What will this mean to clients charged with trafficking or possessing fentanyl? This concept has been debated for a few years now. Unfortunately, it is now official. This executive order will increase the penalties. 18 U.S.C. §2332 imposes a maximum sentence of life in prison for violation of this statute, and, if death results, this statute permits bringing the death penalty.

Despite intensified measures targeting drug supply and trafficking, there remains a lack of substantial efforts directed toward treatment, prevention, and broader accountability. Issues surrounding pharmaceutical companies such as the Sacklers, Purdue Pharma, and the ongoing opioid epidemic continue to be areas of public concern and debate.  

While federal enforcement efforts are intensifying, the current approach may further strain the criminal justice system, especially as courts and correctional facilities contend with rising caseloads linked to fentanyl offenses. The broader public health response—including investments in addiction recovery, harm reduction, and community education—remains crucial to preventing future tragedies and supporting individuals affected by substance use disorders. As policy shifts continue, we will need to balance aggressive enforcement with meaningful support for those impacted by the opioid crisis. 

The Department of Justice is currently citing “office policy” of very tough resolutions to drug trafficking cases with zero thought on the individual details of each case.

Contact us should you or a loved one be facing a possession with intent to distribute or drug trafficking charge.

Over the past three decades, Conaway & Strickler, PC has represented physicians, nurses, dentists, CPAs, chiropractors, financial advisors, educators, lawyers, and many others. The list of licenses for the state of Georgia shows how many professionals rely on licensure for their livelihood. We provide strong defenses to protect your professional license and preserve your reputation and career longevity.

It is important to contact Conaway & Strickler, PC very early on so that we can make strategic steps to protect your livelihood. For example, a physician who is facing allegations of misconduct may face suspension, probation or revocation. It is important to have experienced legal counsel to effectively navigate these uncertain waters.

Here is a list of the top 10 of the Most Common Disciplinary Actions Against Healthcare Professionals published recently by GCMB. It helps explain some common pitfalls and responsibilities outlined by
the GCMB.

If you are facing any issues with your professional license, we are here to help.

What is Georgia Medicaid? Medicaid is a “medical assistance program that helps many people who cannot afford medical care pay for some or all of their medical bills. Medicaid is administered by the Georgia Department of Community Health and pays medical bills with state and federal tax money.”

What is Medicaid Fraud?

Medicaid Fraud can come in many different forms – some elaborate and some not so elaborate.

What are some types of fraud?

-Billing for Unnecessary Services or Items -Intentionally billing for unnecessary medical services or items. -Billing for Services or Items Not Provided – Intentionally billing for services or items not provided. -Unbundling Billing for multiple codes for a group of procedures that are covered in a single global billing code. -Upcoding Billing for services at a higher level of complexity than provided. -Card Sharing -Knowingly treating and claiming reimbursement for someone other than the eligible beneficiary. -Collusion – Knowingly collaborating with beneficiaries to file false claims for reimbursement. Kickbacks -Offering, soliciting, or paying for beneficiary referrals for medical services or items. Program Eligibility – Knowingly billing for an ineligible beneficiary

Who prosecutes these cases?

The DOJ’s Health Care Unit. or in Georgia, the Georgia Medical Fraud Division of the Office of the Attorney General

What are some examples of prosecutions?

Opioid prosecutions National Health Care Fraud Enforcement – “The Department of Justice announced today criminal charges against 138 defendants, including 42 doctors, nurses, and other licensed medical professionals, in 31 federal districts across the United States for their alleged participation in various health care fraud schemes that resulted in approximately $1.4 billion in alleged losses.”

In the 2019 Operation Brace yourself prosecution press release, the DOJ had a call to action stating, “Any doctors or medical professionals who have been involved with alleged fraudulent telemedicine and DME marketing schemes – including Video Doctor USA, AffordADoc, Web Doctors Plus, Integrated Support Plus and First Care MD should call to report this conduct to the FBI. Nope, call a lawyer first!

Conaway & Strickler, PC has experienced healthcare fraud defense lawyers ready to assist if you receive a subpoena, a “friendly visit by agents”, a request for some patient files, or an interview request from the Medicaid Fraud Control Unit. Contact us to learn more – do not go at this alone.

J.D. Candidate, Class of 2025 The George Washington University Law School

Health care fraud consists of an individual, a group of people, or a company knowingly misrepresenting the type, scope, or nature of the medical treatment or service provided, for the purpose of making illicit profits or benefits. These crimes can be committed by medical providers and patients alike, with both parties using different methods for their respective roles. Common fraud committed by medical professionals can include:

* Double billing, in which multiple claims for the same service are submitted to an insurance company

* Phantom billing, where a medical provider bills for a service visit or supplies the patient never received,

* Unbundling, which involves Submitting multiple bills for the same service, and Upcoding, where a patient is Billed for a more expensive service than what they actually received.

Common fraud committed by patients or other individuals can include

* false marketing to convince people to provide their health insurance identification number and other personal information to bill for non-rendered services, steal their identity, or enroll them in a fake benefit plan

* Identity theft/identity swapping by using another person’s health insurance or allowing another person to use your insurance

* Impersonating a health care professional through providing or billing for health services or equipment without a license

Health care fraud is governed by Title 18 of the United States Code, Section 1347, which makes it a federal crime to defraud any health care benefit program or obtain, by fraudulent means, any money or property from a health care benefit program. (18 U.S.C. § 1347). The FBI is the primary agency responsible for investigating healthcare fraud, for both federal and private insurance programs. The FBI investigates these crimes in partnership with: Federal, state, and local agencies, Healthcare Fraud Prevention Partnership, and insurance groups such as the National Health Care Anti-Fraud Association and the National Insurance Crime Bureau.

The consequences of a health care fraud conviction are severe and carry many penalties along with the possibility of a lengthy prison sentence. For medical professionals convicted of health care fraud, there is a high likelihood of losing a medical license or being blackballed by the industry. Under the federal exclusion statute, individuals may be excluded from participating in any federal healthcare program if they were convicted of a criminal offense related to the delivery of an item or service under Medicare or a state health care program. These exclusions may also be mandatory, as the Office of the Inspector General (OIG) has no discretion in imposing the mandatory exclusions if the elements are satisfied.

Navigating the federal criminal system is a task that should not be endured alone. If you have a health care fraud matter that you would like to discuss with experienced federal criminal defense lawyers, please contact our team today for more information about what we can do to help.

Insurance fraud consists of crimes where an individual consumer or insurance company, agent, or adjuster commits deliberate deception to obtain illicit profits or benefits. While the classification of insurance fraud is broad and consists of many different variations, including health care fraud, life insurance fraud, and unemployment fraud, the crime occurs in the same manner; during the process of buying, selling, or underwriting insurance.

While every state has its own laws which criminalize insurance fraud, federal law does not specifically address the crime. Instead, federal law addresses insurance fraud through The Violent Crime Control and Law Enforcement Act (1994), which gives the Federal Government jurisdiction over insurance fraud once a transaction crosses state lines (either physically or through wire). The alleged fraud then falls into the federal government’s jurisdiction and will be prosecuted at the federal level. Title 18 U.S. Code § 1033: specifically outlines this jurisdiction as Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. This law separates insurance fraud into 5 categories including:

* Knowingly making any materially false statement or report or willfully overvaluing the value of land, property, or security for insurance purposes.

* Willfully embezzling, abstracting, or misappropriating premiums, credits, or other money or property of an insured.

* Knowingly falsifying information about the financial state of a business with the intent to deceive insurers, examiners, or regulatory agencies.

* Making threats or attempting to impede the efforts of insurance examiners or regulatory agencies from the “due and proper administration of the law”.

* Engaging in the business of insurance if you have been previously of convicted any criminal felony involving dishonesty or a breach of trust

Insurance fraud is investigated internally, through private companies, and through state and federal law enforcement agencies like the Federal Bureau of Investigation (FBI) and the Internal Revenue Service (IRS). Insurance companies that investigate internally have special divisions responsible for identifying fraud, denying insurance claims, and reporting suspicious activity to law enforcement.

Insurance fraud is a serious crime that carries severe penalties both legally and peripherally.

Depending on the nature of the offense, a conviction for this crime may have you facing anywhere from 10 to 15 years in prison, and the disqualification of ever working within the insurance business. Navigating these charges should not be endured alone. The moment you become the target of a federal insurance investigation, contact our team of experienced federal criminal defense lawyers to learn how you can protect your freedom.

So, after filling out all of these various things for the Avvo profile, we decided to ask some direct questions of managing partner, Meg Strickler

1. Where did you go to law school? Emory law
2. Have you tried jury trials at both the state and federal level? yes
3. Give me an example of one cases you tried and got a not guilty? Rape Fulton county 2020
4. Do you practice any other type of law beside criminal defense? NO never have
5. Do you do any pro bono? yes, I do a limited amount through Georgia Justice Project
6. Do you have a “motions practice”? This is kind of a silly question as of course we prepare all cases ready to file and ARGUE motions if necessary to achieve the desired result in a case
7. Do you mentor younger lawyers? I am an adjunct professor at Georgia State College of Law teaching Advanced Evidence. And I also teach trial techniques at Emory Law at their annual trial technique program each spring for 2Ls.
8. Dog person or cat person? Both -have 2 dogs and 1 cat
9. What do you do when not practicing law? working on my French up through Duolingo
10. What disparities do you see in your practice? I hate to see the inconsistent meting out of justice.

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 other federal agencies more time to investigate and prosecute Covid-19 fraud. It extended the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years.

And on September 14, 2022, the DOJ announced the establishment of three Strike Force teams created to enhance the Department’s existing efforts to combat and prevent COVID-19 related fraud. The Strike Force teams will operate out of U.S. Attorney’s Offices in the Southern District of Florida, the District of Maryland, and a joint effort between the Central and Eastern Districts of California.

Concerned about PPP loan or EIDL loan fraud investigations? Our firm has represented both companies and individuals facing questions from the bank or investigators. Please contact us before interacting with any investigators or agents.

But,what if a threat is simply a result of a prank? What charges could result from calling in a threat that is not real? Criminal defense attorney Meg Strickler recently commented on NBC 11 Alive News about this very issue. Calling in a threat to a school can be very disruptive and it will always involve law enforcement. Teens can thus face charges ranging from misdemeanor to federal charges. And, the school can also suspend or expel a student for this conduct.

It is a complex situation especially in these times.

Contact Conaway & S Strickler, PC to discuss. We are here to help protect you and your loved ones’ rights.

https://www.nbcnews.com/business/economy/congressional-investigation-finds-over-1-billion-ppp-fraud-n1239001). The Paycheck Protection Program (“PPP”) was authorized as part of the Coronavirus Aid, Relief, and Economic Security Act to provide forgivable loans to eligible small businesses. Under the PPP, small businesses can apply for loans that must be used for payroll expenses, interest on mortgage, rent, and/or utilities only. The amount of a PPP loan that a business could receive is generally 2.5 times (or 250%) the business’s average monthly payroll cost. The United States Small Business Administration oversees the PPP, but individual PPP loans are issued by private, approved lenders and banks, which are federally insured financial institutions.

How does the government identify potential fraud? They review the following, among other things:

1. The PPP Borrower Application Form – An applicant must provide information related to their loan application, including the amount of the business’s average monthly payroll, the number of employees, and the purpose of the loan, with options for payroll, lease/mortgage interest, utilities, etc. The lender will use this information to calculate the amount of the loan that a business is eligible to receive. The Application Form also requires certain representations and certifications, including certifications as to the accuracy of the information included in the application itself and in any supporting documents and a certification that the funds will be used to retain workers and maintain payroll or to make mortgage interest payments, lease payments, and utility payments. So, anything on this form, anything, that is incorrect can be an issue.
2. IRS Form 941 – These are Employer’s Quarterly Federal Tax Returns. Generally, in an application for PPP, one needs to upload Form 941s to supplement the application. These forms are used to report payroll for each quarter and must be provided for 2019 and 2020, at least. Any figures on the uploaded forms that don’t match IRS records will raise a flag.
3. Bank statements – A PPP application requires the business to upload recent bank statements. Here, one can get in trouble if the statements uploaded don’t match bank records. Also, the government can confirm previous payroll by reviewing these statements, and can use them to confirm business revenue and expenses.
4. W2s – If these are uploaded as part of the application, they must match IRS records.
5. Articles of Incorporation – The government will have records from the Secretary of State as to when a business was officially incorporated. Any officers currently listed on the Secretary of State may have criminal liability should a PPP loan application be defective.

To understand what charges can result from issues with a PPP Loan application, please click here: https://www.conawayandstrickler.com/blog/2020/06/could-you-face-prosecution-for-paycheck-protection-program-ppp-loan-fraud/

Additional documentation can be required for a PPP loan to be processed successfully. If your business has had its PPP loan proceeds frozen for any reason, it is wise to contact us immediately. We can work with the banks and investigators to ensure a positive resolution.

In Operation Double Helix, patients nationwide were allegedly lured into providing their DNA for testing in a widespread genetic testing fraud scheme powered by a large telemarketing network. The doctors and nurse practitioners involved were paid to write orders prescribing the testing without any patient interaction or with only a brief telephone conversation.

Healthcare fraud remains a key target of the United States Department of Justice (DOJ). The DOJ uses civil penalties, as well as criminal charges, to punish healthcare fraud. The DOJ views healthcare fraud as a major issue.

CIVIL

1. False Claims Act (FCA). The statute prohibits a person from knowingly presenting (or causing to be presented) a false or fraudulent claim for payment to the federal government. It also prohibits knowingly making a false statement material to a false or fraudulent claim. The FCA covers wrongful conduct like “upcoding” and “unbundling,” as well as submitting claims for procedures that were not undertaken at all.
2. Stark Law. The Stark Law prohibits a physician from referring a Medicare patient for certain designated health services to any entity in which the referring physician has a financial relationship.

CRIMINAL

1. Anti-Kickback Statute (AKS). The AKS is a criminal statute that prohibits offering or providing anything of value to induce the referral of Medicare or Medicaid business. Please see https://www.justice.gov/opa/pr/federal-indictments-and-law-enforcement-actions-one-largest-health-care-fraud-schemesThis was the beginning of a massive amount of criminal charges nationwide.
2. Criminal health care fraud statute. Under this statute (18 U.S.C. § 1347), a person can be held liable for a scheme to intentionally (1) defraud any healthcare benefit program or (2) use false statements to obtain funds held by a federal healthcare program. The penalties are steep: up to 10 years in prison and a fine up to $500,000 or twice the amount of the fraud.

The DOJ will continue to investigate these type of cases aggressively. That is why you need to call an experienced lawyer as soon as there appears to be an indication of an investigation.

The US has recently authorized economic and travel sanctions against the members of the International Criminal Court who are investigating war crimes committed in Afghanistan. Are these sanctions lawful and justified? Should the US fear the jurisdiction of international courts? Our panelists will discuss these recent developments in the sphere of US foreign policy and international law.

Click the link for more details or to register. Discussion begins Friday, August 7, 2020 at 1:30pm EST:

https://www.americanbar.org/events-cle/mtg/web/402850456/

What are Stingrays and Dirtboxes?

https://theintercept.com/2020/07/31/protests-surveillance-stingrays-dirtboxes-phone-tracking/

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:

1. The criminal charge of BEC (Business email compromise) fraud
2. Representing a victim of BEC
3. Theft of trade secrets
4. Representing a victim of theft of trade secrets by a disgruntled employee or insider
5. Protecting small companies from potential hacks/ data breaches
6. Contacting law enforcement after a hack/breach
7. Commencing civil litigation in an attempt at restitution
8. Aggravated identity theft
9. Protection of PII
10. Cyber insurance

Please watch here: https://lnkd.in/gjHgVWt

Know the rules

The Georgia Board of Dentistry has 11 board members who determine the current rules and regulations. Not only do they handle the rules, but they also approve licensing and renewals for the state. While the National Board Examination administers the exam, you must go through the board to obtain a license. Dentists must also submit to HIPAA guidelines because they handle patient information. Understanding the various rules on what procedures and prescriptions you can administer can help you avoid negatively impacting your license.

Cooperate

If the state examiners come to your office, the worst thing to do is make things more difficult for them. Try to remain calm and polite as they address their reasons for being there and detail what they want you to do. The best initial plan is to follow their recommendations. If they want you to immediately close your office, apologize to your patients, then close up shop. They should have paperwork in hand to provide you with the reasons for their request. Then, you can start working on your defense.

Hire an attorney

An experienced defender can help you fight the allegations and protect your dental license. Without a good defense, you have limited ability to regain lost time and money, not to mention avoid losing your license to practice. Regardless of the examiner’s reason for being in your office, following these guidelines can make it easier to start your defense and get back to caring for your patients.

If you are under investigation for a cybercrime, you should know that the prosecution will be aggressive and the penalties harsh.

A little history

The first federal case of cyber harassment came to court in 2004. The man accused reached a plea agreement and pleaded guilty to two of 26 counts of internet violations. These included sending harassing and threatening emails to his former girlfriend.

Investigation led to indictment

The discovery of evidence occurred through an investigation by a joint cybercrime task force that included, among other departments and agencies, the FBI, the IRS and the United States Secret Service, leading to the 2004 indictment.

Most likely targets

According to Pew research, internet users between the ages of 18 and 29 are the most likely targets of online harassment. Men receive most of the online physical threats while women often receive sexual harassment and cyberstalking messages, both through emails and on social media sites. Half of the people who experience online attacks say they do not know who is behind it. Anyone involved in carrying out some form of cybercrime usually feels confident in his or her anonymity.

The cyber units working today

Cybercrime continues to grow. It has become much more sophisticated over the years. Like the agencies that joined forces to pursue the perpetrator in the 2004 case, cyber units exist today, using tactics equally sophisticated to track down people engaged in some form of online criminal activity, from harassment to computer hacking. The FBI is the federal agency that leads investigations, perhaps like the one you have become aware of. This is your cue to explore your legal options. Your next stop may be federal court, where aggressive prosecution is the order of the day. It will be important for you to have an equally aggressive defense against the cybercrime charges coming your way.