Recently, the Department of Justice highlighted enforcement efforts that allegedly aimed at protecting  Americans from transnational fraud schemes.  Here are some of the cases discussed:

United States v. Troy Murray and United States v. Cutter Murray. On June 11, 2025, DOJ’s Consumer Protection Branch filed an Information in SDFL charging Troy Murray also known as “Steve Dixson” with conspiracy to commit wire fraud. According to court documents, Troy Murray sold to lottery fraud scammers, including Jamaicans, his lead list database containing the names, and personal information of over seven million elderly American consumers. These lists were allegedly then used to defraud elderly victims. Additionally, Cutter Murray, Troy Murray’s son, will plead guilty to one count of money laundering for receiving and then laundering $1.6 million of the fraudulent funds Troy Murray obtained.

United States v. Jimmy Smith. On April 1, 2025 the U.S. Attorney’s Office for the District of Connecticut announced charges against Jimmy Smith, 30, a citizen of Jamaica, who resided in Hinesville, Georgia. According to court documents, Smith and others defrauded at least four victims residing in Connecticut, New York, Texas, and California, by telling them they had won a Publishers Clearing House Sweepstakes and needed to pay taxes or money to claim the prize.

United States v. Charles Uchenna Nwadavid. On April 9, the U.S. Attorney’s Office (USAO) for the District of Massachusetts announced charges against Charles Uchenna Nwadavid, a citizen of Nigeria who was arrested after landing at the Dallas-Fort Worth Airport. In January 2024, a grand jury indicted Nawadavid on one count of mail fraud and two counts of money laundering. Between approximately 2016 to September 2019, Nwadavid allegedly participated in romance scams that tricked victims into sending money abroad.  He plead guilty to mail fraud, aiding and abetting money laundering and money laundering on June 26, 2025.  The DOJ states “romance schemes”  generally begin when the “bad actors” recruit victims through advertisements for online relationships on dating or social media websites. Individuals perpetuating romance scams often create fictitious profiles and then use them to gain victims’ trust through a purported romantic relationship. Perpetrators then direct their victims to send money or to conduct financial transactions involving other victims’ money under false pretenses, such as an urgent need for money to secure a multi-million dollar inheritance or to pay for an unexpected hospitalization.

Another romance scheme can involve investing in cryptocurrency. The United States Attorney’s Office for the Northern District of Ohio (USAO) has filed a civil complaint in forfeiture against 8,207,578 Tether (USDT) cryptocurrency, valued at more than $8.2 million in February, 2025.   In that case, investigators found that scammers initially contacted the victims through seemingly misdirected, or “wrong number,” text messages. The fraudster then gained the victim’s trust and affection using various manipulative tactics. Once trust was established with the victim, the fraudster would share how much success they, or someone they knew, had with investing in cryptocurrency. This personal testimonial lessened any uncertainties the victims may have had about virtual currencies and eventually had the intended effect to persuade the victim to proceed with the investment.

The fraudster would then guide the victim, step-by-step, on how to open a legitimate cryptocurrency account, most often with a U.S. based virtual currency exchange such as Crypto.com or Coinbase. The scammer would walk the victim through the entire process of transferring money from their bank to the newly created cryptocurrency account. Next, the victim received instructions on how to transfer the purchased cryptocurrency assets to an online “investment platform,” which would turn out to be a fake site created by the fraudsters to look like a legitimate company. Information on the platforms promised lucrative returns which encouraged victims to invest further. However, once the victim transferred their funds to the “investment platform” they unknowingly handed over complete control and ownership of their funds to the scammer.  These fake cryptocurrency trading platforms or fake versions of official crypto wallets to trick unsuspecting victims. These fake websites usually have similar but slightly different domain names from the sites they attempt to mimic.

The complaint also outlines that the perpetrators of such investment fraud schemes often allow victims to withdraw a portion of their “profits” early on in the scheme to build trust and reinforce their belief that the “investment platform” was legitimate. But as the scheme progressed, victims were unable to withdraw their funds and given excuses as to why they could not access their funds. For example, the fraudsters referred to a fake “tax” requirement, stating that taxes must be paid on the proceeds generated from the investment platform. Knowing that the scam would run its course soon, the fraudsters used last-ditch efforts to lie to victims that they had to pay a tax. Ultimately, victims were locked out of their account on the investment platform and lost their funds.

A woman in Lake County, Ohio became the target of such a scam when she responded to a text on her phone from an unknown number in November 2023. She began sharing information via text with the person and the two bonded over topics such as hobbies and religion. Over a period of time, the victim followed instructions from her new “friend” and opened an account at Crypto.com and then transferred funds into the account. When the victim wanted to withdraw funds, her “friend,” relented and said additional payments were needed and she complied. When the victim no longer had any funds left after making additional payments, her “friend” began to threaten her that he would send his friends to “take care of” her friends and family. Having lost her entire life savings of approximately $663,352, including funds from her Roth IRA, the victim filed a complaint with the FBI’s Internet Crime Complaint Center to report the losses in June 2024. The FBI Cleveland Division subsequently initiated an investigation.

United States v. 679,981.22 Tether, et al. On June 3, the U.S. Attorney’s Office for the Northern District of Ohio announced the filing of a civil forfeiture complaint against 679,981.22 in the Tether cryptocurrency suspected of being fraudulently obtained as part of a romance/investment scam. According to court documents, one victim was targeted via LinkedIn and another victim was targeted though the dating App “Coffee Meets Bagel.”

The experienced federal criminal defense attorneys at Conaway & Strickler, PC are here to protect your rights, reputation, and future should you be under investigation. With decades of experience in defending traditional financial fraud paired with a deep understanding of the newer world of cryptocurrency, our firm possesses the skills and expertise to assist those accused of any type of fraud.  Call or contact us online for a confidential consultation.

The DOJ’s Health Care Fraud Unit coordinated the investigation with the help of strike forces across the nation. Key aspects of the historical take down include the following:

• Enormous monetary scale: Again, the federal government alleges $14.6 billion in intended losses in total across the criminal cases. Law enforcement has already seized $245 million in cash, luxury vehicles, cryptocurrency, and assets from alleged fraudsters. The Centers for Medicare and Medicaid Services (CMS) also proactively prevented $4 billion in fraudulent payments, suspended billing privileges of 205 providers.
• Civil charges and settlements: In addition to criminal charges being levied, law enforcement has also sought civil penalties from other providers and medical professionals. This includes civil charges against 20 defendants for $14.2 million in alleged fraud, as well as civil settlements with 106 defendants totaling $34.3 million.
• Transnational criminal networks: A major component—Operation Gold Rush—alleges a global ring used foreign straw owners to submit $10.6 billion in false claims for durable medical equipment. Though CMS blocked all but ~$41 million in Medicare payouts, insurers received about $900  Individuals abroad and co-conspirators in the U.S. used encrypted messaging and assumed identities to facilitate the purchase of medical supply companies and subsequent fraud by exploiting the stolen identities of over one million Americans spanning all 50 states and using their confidential medical information to submit the fraudulent claims.
• Telemarketing/genetic testing schemes: One $703 million scheme involved deceptive telemarketing, AI-generated “consent” calls, and stolen Medicare IDs—all to bill labs and DME suppliers
• Wound-care fraud on vulnerable patients: Roughly $1.1 billion in fraudulent Medicare submissions for amniotic allografts were applied to terminally‑ill or hospice patients, without medical need or oversight
• Opioid prescription diversion: 74 defendants, including 44 medical professionals, are accused of diverting over 15 million pills (e.g., oxycodone, hydrocodone), feeding the illegal drug trade
• Genetic testing & telemedicine: At least 49 defendants were tied to over $1.17 billion in telemedicine/genetic testing fraud, a key enforcement focus of the Takedown.

These are just some of the schemes and methods alleged as health care fraud. Additional cases totaling approximately $1.84 billion involved medically unnecessary tests and treatments, kickbacks, and stolen controlled substances. DOJ’s Health Care Fraud Unit, along with FBI, HHS‑OIG, DEA, CMS, and state AGs, led this nationwide operation. The Government was able to leverage cloud computing, artificial intelligence, and advanced analytics to identify emerging health care fraud schemes. Specifically, a new Data Fusion Center used AI to spot suspicious billing patterns

Professionals in the medical industry could face disruptions based on these trends. Individuals could be criminally indicted despite a lack of financial gain for any peripheral involvement in these schemes. With over 205 providers with billing privileges already suspended or revoked, firms must evaluate billing practices and ensure compliance before audits or criminal actions escalate. Medical professionals and individuals in the industry should be proactive in address any potential problems. Assessing practices through comprehensive billing audits, tightening consent documentation and patient qualification protocols, and reviewing prescribing practices are key to ensuring compliance.

Given the unprecedented scope of this takedown, anyone involved in Medicare/Medicaid billing—especially in telemedicine, genetic testing, wound care, DME supply, opioid prescribing—should evaluate their practices now. Protecting your license, assets, and reputation hinges on early legal counsel, transparent operations, and robust documentation. Upon any contact from law enforcement, individuals should secure legal counsel immediately. The presumption of innocence matters, and charges are allegations—not convictions. Early intervention and strong representation can shift outcomes. Medical providers should document everything diligently. Medical necessity, patient consent, referrals, and codes must be in writing and defensible.

Even if charges carry potential fines or incarceration, negotiated resolutions mitigating those consequences are viable. At Conaway & Strickler, we are highly experienced in federal health care fraud cases. Contact us to discuss your situation confidentially—we’re here to protect your rights and your future.

Crypto money laundering follows the same pattern used for fiat (government-issued) currencies by “cleaning” funds gained through illicit means, before exchanging or withdrawing them for cash. Traditionally, money laundering involves disguising financial assets so they can be used without detection of the illegal activity that produced them. In the context of crypto, tokens are moved through various digital addresses to obscure their illegal origin and make them more difficult to trace.  

The privacy-preserving nature of crypto has opened the door for criminals to conceal the origin of illicitly gained funds through a variety of methods. Cybercriminals ultimately funnel assets through several businesses and online addresses to hide the money trail before transferring the funds to a seemingly legitimate source. 

There are several methods that criminals will use when engaging in cryptocurrency money laundering, including: 

• Smurfing: Splitting up large sums of money into smaller amounts so they can be sent via multiple transactions.  
• Exchange Hopping: Using multiple cryptocurrency exchanges to transfer funds across several platforms and obscure the money trail.  
• Crypto Swaps: Using multiple cryptocurrency wallet addresses to directly convert funds without an intermediary or a centralized exchange. 
• Offshore Transactions: Creating offshore accounts to hide the origin of funds. 
• Mixing: Blending together the crypto assets of multiple users, making it difficult to determine who owns what.   
• Gambling Platforms: Depositing tokens into online gambling websites to be either withdrawn as cash or used to place coordinated bets.  

Cybercriminals require other actors (individuals and sometimes shell companies) to facilitate this crypto money laundering. Like traditional money laundering, criminals recruit “money mules” to move or launder the illicit funds, often unknowingly. In the context of crypto, this is often done under the guise of a cryptocurrency investment scheme.  

Just as traditional money laundering can be federally prosecuted under 18 U.S.C. § 1956, crypto money laundering is a crime under that same law. In addition to money laundering charges, involvement in a cryptocurrency scam can lead to charges including conspiracy, wire fraud, mail fraud, and more. Further, individuals at all levels of these schemes can face prosecution, including those who may have unwittingly played the role of a money mule. 

With decades of experience in defending traditional financial fraud paired with a deep understanding of the newer world of cryptocurrency, our firm possesses the skills and expertise to assist those accused of crypto fraud. Contact us for a free consultation.  

“Cyber extortion is unfortunately a rapidly growing threat and highlights the ever-growing need for corporations to remain vigilant in cybersecurity efforts,” said Sean Burke, Acting Special Agent in Charge of FBI Atlanta. “This sentencing is just one example of the FBI working together to hold criminals that hide behind their computers accountable, regardless of their location.”

According to information presented in court, in June 2017, Purbeck purchased access to the computer server of a Griffin medical clinic on a darknet marketplace. He then used the stolen credentials to illegally access the computers of the medical clinic and removed records that contained the sensitive personal information of more than 43,000 individuals, including names, addresses, birth dates, and social security numbers.

In February 2018, Purbeck purchased access to a City of Newnan Police Department server on a darknet marketplace. Purbeck used the stolen credentials to hack into the City of Newnan’s computer systems and stole police reports and other documents, including personal information of more than 14,000 individuals.

Purbeck also attempted to extort a Florida orthodontist in July 2018, demanding a ransom payment in Bitcoin in return for his stolen patient files, threatening to sell the patient and personal information unless the orthodontist paid the ransom. Additionally, Purbeck threatened to sell the personal information of the orthodontist’s minor child. Purbeck harassed the orthodontist and his patients for 10 days with numerous threatening emails and text messages.

Song Wu, Chinese national, was indicted in September 2024, on charges for wire fraud and aggravated identity theft arising from his efforts to fraudulently obtain computer software and source code created by the National Aeronautics and Space Administration (“NASA”), research universities, and private companies.

“Efforts to obtain our nation’s valuable research software pose a grave threat to our national security,” said U.S. Attorney Ryan K. Buchanan. “However, this indictment demonstrates that borders are not barriers to prosecuting bad actors who threaten our national security.” According to information presented in court, Song allegedly engaged in a multi-year “spear phishing” email campaign in which he created email accounts to impersonate U.S.-based researchers and engineers and then used those imposter accounts to obtain specialized restricted or proprietary software used for aerospace engineering and computational fluid dynamics. This specialized software could be used for industrial and military applications, such as development of advanced tactical missiles and aerodynamic design and assessment of weapons. In executing the scheme, Song allegedly sent spear phishing emails to individuals employed in positions with the United States government, including NASA, the U.S. Air Force, Navy, and Army, and the Federal Aviation Administration.  Song also sent spear phishing emails to individuals employed in positions with major research universities in Georgia, Michigan, Massachusetts, Pennsylvania, Indiana, and Ohio, and with private sector companies that work in the aerospace field. Song’s spear phishing emails appeared to the targeted victims as having been sent by a colleague, associate, friend, or other person in the research or engineering community. His emails requested that the targeted victim send or make available source code or software to which Song believed the targeted victim had access. According to the indictment, while conducting this spear phishing campaign, Song was employed as an engineer at Aviation Industry Corporation of China (“AVIC”), a Chinese state-owned aerospace and defense conglomerate headquartered in Beijing, China.  AVIC manufactures civilian and military aircrafts and is one of the largest defense contractors in the world.

Ilya Lichtenstein, 35, of New York City, was sentenced recently to 60 months in federal prison for his involvement in a money laundering conspiracy arising from the hack and theft of approximately 120,000 bitcoin from Bitfinex, a global cryptocurrency exchange. According to information presented in court, Lichtenstein hacked into Bitfinex’s network in 2016, using advanced hacking tools and techniques. Once inside the network, Lichtenstein fraudulently authorized more than 2,000 transactions transferring 119,754 bitcoin from Bitfinex to a cryptocurrency wallet in Lichtenstein’s control. Lichtenstein then took steps to cover his tracks by deleting from Bitfinex’s network access credentials and other log files that could have revealed his conduct to law enforcement. Following the hack, Lichtenstein enlisted the help of his wife, Heather Morgan, in laundering the stolen funds. Lichtenstein, at times with Morgan’s assistance, employed numerous sophisticated laundering techniques, including using fictitious identities to set up online accounts; utilizing computer programs to automate transactions; depositing the stolen funds into accounts at a variety of darknet markets and cryptocurrency exchanges and then withdrawing the funds; converting bitcoin to other forms of cryptocurrency in a practice known as “chain hopping;” depositing a portion of the criminal proceeds into cryptocurrency mixing services; using U.S.-based business accounts to legitimize Lichtenstein’s and Morgan’s banking activity; and exchanging a portion of the stolen funds into gold coins. Additional information on this case is available on the United States Department of Justice’s website for large cases here.  

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

1. Mishandling/misuse of drugs. This includes diverting medications intended for patients, taking medications for your own use, failing to document or inventory medications correctly, or submitting unauthorized prescriptions to pharmacies.
2. Sexual misconduct. This could include allegations of inappropriate sexual relationships with patients or sexually harassing colleagues.
3. Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this could result in the loss of the nurse’s license.
4. Fraud. This may include allegations of falsifying patient records, misrepresenting credentials like education credits or diplomas, sending incorrect or inflated bills to insurance companies, etc.
5. Criminal convictions. Many convictions can disqualify nurses from practicing (such as driving under the influence or drug possession). Importantly, you can also lose your license if you do not disclose a past conviction (see below for more on the license renewal process).

Question: What happens when a complaint is filed against you?

Answer: If a complaint is filed against you with the board of nursing, the Board will review the complaint and open an investigation. If the allegations are serious, the board can issue an emergency temporary suspension of your license during the disciplinary process. Depending on the allegations, an investigator may be appointed to gather all necessary information, including documents, witness testimony, etc. The board may also ask you to submit a written response to the allegations in the complaint, along with any supporting evidence. The board will then decide whether there is enough evidence to support the allegations against you and move forward.

The Board may offer a consent order, allowing you to accept penalties without a formal hearing. The consent order typically involves admission to the wrongdoing and submitting to the disciplinary action recommended. If you decline, a formal hearing will be held, and disciplinary actions may follow. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing, the board will make a final determination. This could range from public reprimand to the suspension or revocation of your license. Even a minor disciplinary action can become a matter of public record, affecting your career and permanent reputation. It is critical to have a qualified attorney guiding you through this process.

Question: Why hire a nursing license defense attorney?

Answer: When a complaint is filed against you, the board of nursing does not consider you innocent until proven guilty, immediately putting you at a disadvantage. The Nursing Board’s primary goal is to protect the public, not defend nurses. With your career at stake, navigating the complexities of an investigation without legal assistance can be risky. Retaining a nursing license defense attorney ensures that your rights are protected, representing your best interests every step of the way.

Question: What if you are concerned about the license renewing process?

Answer: If you’ve been arrested or convicted since your last renewal, you need to proactively address these issues with the board. Building a mitigation packet and addressing any concerns early can significantly increase your chances of renewing your license without penalties. At Conaway & Strickle, PC, we are experienced in working with professionals to mitigate adverse Board actions related to arrests, substance abuse, and mental health issues. We can assist with not only getting your criminal case reduced or dismissed, but also renewing your license without sanctions.

Question: How can a DUI affect your nursing license in Georgia?

Answer: A DUI conviction in Georgia can result in probation and other penalties, such as random alcohol screenings, mental health evaluations, and restrictions on your nursing practice. These probationary conditions can last for years, depending on the severity of the case.

Below is a list of common probationary conditions that can be place on you following a DUI or an impaired driving under the influence of drugs charge in Georgia.

• Three years minimum probation (must be three years of continuous compliance, so the probationary period could be extended if you slip up)
• Psychotherapy Evaluation by a physician board certified in addiction medicine
• Psychotherapy Course of Treatment completion
• Quarterly Reports from Psychotherapist
• Mental and Physical Evaluation, with favorable finding pertaining to ability to perform duties
• Continuing Education Coursework
• Quarterly Reports from Employer
• Quarterly Reports from yourself
• Quarterly Reports from a Substance Abuse Treatment Aftercare program approved by the Board of Nursing
• Monthly PEth (blood alcohol) testing for first 12 months
• Bi-monthly random urine drug screens for duration of probationary period
• Random alcohol screens
• Enrollment in an Affinity Program, like the one offered by the Georgia Nurses Association
• Restrictions on nursing practice, often including an inability to practice in the following areas without prior Board of Nursing Approval: Agency/Pool Assignments; Private Duty Nursing; In-Home Nursing; Internal Float Pools; Travel Nursing; In-Home Hospice.
• Abstaining from alcohol, and mood-altering substances, including controlled substances unless prescribed.
• If prescribed any medication, providing a letter from the prescriber to both the Board of Nursing and the treatment/aftercare provider within 10-days of receiving such subscription.

Conclusion

If you’re facing challenges related to your nursing license, it’s important to act quickly. With the complexities of nursing board investigations and the potential damage to your reputation, having an experienced nursing license defense attorney is crucial. For more information, contact us today.

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.

Once referred to the FBI, many unruly passenger cases lead to federal charges, especially when sexual misconduct or violence is involved. These cases often involve unwanted touching, and allegations of individuals under the influence of alcohol or medication. Federal prison time and long-term consequences await those convicted of these serious crimes. For more information about how the FBI and federal prosecutors handle these cases, you can review this detailed account from the Department of Justice.

Beyond hefty fines, individuals charged with federal crimes for unruly behavior aboard a flight face significant prison time. Sexual misconduct in particular is treated severely, with offenders often sentenced to years in federal prison. The FAA and FBI are clear in their mission: passengers who pose a threat will be prosecuted to the fullest extent of the law.

For those facing such charges, it is crucial to seek legal representation immediately. At our firm, we are experienced in defending against federal charges related to in-flight incidents and can provide the guidance needed to navigate these complex cases. Contact us today for a consultation.

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.

Previously, residential real estate investments, particularly those conducted through shell companies or trusts, offered a level of anonymity that bad actors could exploit. This new rule eliminates some of that opacity by requiring reporting and disclosure obligations for entities and individuals involved in these transactions.

The final rule imposes several key requirements:

1. Increased Reporting and Disclosure: Individuals and firms engaged in residential real estate investments must now report detailed information regarding the identity of buyers and sellers, the source of funds, and other financial details. This includes both U.S. and foreign investors, adding an extra layer of scrutiny for cross-border transactions.
2. Enhanced Due Diligence: Investment advisers and firms must now conduct thorough due diligence on clients and the source of their funds, ensuring that they comply with AML/CFT standards. This may involve verifying identities, examining financial records, and reporting suspicious activities to FINCEN.
3. Penalties for Non-Compliance: The rule includes penalties for individuals and firms that fail to meet the new AML/CFT obligations. Non-compliance could lead to fines, sanctions, or even criminal charges depending on the severity of the infraction.

For real estate investors, the new FINCEN rule adds a new layer of legal and financial oversight. While the intention is to weed out bad actors, the burden of proof is now on investors and their advisers to ensure compliance. This means that investors will need to be more transparent in their transactions, particularly regarding the source of their funds. Without proof of the funds coming from a legitimate source, criminal charges of money laundering and fraud can result.

As the FINCEN rule takes effect, compliance will be a critical concern for many in the real estate industry. Our firm is experienced in navigating the complex landscape of financial regulations, including defending clients against charges of money laundering and related financial crimes. We can help you understand your obligations under the new FINCEN rule and defend against any accusations of non-compliance or criminal misconduct.

This new regulation represents a major shift for the residential real estate industry. Whether you’re an investor or an adviser, staying compliant is no longer optional—it’s the law. The new FINCEN rule is set to take effect on December 1, 2025. If you have questions about the new rule and how it affects your business, contact ustoday for a consultation.

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.

What protections do I have to prevent law enforcement from searching my devices?

Laws on the admission and use of this evidence in court are still evolving. In the Georgia Supreme Court case State v. Wilson, the court ruled search warrants for cell phone contents must specify the items being sought. This is to prevent a general search of a person’s belongings, which is prohibited by the Fourth Amendment.

Do I have the same legal rights at the border that I would elsewhere in the United States?

The Supreme Court ruled that the police must get a warrant before searching someone’s cell phone in Riley v. California. The Supreme Court held that a warrant is generally required before a search of a cell phone seized incident to arrest. BUT, at the border, there is less protection. According to US Customs and Border Protection a person may be chosen for inspection for many different random reasons and thus there is less protections when crossing the border in or out of the US. What this means – you can be pulled for a secondary inspection and all of your devices can be searched without a warrant. They can also get an image from the hard drive of these devices and / or seize the devices at the border.

What do I do if I am asked to give my cell phone to law enforcement?

If you know your rights, you can comply when necessary. So, for example, if you are traveling internationally – do not travel with devices that you would not want searched. Furthermore, if you are driving and pulled over with drugs or a high amount of currency in your car, etc, your cell phone and / or other devices WILL be seized and analyzed.

And, please remember anything uploaded to the cloud is fair game for law enforcement. That’s a broad statement – but when you signed up for Instagram, Whats App, Google, TikTok, Facebook, Signal, Twitter/X, etc, you signed away any privacy rights. Those companies are fast to comply with law enforcement subpoenas giving whatever you posted/uploaded immediately to them.

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.

Why Do Banks File SARs?

Banks must comply with a variety of regulations designed to prevent financial crimes. One of the core elements of these regulations is monitoring customer transactions for anything that might indicate illegal or suspicious activity. A SAR is typically filed when a bank suspects that a transaction, or series of transactions, might involve:

• Money laundering: Attempting to disguise the origins of illegally obtained money by passing it through a legitimate banking system.
• Fraud: Including wire fraud, identity theft, and other deceptive financial activities.
• Structuring: Breaking down large sums of money into smaller deposits to avoid triggering reporting requirements (also known as “smurfing”).
• Unexplained large transactions: Transactions that don’t align with an individual’s or business’s typical activity or appear inconsistent with known financial patterns.

Common Triggers for SARs

Financial institutions are trained to spot red flags, and there are a number of scenarios that could trigger a SAR filing. Here are some of the most common:

1. Unusually Large Transactions: If an individual or business is suddenly moving unusually large amounts of money, especially in cash, this can raise red flags. Large deposits, withdrawals, or transfers that don’t align with normal activity patterns may prompt the bank to investigate further.
2. Frequent Cash Deposits Below $10,000: To avoid the $10,000 threshold that triggers an automatic Currency Transaction Report (CTR), some individuals break down larger sums into smaller deposits (a practice called structuring). If a bank detects this behavior, it will likely file a SAR.
3. Wire Transfers to High-Risk Countries: International wire transfers to or from countries that are known for terrorist activity, money laundering, or lacking robust financial regulations may result in a SAR filing.
4. Multiple Accounts Under One Name: Using multiple accounts to shuffle money back and forth—especially if the accounts seem unrelated to legitimate business or personal activities—can appear suspicious.
5. Account Activity Inconsistent with Known Business Practices: If a company typically processes small, regular transactions and suddenly starts handling large, irregular amounts, it might trigger suspicion. Likewise, if a personal account shows business-level activity, this could raise alarms.
6. Use of Shell Companies: Banks scrutinize accounts associated with shell companies that lack a clear purpose or business activity, as they are often used in money laundering schemes.
7. Unexplained Source of Funds: If the origin of deposited funds is unclear, or if large amounts of money are transferred without any legitimate explanation, the bank may file a SAR.

The Impact of a SAR Filing

When a bank files a SAR, it is confidential. The individual or business subject to the report is not directly informed; However, the bank may decide to take action based on its findings, which can include:

• Account closures: If the bank believes the activity is risky or potentially illegal, it may close your account or freeze any available funds.
• Increased monitoring: Your account may come under closer scrutiny, with more restrictions placed on transactions.
• Law enforcement involvement: If the behavior in question warrants it, the SAR could lead to a broader investigation by federal or state law enforcement agencies.

What to Do if You Believe a SAR Has Been Filed Against You

While you won’t be directly informed if a SAR has been filed, you may suspect something is amiss if your bank account is frozen, closed, or you’re contacted by law enforcement regarding your financial activity. If you find yourself in this situation, here are some steps to take:

1. Seek Legal Counsel: The most important thing you can do is consult with an experienced criminal defense attorney. A SAR filing could be the beginning of a serious investigation, and you’ll want legal guidance to protect your rights and interests.
2. Gather Financial Records: Be prepared to provide your attorney with all relevant financial records. This can help explain the nature of your transactions and demonstrate that they are legitimate.
3. Do Not Attempt to Explain Yourself to the Bank: Anything you say to the bank could be misinterpreted or used against you in a later investigation. Your attorney will be able to navigate these communications appropriately.

A Suspicious Activity Report can be a precursor to serious legal trouble, but it’s important to remember that it is not an accusation of a crime. Banks are required to report anything that appears suspicious, even if the behavior is ultimately lawful. If you find yourself facing consequences related to an SAR filing, don’t wait—contact us today for a consultation and take control of your situation before it escalates. If you are facing financial crime allegations, our skilled team of criminal defense attorneys is here to help.

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:

• Overdraft exploits: Encouraging users to overdraw bank accounts and then supposedly avoid the consequences.
• Fake check schemes: Depositing fraudulent checks into accounts and withdrawing the funds before the bank detects the fraud.
• Refund fraud: Filing fake claims with companies to get refunds for purchases that were never made.

These tactics promise fast cash with minimal effort, but what they really deliver is financial and legal disaster.

Why Following the Trend is Illegal

What these TikTok videos don’t explain is the serious legal consequences of participating in such schemes. Fraud, theft, and exploiting banking systems for personal gain are criminal acts, regardless of how trendy or harmless they may seem in a 60-second clip.

Here are some common legal charges that can result from participating in these activities:

1. Bank Fraud: This is a federal crime that can result in hefty fines and imprisonment. Intentionally defrauding a financial institution is illegal under U.S. law, and following these TikTok hacks can quickly escalate into a federal investigation.
2. Wire Fraud: Many of these hacks involve electronic transfers or communications, which falls under wire fraud. This also carries severe penalties, including long prison sentences.
3. Check Fraud: Depositing fake or altered checks with the intent to withdraw funds is considered check fraud. Even if you think you’re being clever by pulling out the money before the bank catches on, it’s still a criminal act.
4. Identity Theft: Some of these schemes suggest using fake names or other people’s banking details, which could lead to identity theft charges. This is a serious offense with strict penalties.
5. Theft by Deception: If you knowingly mislead a financial institution or another individual to gain money or assets, this is classified as theft by deception. Penalties can include jail time and significant fines.

Participating in these “hacks” isn’t just risky from a financial perspective—it’s a direct pathway to legal repercussions that can follow you for the rest of your life. Depending on the scale of the fraud or theft, you could face:

• Criminal Charges: These could range from misdemeanors to felonies, depending on the amount of money involved and the nature of the crime.
• Restitution: If convicted, you could be required to pay back any money that was wrongfully obtained, along with additional penalties.
• Permanent Criminal Record: A fraud conviction can make it difficult to secure future employment, housing, or loans, and can damage your reputation permanently.

The allure of easy money is tempting, but it’s important to remember that many social media trends, like the “free money hack,” come with significant risks. Engaging in these activities can lead to criminal charges that affect your financial future and personal freedom. Before following any advice from TikTok or other social media platforms, it’s vital to understand the full legal ramifications.

If you’ve been accused of fraud or any criminal activity related to online schemes, our experienced legal team is here to help. Don’t hesitate to contact us today for a free consultation. The legal system can be complex and unforgiving, but with the right defense, you can navigate the process and work toward the best possible outcome

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.

As a healthcare professional, should you retain a lawyer for interacting with the Board? When your professional license could be at stake, an experienced attorney can assist you with navigating the Board’s procedures and hearings. For licensing applicants, there may be issues from the past that require disclosure to the Board. For example, while a past criminal conviction will not necessarily prevent an applicant from obtaining a healthcare license, the failure to make an adequate and timely disclosure could jeopardize licensure and require a hearing before the Board. For licensed healthcare professionals, the Board will handle challenges to your license that arise from allegations of any professional or criminal misconduct. Once the Board has notified you of a pending disciplinary action, consulting with legal counsel is crucial to best protect your license and career.

At Conaway & Strickler, we have experience representing healthcare professionals before the Board in matters including the disclosure and mitigation of criminal issues and the defense of alleged professional misconduct. If your healthcare license is at stake, our attorneys can help guide you through the process of safeguarding your career. Schedule a free consultation to discuss potential issues facing your professional license.

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

1. Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).
2. Informal Resolution: Except in situations where a sexual misconduct complaint is made by a student against an employee, the parties can agree to resolve the matter outside of the formal hearing process. An informal resolution agreement may include terms such as agreeing to provide a written apology, undertake community service and/or counselling, or a leave of absence from the school. An experienced attorney can help you advocate in these negotiations.
3. Formal Hearing: If the complaint is not dismissed and an informal resolution is not reached, the investigation is ultimately referred for formal hearing before a panel. The results of formal hearing will often be the most significant – regardless of the outcome, the result of a hearing will be reflected on a student’s official records. Specifically, being formally found responsible for a Title IX violation not only carries the likely punishments of suspension or expulsion, but also the collateral consequence of a permanent mark on your school transcript.

Regardless of the resolution, there can be lasting consequences of a Title IX allegation. Even if resolved informally, certain schools or professional licensing boards may require the disclosure of any past Title IX allegations. As mentioned, a formal finding is reflected on your school transcript and could affect your future employment and education. For non-citizens, certain Title IX allegations could also impact an individual’s ability to lawfully re-enter the United States.

Most importantly, Title IX allegations often overlap with conduct that could also be considered a crime. For instance, a Title IX allegation of nonconsensual sexual conduct could also be criminally prosecuted under O.C.G.A. § 16-6-1, which carries a penalty of twenty-five years to life. When facing allegations of this severity, it is important to know that any statements or information you provide will be recorded and can be used against you – not just in the Title IX context, but also in a court of law. Having an advisor to assist throughout each step of the Title IX process is crucial to minimizing exposure to any criminal liability related to the allegations.

At Conaway & Strickler, we are experienced in helping students navigate the Title IX process and minimizing the consequences that these serious allegations may carry. Contact us today to discuss how we can assist you.

Note if your asset has been SEIZED, that means the government has taken possession of your property, but it does not mean the government owns the property legally YET….See here for details on the most recent DOJ seizures and forfeiture manual.

Criminal Forfeiture

This is taken verbatim from DOJ website

In personam (against the person) action against a defendant that includes notice of the intent to forfeit property in a criminal indictment. A criminal conviction is required, and forfeiture is part of the defendant’s sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant’s illegal activity. Criminal forfeiture is generally limited to the property involved in the particular counts on which the defendant is convicted. As part of sentencing, a court may order the forfeiture of a specific property listed in the indictment, a sum of money as a money judgment, or other property as substitute property. The government must establish by a preponderance of the evidence the requisite connection between the crime of conviction and the asset. After a preliminary order of forfeiture is entered, a separate, ancillary proceeding begins to determine any third-party ownership interests in the property the government seeks to forfeit. The court then will enter a final order of forfeiture

Civil Forfeiture

In rem (against the property) court proceeding brought against property that was derived from or used to commit an offense, rather than against a person who committed an offense. Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court by a preponderance of evidence that the property was linked to criminal activity. The proceeding allows the court to gather anyone with an interest in the property in the same case and resolve all the issues with the property at one time.

In a civil forfeiture case, the government is the plaintiff, the property is considered the defendant, and any person who claims an interest in the property is a claimant. Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of fugitives, terrorists, and other criminals located outside the United States. Civil forfeiture also permits recovery of assets of defendants who have died or where the wrongdoer cannot be identified.

Administrative Forfeiture In rem (against the property) action that permits personal property to be forfeited to the United States without filing a case in federal court. The administrative forfeiture process occurs before the agency that seized the assets when no one has filed a claim contesting the seizure. There are many procedural requirements, including strict time limits and noticing requirements, designed to protect the interests and rights of property holders. Any seizure of property subject to administrative forfeiture must be based on probable cause. The primary benefit of administrative forfeiture is to avoid burdening the courts with judicial actions when no one contests the forfeiture of the seized property.

This last one (administrative forfeiture) needs translated a bit. You need to first assert a claim to the property and then it goes to the civil forfeiture route.

A person who files an administrative petition is not contesting the forfeiture. The petitioner either wants his/her interest in the asset to be recognized or is a victim of the crime(s) underlying the forfeiture. If the asset is forfeited to the government, the petitioner wants to be compensated for his/her interest.

But, a person who files an administrative claim is contesting the seizure and is requesting to pursue the matter in court. The claimant believes the asset was not part of an illegal activity and was not purchased through ill-gotten gains. To contest forfeiture in federal court you must file a claim.

Once you file a timely claim, it will stop the administrative forfeiture proceeding and it is then forwarded to the U.S. Attorney’s Office for further proceedings.

Any time deadlines are missed, the assets may be forfeited to the government. In just ONE year, in just ONE district, the Northern District of Georgia was responsible for collections and forfeitures of over U.S. Attorney Ryan K. Buchanan announced that the Northern District of Georgia was responsible for collections and forfeitures of over $31 million in Fiscal Year 2023. $31 million in Fiscal Year 2023.

Please contact us so we can help you protect your assets.

One way in which acceptance of responsibility is often demonstrated is through the defendant’s guilty plea. When a defendant pleads guilty, they are admitting to the charges against them and accept the consequences that come with those charges. This can be seen as a sign of acceptance of responsibility, as the defendant is acknowledging that they committed the crime and is willing to accept the punishment for it. Aside from pleading guilty early in the legal process, acceptance of responsibility is often demonstrated through actions such as cooperating with law enforcement or prosecutors, showing remorse for one’s actions, or taking steps towards rehabilitation and/or restitution.

During federal sentencing, a defendant who has exhibited remorse can be awarded either a two- or three-level decrease in their calculated guideline range based on USSG § 3E1.1 Acceptance of Responsibility. A majority of federal criminal defendants who plead guilty receive this sentencing decrease; but, whether it applies to a case is ultimately within the court’s discretion. Section 3E1.1 is relevant only in the federal system; however, on the state level, the general concept of accepting responsibility is still applicable at sentencing.

Any conduct or statements by the defendant that are viewed as inconsistent with genuine remorse and acceptance of responsibility can and will result in the Court ruling that the two- or three-level decrease does not apply at sentencing. Recently, “Rust” armorer Hannah Gutierrez-Reed was sentenced to the maximum penalty of 18 months in prison after prosecutors argued that she showed no remorse for her conduct.

In a filing to the Court, the prosecutors highlighted several jail calls where Gutierrez-Reed demonstrated her “complete and total failure to accept responsibility for her actions.” The filing states she complained about how the shooting had negatively affected her life and modeling career while never expressing genuine remorse at any time. In those recorded jail calls, the defendant made several crude comments, including calling the jurors “idiots” and “retards.”

The full filing submitted to the Court highlighting the jail calls is available here. Ultimately, after seeing the defendant’s conversations in jail, the judge agreed that Gutierrez-Reed had not accepted responsibility or exhibited genuine remorse for her conduct. Accordingly, she was sentenced to the maximum punishment per the recommendation of the prosecutors.

Airports are high security environments with strict rules enforced through law enforcement, federal agents, TSA checkpoints, drug-sniffing dogs, US Marshals aboard flights, and more. Being arrested at an airport is overwhelming, scary, and often times, completely unexpected. However, the consequences of these arrest can be serious and long-lasting. An arrest at an airport could lead to detention by law enforcement, criminal charges, and the need to retain legal representation.

If you are arrested at an airport, you may be taken into custody and transported to a detention center or police station where you will be held and processed until further legal proceedings. However, this does not always happen at the airport – you may leave the airport and later have a warrant issued for your arrest. In that case, you would still need to turn yourself in for processing with law enforcement. In either circumstance, it is essential to remember your rights, including the right to remain silent and the right to legal counsel. Contacting an experienced criminal defense attorney will help you navigate that distressing process with an advocate by your side.

Airport arrests can lead to severe criminal charges depending on the circumstances of your case. Common criminal charges in this context cover a broad range including drug offenses, sexual offenses, firearm offenses, DUIs, disorderly conduct, battery, theft, trafficking, and fraud. You could also be arrested at the airport for entirely unrelated criminal charges if you are simply identified and apprehended pursuant to an active arrest warrant, such as this recent arrest in Atlanta. Committing crimes while aboard an aircraft (like interfering with the performance of the duties of a flight crew) can lead to federal criminal charges and even more severe penalties. Many of these charges carry significant terms of imprisonment and hefty fines.

A strong legal defense is crucial if you have been arrested at an airport or are under investigation for alleged conduct at an airport. A skilled criminal defense attorney will guide you through the process, explain the charges against you, and evaluate the evidence to develop a defense strategy tailored to your case.

At Conaway and Strickler, we craft a defense based on the unique circumstances of each case and work closely with our clients to pursue favorable resolutions. If you have been arrested or detained at an airport, it is important to hire an attorney that is experienced in this area of law and can safeguard your rights throughout each step of the process. Contact us for a free consultation regarding your case.

Under O.C.G.A. § 24-4-404(b), evidence of other acts can be introduced by the prosecution to prove a defendant’s “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” This type of evidence is only admissible if the State shows:

“(1) that it seeks to introduce the evidence not to raise an improper inference as to the defendant’s character but for some proper purpose; (2) that there is sufficient evidence to establish that the defendant committed the independent offense; and (3) that there is a sufficient connection or similarity between the independent offense and the crime charged so that proof of the former tends to prove the latter.” Amica v. State, 704 S.E.2d 831 (Ga.App. 2010).

More specifically, however, O.C.G.A. § 24-4-413 provides that “evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.”

This means that while evidence of other acts is admissible in all types of criminal cases, it is most liberally extended in the area of sexual offenses. This presents an issue for defendants at trial because it potentially opens the door to every allegation anyone ever made against the defendant regardless of whether the allegation was reported to the police or whether the defendant was ever prosecuted. This often leads to the admission of uncorroborated and unreliable allegations that the defendant never had a prior opportunity to disprove.

Similar transaction evidence can be one of the largest hurdles facing a criminal defendant. Although the judge tells the jury that all this evidence about the other crime cannot be used to determine the guilt for the crime that the defendant is on trial for, that is not a reality. Evidence of prior crimes will almost always create some bias in the minds of jurors.

The law surrounding similar transaction evidence is complex, but there are ways a skilled attorney can ensure this type of evidence is excluded from trial. Early in the case, criminal defense attorneys must identify potential evidence of other acts and investigate these allegations just as thoroughly as the allegations in the indictment. Even though the defendant is technically only on trial for the charges in the indictment, the defense must effectively disprove or exclude evidence of prior allegations and crimes.

Money Laundering refers to the illegal process of concealing the origins of money obtained through criminal activities, making it appear as if it comes from a legitimate source. This is criminalized under 18 U.S.C. § 1956. Money laundering using NFTs involves the illicit use of these digital assets to disguise the origins of illegally obtained funds. In this context, individuals create a fake record of sales on the blockchain by selling NFTs to themselves using different accounts. Once finished, they sell the NFT to an unsuspecting buyer and repeat the process.

Fraud has grown increasingly common in the crypto landscape due to its anonymous and decentralized nature. Fraud involving NFTs can manifest in various ways due to the unique characteristics of these digital assets. This is mostly being prosecuted as wire fraud under 18 U.S.C. § 1343. Some common forms of fraud associated with NFTs include:

1. Fake or Stolen NFTs: Fraudsters might create counterfeit NFTs by copying digital content and attempting to sell them as original or rare pieces. Additionally, they might steal someone else’s artwork or content and mint NFTs to sell without the creator’s consent.
2. False Representation: Individuals might misrepresent the ownership or authenticity of an NFT by falsely claiming it is associated with a particular creator or source, leading buyers to believe they are purchasing something of higher value or legitimacy than it actually holds.
3. Pump-and-Dump Schemes: Similar to traditional financial markets, some individuals may engage in pump-and-dump schemes within the NFT market. This involves artificially inflating the value of certain NFTs through false hype or manipulation, only to sell them off at a high price, leaving unsuspecting buyers with devalued assets.
4. Phishing and Scams: Scammers may use phishing techniques to trick NFT owners into providing their private keys or access to their digital wallets, allowing the fraudster to steal the NFTs. Additionally, fraudulent schemes and fake NFT marketplaces can deceive buyers and sellers into making transactions for non-existent or misrepresented NFTs.
5. Rug-Pull Scheme: As the term suggests, a “rug pull” refers to a scenario where the creator of an NFT and/or gaming project solicits investments and then abruptly abandons a project and fraudulently retains the project investors’ funds.

Law enforcement is continuing to prosecute these types of NFT schemes across the nation, in cases that allege millions of dollars being defrauded. Two defendants were charged for executing a $1 million NFT money laundering and fraud scheme in January 2022. In another NFT rug-pull, Aurelien Michel was charged for diverting $2.9 million dollars in an international fraud scheme.

In deciding whether to terminate probation early, the Court will consider the factors set forth in 18 U.S.C. 3553(a). The 3553(a) factors include: the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need for the sentence imposed to afford adequate deterrence to criminal conduct, the need for the sentence imposed to protect the public from further crimes of the defendant, the need for the sentence imposed to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment, and the need for the sentence imposed to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.

After a defendant files a petition to have their sentence modified or terminated, it is the Judge’s decision whether probation should be terminated early. This judge will often be the same judge that imposed the original sentence. In most cases, judges deny requests; however, certain factors can strengthen a defendant’s request for early termination of probation. Overall, to successfully terminate a term of probation, the defendant must show that they have earned it through good conduct, and it would be in the interests of justice.

Judges may consider the following factors in their determination of a request to terminate or modify the term of probation:

• Whether your probation officer and the Prosecutor support your request;
• The nature and seriousness of the crime you were convicted of;
• Your criminal history and/or mental illness history;
• Whether the judge believes you are a threat to the public;
• Whether the judge believes you have been sufficiently punished;
• Whether you have completed any substance abuse treatment or rehabilitation programs;
• How your sentence compares to the federal sentencing guidelines recommended sentence;
• U. S. Sentencing Commission policy statements;
• Whether you’ve paid restitution to the victims.