the person may have agreed to waive many of their rights…

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Experience a Data Breach? What to do

The International Bar Association created a “President’s Task force on Cybersecurity”.  Meg Strickler was appointed to serve on this prestigious task force and helped draft Cybersecurity Guidelines.  Today, it is all the more important to be weary of a data breach if you own and operate a small business. Data…

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How can I be charged with 18 U.S. Code § 1028A Aggravated Identity Theft?

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…

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Overview of Methods for Roadside Sobriety Testing in DUIs

Written by Maya Fouad When a police officer is conducting a roadside investigation of a suspected drunk driver, a variety of mechanisms are employed as indicators of intoxication.  Law enforcement are trained to conduct specific behavioral tests and use certain devices designed to detect levels of intoxication.  Officers are often…

Posted in: DUI
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Drug Trafficking and the Safety Valve Exception

  The “Safety Valve” exception is a statutory exception to mandatory minimum sentencing laws. A safety valve allows a judge to sentence a person below the mandatory minimum term if certain conditions are met.  The “Safety Valve” provision is a provision of law codified in 18 United States Code §3553(f).  It…

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School Threats Resulting in Criminal Charges

Schools across the state of Georgia are facing an increase in threats of violence.  It has led schools to step up security.   Each and every threat must be taken seriously.  Some of these threats turn out to be real, so officials have beefed up security everywhere, including for example, Fulton…

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Federal Child Pornography Laws in a Nutshell

As the DOJ states, “Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old).  Images of child pornography are also referred to as child sexual abuse images.  Federal law prohibits the production, distribution, importation, reception, or possession of…

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