White Collar Offenses - Conaway & Strickler

Digital Privacy – Fourth Amendment Case Law Update

Conaway & Strickler, P.C. — Mon, 27 Apr 2026 12:53:32 GMT

This week, the U.S. Supreme Court will decide if law enforcement needs to be more specific in their applications for search warrants for phones. At issue this week specifically is whether law enforcement can use broad geofence warrants to gather information about an alleged crime. In the case before the Supreme Court, the issue is whether the government can use cell phone location data at a crime scene without knowing who is holding the phone. They are gathering data based on the Global Positioning System, Bluetooth beacons, cell phone towers and local wi-fi networks.

To understand the specifics of this case, below we have quoted directly from the Petitioner’s Brief:

This case concerns the constitutionality of geofence warrants. For cell phone users to use certain services, their cell phones must continuously transmit their exact locations to their service providers. A geofence warrant allows law enforcement to obtain, from the service provider, the identities of users who were in the vicinity of a particular location at a particular time. In this case, law enforcement obtained, and served on Google, a geofence warrant seeking anonymized location data for every device within 150 meters of the location of a bank robbery within one hour of the robbery. After Google returned an initial list, law enforcement sought— without seeking an additional warrant—information about the movements of certain devices for a longer, two-hour period, and Google complied with that request as well. Then—again without seeking an additional warrant—law enforcement requested de anonymized subscriber information for three devices. One of those devices belonged to petitioner Okello Chatrie. Based on the evidence derived from the geofence warrant, petitioner was convicted of armed robbery.

The last time the Supreme Court wrestled with cell phone privacy issues was in Carpenter v. United States, 585 U.S. 296 (2018), which is a landmark United States Supreme Court case concerning the privacy of historical cell site location information. The Court held in that case that the government violates the Fourth Amendment when accessing historical cell phone Iocation records containing the physical locations of cellphones without a search warrant. That case, however, was after a suspect was identified, making it unlike the current case before the Supreme Court.

We receive terabytes of data in discovery for our cases. Motions to suppress can be filed for all of the data seized from search warrants of phones. We are cognizant of the ever changing landscape of Fourth Amendment case law. We ensure that law enforcement follows the appropriate procedures for every single case. Contact us now if you have a case you would like to discuss.

Largest U.S. Health Care Fraud Takedown: 324 Charged, $14.6 B Alleged Loss

Law Office of Conaway & Strickler — Tue, 01 Jul 2025 13:49:00 GMT

On June 30, 2025, the Department of Justice announced its largest-ever National Health Care Fraud Takedown, unveiling criminal charges against 324 individuals, including 96 doctors, nurse practitioners, pharmacists, and other licensed medical professionals across 50 federal districts and 12 state attorney general offices. The alleged schemes involved over $14.6 billion in intended losses—a record more than double the previous $6 billion takedown

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.

Department of Justice Fraud Prosecutions

Law Office of Conaway & Strickler — Wed, 28 May 2025 13:28:00 GMT

Fraud is a concept that has been in the criminal justice system forever. Google defines it as an intentional deception used to gain an unfair advantage or benefit, often involving financial gains. How does the Department of Justice prosecute fraud? Below is a non exhaustive list of charges that the DOJ can bring.

Wire fraud
Mail fraud
Bank fraud
Tax fraud (tax evasion or false statements)
Healthcare fraud/FCA
Medicare/Medicaid fraud
PPP loan or COVID relief fraud
Securities fraud
Mortgage fraud
Immigration or visa fraud
Government contract fraud
Identity theft or benefits fraud
Trafficking in Counterfeit Goods or Services
Anti kickbacks
AML

The FBI gives this list of frauds and the DOJ publishes some of their cases here.

Fraud investigations can begin in a number of ways. In many cases, they are triggered by:

A whistleblower or former employee
A suspicious activity report
A suspicious activity report (SAR) from a bank or financial institution
Data flagged by automated fraud detection software
A referral from another federal agency (e.g., IRS, SBA, USPS, HHS)
A civil audit or regulatory review that uncovers irregularities
Investigative journalism or public tips
Problems in real estate transactions. (FINCEN’s new rule extends Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) obligations to investment advisers involved in these transactions)

Once red flags are detected, the matter is referred to a federal investigative agency. These can include:

Federal Bureau of Investigation (FBI)
Internal Revenue Service – Criminal Investigation (IRS-CI)
Office of Inspector General (OIG)
Postal Inspection Service (USPIS)
Securities and Exchange Commission (SEC)
Health and Human Services (HHS)
Small Business Administration (SBA)

If you have been contacted by federal agents FOR ANY REASON, contact a federal criminal defense attorney immediately. Do not speak period. If you have received a grand jury subpoena, contact a federal criminal defense attorney immediately. If you have received a target letter, contact a federal criminal defense attorney immediately. If you are being audited by the IRS, SBA, HHS or another agency, contact a federal criminal defense attorney immediately. It never hurts in this last instance to have sage advice before the investigation goes any further.

At Conaway & Strickler, PC, we are here to help. Contact us to discuss your options.

Paycheck Protection Program Enforcement Continues

Law Office of Conaway & Strickler — Fri, 25 Oct 2024 13:36:00 GMT

As discussed in our prior blogs, the Department of Justice has already been prosecuting cases of larger-scale, outright PPP fraud. In August 2022, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of Limitations Act of 2022” extend the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years. This has allowed the government more time to prosecute these cases. And they continue to do so with increasing frequency. Recently the government was involved in prosecuting this covid-19 related schemes,

In investigating PPP loan fraud, the government first looks at the application itself. How many employees does the company have? Does that number match their payroll tax filings? Are the 941‘s the same as what is on file at the IRS? Has the owner(s) been convicted of or pled guilty to a felony with the past 5 years? Do the bank statements submitted on the PPP loan application match the actual bank statements? Are there business expenses on the bank statements? Was the bank account in a business checking account? When was the entity created? Did the company apply for more than one loan? Does the individual owner have multiple entities and apply for multiple loans? Any inaccurate statements on the application can result in a charge under Under 18 U.S.C. § 1344 (bank fraud) – making false statements to an FDIC-insured financial institution, or making false statements to the SBA. In addition, the CARES Act also has requirements for how companies use, and account for the use of, PPP loan funds. Some of the more outrageous PPP loan fraud prosecutions have resulted due to individuals buying Range Rovers, Lamborghinis and rolex watches with PPP loan proeeeds, i.e. converting PPP loan funds for personal use. Also, when seeking forgiveness for loans, companies must be very careful in what they submit. Any false documentation submitted can result in prosecution.

So, should the government be inquiring about your PPP loan(s) or EIDL loans or any disaster relief funds, it is important to contact us immediately. Being evasive or being unable to produce documentation of PPP Compliance will only increase issues that you will be facing. Allow Conaway & Strickler, PC to help you with expert advice from experienced federal counsel. We are very familiar with the federal criminal investigative process with the SBA-OIG, IRS and the DOJ.

Conaway & Strickler, PC handles PPP loans nationwide. Meg Strickler has 25 plus years experience fighting federal criminal cases in the district courts across the country.

How is White Collar Crime Generally Prosecuted?

Conaway & Strickler, P.C. — Mon, 10 Jul 2023 17:17:13 GMT

The Department of Justice investigates and prosecutes cases where large amounts of money is alleged to have been taken. Examples of white collar crimes are money laundering, bank, wire and mail fraud, tax evasion, insider trading, insurance fraud, mortgage fraud, bribery and embezzlement. Of course Homeland Security, the FBI, the IRS, Customs and Border Patrol and SEC can also investigate and prosecute cases of fraud as well.

The government has a special United States Guideline Chapter dedicated to “basic” economic offenses. For purposes of this blog, this chapter will be discussed in more detail below. As with anything involving federal criminal litigation, nothing is crystal clear in the law. Therefore, there is also a chapter in the United States Guidelines dedicated to tax offenses, election fraud, gambling, and money laundering in the United States Sentencing Guidelines.

This USSG chapter DOES cover extortion, bribery, kickbacks, counterfeiting, embezzlement, health care fraud, computer fraud, insurance fraud, securities fraud, mortgage fraud, identity fraud, bankruptcy fraud, etc. What is most important in this chapter is the loss amount. All charges start off with a base offense level of 6 or 7 depending on the statutory max of the offense charged. Then, you look at what the “loss amount” is using the below table.

Loss (apply the greatest)	Increase in Level
(A) $6,500 or less	no increase
(B) More than $6,500	add 2
(C) More than $15,000	add 4
(D) More than $40,000	add 6
(E) More than $95,000	add 8
(F) More than $150,000	add 10
(G) More than $250,000	add 12
(H) More than $550,000	add 14
(I) More than $1,500,000	add 16
(J) More than $3,500,000	add 18
(K) More than $9,500,000	add 20
(L) More than $25,000,000	add 22
(M) More than $65,000,000	add 24
(N) More than $150,000,000	add 26
(O) More than $250,000,000	add 28
(P) More than $550,000,000	add 30.

The loss amount is a pandora box of confusion and the government is able to add all kinds of relevant conduct and intended loss conduct to inflate these numbers.

To further make things complicated, there are enhancements in this section that permit the government to add levels for things such as the use of sophisticated means, role in the offense, number of victims, a defrauding a charity, mass marketing, among others.

Navigating the federal criminal system is a task that should not be endured alone. Contact our team today for more information about we can protect your rights and your freedom.

Federal Criminal Law – Wire Fraud and Possible Alternatives

Conaway & Strickler, P.C. — Sun, 26 Mar 2023 18:22:13 GMT

By Brandon Fitz

Wire Fraud is a serious white-collar crime and is defined under 18 USC §1343 and states:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. 18 U.S.C.A. § 1343.

Generally, the 11th Circuit has stated that mail or wire fraud occurs when (1) a person intentionally participates in scheme to defraud another (2) of money or property and (3) uses mails or wires in furtherance of that scheme. Cesnik v. Edgewood Baptist Church, 88 F.3d 902 (11th Cir. 1996).

The Department of Justice however does have its own internal limitations for prosecution. According to Justice Manual 9-43.100 (Prosecution Policy Relating to Mail and Wire Fraud), “Prosecutions of fraud ordinarily should not be undertaken if the scheme employed consists of some isolated transactions between individuals, involving minor loss to the victims, in which case the parties should be left to settle their differences by civil or criminal litigation in the state courts. Serious consideration, however, should be given to the prosecution of any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.”

Alternatives to prosecutions can also come in the form of Pretrial Diversion (PTD). PTD programs divert certain offenders from traditional criminal justice processing into alternative systems of supervision and services. Individuals who successfully complete a PTD program may qualify for a range of case outcomes, including the declination of charges, dismissal or reduction of charges, or a more favorable recommendation at sentencing.

Navigating serious crimes like these can be the toughest thing you have ever done. Don’t do it alone. Contact our team today for more information about how we can protect your rights.

The Department of Justice in the Northern District of Georgia Federal Court will add a New Pretrial Diversion Court

Conaway & Strickler, P.C. — Mon, 09 May 2022 15:20:03 GMT

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, and will be run by folks from each of these agencies who will be known as the ATL Court Team. Please note: The ATL Court is in addition to, and not a replacement of, the Northern District of Georgia’s existing Pretrial Diversion Program.

“THE ATL COURT MISSION: Our mission is to provide the opportunity to avoid some of the consequences of aberrant criminal conduct to certain individuals charged with non-violent crimes in the Northern District of Georgia who would most greatly benefit from intense supervision, education, or treatment.”

HOW ATL COURT WORKS

Procedurally, a request to apply must be granted by the ATL Court Team before a full application can even be submitted. Then, like other criminal cases pending in the federal criminal courts, a guilty plea will be entered by a formal plea agreement. In this agreement, participants will agree to do certain “chores” such as counseling, educational courses, completion of GED, etc. The “chores” are individualized for each defendant entering in to the program, but most will require counseling at the minimum. Once these “chores” are completed, the participants will receive what was delineated in the formal plea agreement: a sentence on the original charge with NO prison time, a reduction of their charge to a misdemeanor, or a complete dismissal of the case. Again, the resolution and specific chores are individualized for each participant depended on circumstances.

ATL Court is meant for the less serious of charges, and those without prior serious criminal convictions. It can only be implemented for people who were formally charged in 2022 or later. Therefore, not everyone will be eligible for the program.

Conaway & Strickler, PC is very knowledgable on how to navigate this new program. Please contact us to find out more information and see if we can help you.

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

Conaway & Strickler, P.C. — Thu, 28 Apr 2022 14:37:35 GMT

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 conspiracy, securities fraud and wire fraud offenses as part of schemes allegedly designed to “unlawfully manipulate” the price of publicly traded securities.

The 59-page indictment, filed in federal court in Manhattan, alleges the men and others at Archegos sometimes timed their trades to drum up the interest of other investors, while borrowing money to make bigger and bigger bets. The Department of Justice states, “Hwang and his co-conspirators invested in stocks mostly through special contracts with banks and brokers called “swaps.” As alleged, these swaps allowed Hwang to cause massive buying of certain stocks, including at carefully selected days and times, to artificially pump up stock prices. Hwang, Halligan, and their co-conspirators lied to banks and used a series of manipulative trading techniques to keep those prices high and prevent them from falling. The lies fed the inflation, and the inflation led to more lies. The scale of this alleged fraud was stunning. In one year, Hwang turned a $1.5 billion portfolio and fraudulently pumped it up into a $35 billion portfolio.” The effective size of the firm’s stock positions swelled to $160 billion — rivaling some of the biggest hedge funds in the world. The case marks the biggest financial-crime charges to come out of the Southern District of New York under the leadership of Mr. Damian Williams, who was sworn in October 10, 2021.

The SEC has also filed a civil complaint stating that Mr. Becker, the former chief risk officer at Archegos, and Mr. Tomita, the firm’s former top trader, had led discussions with the banks about the firm’s trading positions but that Mr. Hwang and Mr. Halligan had directed and set the tone for those discussions. For more background on this case, please click here.

What are the current DOJ priorities?

Conaway & Strickler, P.C. — Fri, 01 Apr 2022 15:03:29 GMT

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 it’s the most urgent probe in history.

With all of this going on, the US Attorney’s office increased its prosecutions of individuals of white collar crimes in the year 2021. White collar charges like fraud, theft, corruption, bribery, environmental crime, tax fraud, health care fraud, procurement fraud, money laundering, PPP loan fraud, etc will continue to get more attention from the Department of Justice.

What does this mean? It means that investigations of any sort need to be taken seriously and that you should contact a lawyer immediately if any wrongdoing is alleged.

Conaway & Strickler, PC has a long history of handling fraud cases of all varieties and is well equipped at fighting the DOJ in their overzealous prosecutions. Please feel free to contact us so that we can help you avoid future headaches.

Q&A Grand Jury subpoenas

Conaway & Strickler, P.C. — Thu, 16 Dec 2021 19:49:45 GMT

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 courtroom, with no judge, no accused, no press, and no lawyer but the prosecutor present. This means your lawyer will NOT be present in the closed court room. The grand jurors decide whether or not to indict a person or persons by listening to witnesses and evaluating evidence obtained by grand jury subpoenas. At least 12 grand jurors must find that there is sufficient probable cause in order to return a True Bill, which when signed by the prosecutor becomes the indictment: the formal criminal charge that the government must prove beyond a reasonable doubt at trial. If the grand jury does not find sufficient probable cause, which almost never occurs, then it returns a No Bill. What is a Grand Jury Subpoena? A grand jury subpoena indicates that a grand jury has been impanelled and a criminal investigation is underway. A grand jury subpoena indicates that the federal government/law enforcement believe that you have evidence or could provide testimony that would help them in their criminal investigation. Why did I receive a Grand Jury Subpoena? There are generally three reasons a person may receive a grand jury subpoena. It is the Department of Justice’s policy to advise a grand jury witness of his or her rights if such witness is a “target” or “subject” of a grand jury investigation. A “target” is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a possible defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer’s or employee’s conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target. A “subject” of an investigation is a person whose conduct is within the scope of the grand jury’s investigation. Finally, a “witness” means that the person is not under investigation but has personal knowledge of facts relevant to the grand jury investigation. When a district court insists that the notice of rights not be appended to a grand jury subpoena, the advice of rights may be set forth in a separate letter and mailed to or handed to the witness when the subpoena is served. Advice of Rights

The grand jury is conducting an investigation of possible violations of Federal criminal laws involving: e.g., conducting an illegal gambling business in violation of 18 U.S.C. § 1955
You may refuse to answer any question if a truthful answer to the question would tend to incriminate you.
Anything that you do say may be used against you by the grand jury or in a subsequent legal proceeding.
If you have retained counsel, the grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with counsel if you so desire.

What Type of Subpoena Have I Received? There are two types of subpoenas: (1) a subpoena duces tecum which commands the person to produce certain documents (2) a subpoena ad testificandum which commands a person to appear before the grand jury on a particular date to testify. A subpoena duces tecum may seek all non-privileged documents and physical evidence including documents or information which another party may have already produced, or information which may readily be available other than from the subpoenaed party. Moreover, a subpoena duces tecum may require the production of original documents. This may be especially important; for example, where it is important to capture notations, erasures, or colored markings on documents that may not show up on copies. A subpoena duces tecum may also be served on anyone at any place in the United States provided that service is proper. Subpoenas may also be served on persons in foreign jurisdictions as long as the government follows certain procedures. During actual Grand Jury testimony, what can my lawyer do? During the proceeding your attorney may be present, but not in the grand jury room since grand jury proceedings are secret. The only persons permitted in the grand jury room are the Assistant United States Attorney, the grand jurors, the witness, and a court reporter. During the proceeding, a grand jury witness may ask to be excused to confer with an attorney before answering each question. While this process is disruptive and a bit awkward, it is absolutely critical to have an attorney present during any grand jury proceeding. Again, your lawyer can’t be with you in the grand jury room, but we can be right outside the room and you have the right to consult with us after each and every question. In fact, you can spend as much time as you need conferring with us, as long as you are not attempting to disrupt the grand jury process. You can also leave the grand jury room in order to brief your attorney about the questions being asked and your responses. In most federal jurisdictions you can also take notes of any questions asked during the grand jury session. These can later be shared with your attorney. NOTE: If a truthful answer to a grand jury question would incriminate you, you can invoke the 5th Amendment right to not incriminate yourself and refuse to answer. Please click here for a good description of grand jury subpoenas. Conaway & Strickler, PC can help you through this process and take the anxiety away from you and your attempt to understand this very complicated process. Call us now at 404-816-5000. Click here for additional blogs.

Covid-19 Fraud Enforcement Task Force established

Conaway & Strickler, P.C. — Wed, 26 May 2021 17:02:25 GMT

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 Loans) fraud
Unemployment fraud – weekly federal unemployment benefits worth $600 a week. The Justice Department has charged more than 140 people so far for fraud related to the program.
Identity Fraud – used stolen identities to try to file for benefits illegally
Purchase and resale of Personal Protective Equipment (PPE) to hospitals and retailers at a significant profit

“The Department of Justice will use every available federal tool—including criminal, civil, and administrative actions—to combat and prevent COVID-19 related fraud. We look forward to working with our federal government colleagues to bring to justice those who seek to profit unlawfully from the pandemic,” wrote Attorney General Garland in a memo announcing the Task Force.

Conaway & Strickler, PC has handled each type of case delineated above. It is crucial to reach out to us early on in one of these type of investigations. With a task force created, the DOJ and related ent

Can you prevent corporate crime from destroying your reputation?

Conaway & Strickler, P.C. — Fri, 30 Aug 2019 22:50:18 GMT

Your involvement in a corporate crime at your workplace in Georgia can lead to several consequences including the loss of your job, loss of integrity and a significant blow to your reputation. Often, regardless of the misbehavior, you were caught committing, chances are there are at least a few people who have lost their trust in you completely. Recovering their trust and showing that you are not the same person is going to take considerable time and commitment.

Unfortunately, your reputation infiltrates many components of your life, especially important ones where family, friends, potential coworkers and other professionals are tasked with making a decision about whether or not you can be trusted to perform a certain way. Rebuilding the way people think of you is critical to your being able to grow and maintain relationships. According to Entrepreneur, you have the potential to prevent your involvement in crime from destroying your reputation entirely, but only if you begin making amends right away. One thing you should begin doing is setting realistic goals of how you will overcome your mistakes and fix the way people see you.

Depending on the crime you were involved in, you may be required to pay legal consequences including fines or jail time. Being timely and responsible in the way you pay your dues is critical to your ability to begin recovering from your mistakes right away. The more willing you are to take responsibility for what you have done and refrain from placing blame on anyone else, you can show that you are serious about making a change.

The information in this article is intended for educational purposes only and should not be taken as legal advice.

Identity theft types and prevention

Conaway & Strickler, P.C. — Tue, 06 Aug 2019 21:31:36 GMT

There are many ways that Georgia residents can fall victim to identity theft. When this happens, it can be costly, both financially and timewise. It can take a while to restore credit scores and reputation with financial institutions. It is important that everyone understands how identity theft can occur so individuals can take steps to prevent it from happening.

According to USA.gov, the most typical types of identity theft are medical ID, tax ID and social ID theft. With medical, someone uses another person’s health insurance or Medicare number to get medical care. Thieves steal social security numbers for multiple reasons, but a common one is to file tax returns in a false manner. In social identity theft, thieves use someone else’s name and pictures to set up fake social media accounts.

The two most vulnerable age groups to ID theft are seniors and children. There are numerous ways someone can prevent being a victim of identity theft. These include:

Pick up mail every day and put a hold on it when out of town
Protect social security numbers by keeping in a secure place and only giving the number to someone when absolutely necessary
Shred mail and other forms that contain personal data
Be smart, such as using a firewall and avoiding public Wi-Fi, when using the internet
Create hard-to-figure-out passwords and change regularly
Review credit reports for inconsistencies once a year

The Federal Trade Commission recommends also contacting credit reporting agencies to freeze credit files for no charge. This restricts others from accessing the credit report for reasons such as opening a new account. There are also active duty alerts for deployed service members.

Will you be required to pay restitution for your crime?

Conaway & Strickler, P.C. — Sat, 29 Jun 2019 16:38:30 GMT

If you have been convicted of committing a crime in Georgia, you could be facing a significant array of consequences depending on the seriousness of your offense and the consequences that resulted from it. Once you have been formally charged in the legal system, you may also face the requirement to pay restitution to anyone who was affected by your misdeeds.

Restitution is most commonly awarded in monetary form, but you could also be required to pay back compensation for damages in other ways too. The restitution you give back is often used in helping any victims recover from the trauma they may have endured because of your behavior. Restitution is not always required but can be requested from victims even after your formal sentencing. Failure to pay restitution that has been required by the courts could leave you in danger of facing even more legal consequences.

According to the United States Department of Justice, how much restitution you may be required to pay is determined after the courts evaluate the impact that the crime you committed has had on any victims in the case. In a majority of cases, legal fees are not part of what you will be required to pay in terms of restitution. This means you will most likely not be financially responsible for any attorney’s fees or legal fees the victims had to pay in regards to your case. If the process for determining an amount for restitution is too complicated, the court may dismiss the possibility of repayment altogether.

The information in this article is intended for educational purposes only and should not be taken as legal advice.

Common forms of white collar crimes

Conaway & Strickler, P.C. — Tue, 25 Jun 2019 21:44:14 GMT

White collar crime in Georgia is fairly common, and it typically refers to a committed crime that has a financial gain. While there are numerous scams and types of fraud that constitute white collar crimes, there are some common types and all of them have associated penalties.

According to the FBI, financial reasons are what motivates the people who commit these crimes. The reasons include making money, obtaining property and avoiding financial loss to gain an advantage either personally or for a business. One of the most common types of this nature is corporate fraud. This activity not only affects investors but it also can cause irreputable harm to the United States economy.

The main areas of corporate fraud investigation include:

Insider trading such as self-dealing and kickbacks
Financial information falsification such as fraudulent trades
Fraud related to mutual hedge funds like late trading and net value assets falsification

Other types that the FBI has a large focus on are securities and commodities fraud and money laundering. Examples of these include healthcare fraud, narcotics trafficking, international public corruption, Ponzi schemes, pyramid schemes, broker embezzlement, promissory note fraud and market manipulation.

According to King University, these nonviolent commercial crimes can cost the country around $300 billion dollars every year. They also can cause financial ruin for individuals and families who lose their entire life savings. As a result, the consequences for a white collar crime conviction can be severe, depending on the specific case. Penalties may include imprisonment, house arrest, fines, restitution and forfeitures.

Variations on a traditional Ponzi scheme

Conaway & Strickler, P.C. — Fri, 05 Apr 2019 16:31:50 GMT

Whenever news breaks of a developing Ponzi scheme, it becomes a topic of conversation in many Georgia households. Some people may be under the misunderstanding that this illegal activity is limited to situations where money is invested for unnaturally high returns. However, potential investors should be aware that Ponzi schemes are a type of fraudulent activity that can take on many different forms.

According to Forbes, the U.S. Securities & Exchange Commission has been cracking down on a certain kind of Ponzi schemes that are promising safe gains. If the purported investment is offering “safe and secure” returns, people may not realize that this might be a scheme designed to bilk them of money. And as a result, they might not be as conscientious with their pre-investment research.

Other times, Ponzi schemes take on unusual types of “investments.” The New York Times reported that one recent Ponzi scheme even tried to capitalize on the high demand for tickets to the successful Broadway musical “Hamilton.” Two men raised $81 million from 125 investors after these investors believed that their capital was being used to buy large blocks of tickets to the show which would then be resold at a large profit. Because the type of investment was not a financial product, but rather theater tickets, it may not have raised red flags to those who thought it sounded like a good way to make money.

Investors must be careful to realize that if something sounds too good to be true, it often is. This is especially true when a large return on an investment is expected to happen quickly.

Allegations of accounting embezzlement

Conaway & Strickler, P.C. — Sat, 09 Mar 2019 15:41:20 GMT

White collar crimes take on many different forms, and in this blog, we will look into accounting embezzlement and some of the consequences that people may face when they find themselves accused of this offense. Aside from the legal penalties associated with embezzlement, there are many other hardships which someone may experience if they are accused of this offense. For example, they may face serious consequences in their career, whether they lose a job they have counted on for many years or are unable to land a new position years down the road. These are just some of the challenges that people charged with embezzlement may face and handling these allegations properly is vital.

As an accountant, accusations of embezzlement can be very serious. In some instances, these cases result from misunderstandings, while others may be framed and falsely accused of embezzlement or certain details may be exaggerated. Regardless of the unique details of your case, it is imperative to handle the situation cautiously and realize how much your life could be impacted by the charges. Not only could you face career problems, but your reputation may be shattered. For example, others in the community may look down on you and it might be difficult for you to find work in an entirely different field as well.

When it comes to embezzlement and other white collar crime cases, there may be unique details that can impact the outcome of the case. Handling embezzlement charges properly is absolutely essential and you may have numerous legal options.

Addressing allegations of bribery

Conaway & Strickler, P.C. — Fri, 18 Jan 2019 19:53:48 GMT

Business owners, executives and employees may have their lives completely upended when they are charged with a white collar offense. These charges take on many forms and in this blog post, we will look closer into bribery charges, which can be very serious. Not only can these charges result in time behind bars and massive financial penalties, but they can bring on an unbearable amount of stress and permanently destroy someone’s reputation. It is also important to point out that some of these cases are based on false allegations or include details that have been fabricated.

If you have been charged with bribery, you should take steps to protect your interests immediately. Even if you are confident that you will be able to secure a favorable outcome in the courtroom, these are serious charges that could shatter your career and, ultimately, your life. That said, some people feel overwhelmed when these charges surface and they feel like giving up or lose motivation to approach the case properly. This can be detrimental and with so much at stake, you cannot afford to sit on the sidelines.

Every bribery case is different, and some involve significant amounts of money and carry harsh penalties. You should go over the unique details of your case thoroughly and have a good understanding of any legal options that are open to you. If you browse over to our page on white collar defense, you can read more material that is related to bribery charges and similar legal topics.

Couple lives lavishly with money embezzled from woman’s employer

Conaway & Strickler, P.C. — Fri, 14 Dec 2018 22:59:34 GMT

When people are entrusted with managing their employer’s cash flow in Georgia, they are often given access to financial accounts where they are trusted to monitor incoming and outgoing expenses. Many companies go to great lengths to verify that the people they hire that have access to sensitive information, are trustworthy and have integrity. However, there are undoubtedly times when people misuse their position to get financial gain.

An example of this is found in a recent story out of Jacksonville, Florida where a couple is accused of embezzling a jaw-dropping $4 million from the woman’s employer, Swisher International. The well-known cigar company had hired the woman to manage taxes when she allegedly began stealing money. Investigations revealed that the couple was living a lavish lifestyle supported by lucrative sums of money they embezzled from Swisher by creating false invoices to another company where her employer did not have any interactions. The theft took place over nearly a year and was verified using bank records that tracked the stolen money to the couple’s joint bank account. Purchases including expensive vehicles and a beachfront property were among the things the couple spent the money on.

If people have been convicted of embezzling money, they may want to hire an attorney to help them. With an experienced legal professional, people may have a better chance at being able to reduce their punishment for the crimes they have been accused of committing.

Source: jacksonville.com, “$4 million Swisher embezzlement scheme widens to tax manager’s husband,” Dan Scanlan, Dec. 14, 2018

The stigma of white collar offenses

Conaway & Strickler, P.C. — Fri, 23 Nov 2018 15:44:15 GMT

When someone is charged with white collar offenses, they may have concerns about how these allegations will affect them financially, whether they have to pay stiff fines or end up losing their job as a result of the case. Or, they may worry about spending time behind bars. While these are serious problems for many people who are charged with a white collar offense, there are many other ways in which someone’s life can be upended when they are charged with a white collar crime. For example, the stigma surrounding these charges could unravel their life in various ways.

People who are accused of white collar offenses may sustain serious damage with respect to their reputation. Other people in the workplace may see them differently, even if they are able to secure a new position after the case has been handled. Moreover, their friends, family members and others in the community may also look at them differently. Even if the accusations are false, someone who is suspected of committing a white collar offense may struggle with overcoming the harsh stigma associated with these charges. For more blog entries, click here.

Sometimes, people are unable to find work due to previous white collar crime charges and these cases can unravel a person’s life in countless ways. If you have been charged with any type of white collar offense, it is pivotal for you to make sure that your case is handled properly. Our white collar crime defense section covers more related to legal considerations concerning these matters.