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Georgia Criminal Defense Lawyers Blog

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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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Search Warrants – What are they/How are they gotten/What occurs? Answers in light of Trump Mar-a-Lago FBI search

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…

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What is RDAP?

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…

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DOJ NDGA add a New Pretrial Diversion Court

  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,…

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SEC Complaint, RICO, Securities Fraud – biggest case against financial crime in SDNY in a long time

Manhattan federal agents arrested Archegos Capital Management founder Sung Kook “Bill” Hwang on April 27, 2022 on fraud charges, roughly one year after the investment firm’s huge losses back in March 2021.  Department of Justice prosecutors are charging both Hwang and Patrick Halligan, the firm’s chief financial officer, with racketeering…

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What are the current DOJ priorities?

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…

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Q&A Grand Jury subpoenas

What is a Grand Jury? The purpose of the grand jury is to determine whether or not there is probable cause to believe that any federal felony has been committed. A typical federal grand jury consists of between 16-23 citizens drawn from the community.  The jurors meet in a closed…

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Whistleblower / Qui Tam cases in Health Care

Health Care Qui Tam cases What does Qui Tam mean?  Qui tam is short for the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which roughly translates to “he who brings an action for the king as well as for himself.”   How…

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PPP Loan Fraud Prosecutions Continue

  When the PPP program was first created, it was meant to assist business left struggling by the Covid-19 pandemic.  One of the key provisions of the program, was that the Small Business Administration (SBA) would guarantee the loan which meant that borrowers could secure loans more easily.  As mentioned…

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Covid-19 Fraud Enforcement Task Force established

  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…

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