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:
Just as in every state, people in Georgia utilize the USPS on a daily basis. While it is generally a very ordinary activity, sometimes the mail is used as a venue to facilitate a crime. Charges for mail fraud are very serious and a conviction can come with stiff financial penalties and prison time. But why might just a small aspect of crime be considered so seriously?
According to the United States Postal Service, mail fraud is any kind of fraud that uses the mail. It does not matter whether it begins on the telephone, online or through the mail. Once any part of the commission of a crime goes through the mail system it is considered a federal offense known as mail fraud. The most common categories of mail fraud are financial, employment, telemarketing, sweepstakes, telemarketing and fraud against veterans or the elderly.
In fact, The New York Times reported that mail fraud charges were included in a list of criminal charges in the recent college bribery admissions scandal involving actresses Lori Loughlin and Felicity Huffman. Fifty people were charged with various crimes in this complicated criminality. In addition to the television stars, others implicated were college consultants, parents and college athletic coaches. Although the sheer sum of money made bribery appear to be the most important aspect of the scandal, the list of criminal charges included conspiracy to commit mail fraud and honest services mail fraud.
Issues of fraud most often arise from business transactions in Atlanta. Thus, if and when you find yourself in the position of acting as a broker or agent of another in such a transaction, you should be aware that your actions will be highly scrutinized by those who entrusted you with assets. Any losses (accompanied by your profits) may immediately be met with skepticism and accusations. Defending yourself from allegations of fraud requires that you understand how Georgia defines this offense.
Section 16-8-3 of Georgia’s Code of Crimes and Offenses states that obtaining property by deceitful means or artful practice with the intention of depriving another of that property constitutes fraud. Notice the inclusion of the words “with the intention of.” Per the law, you cannot accidently commit fraud. Rather, you must have intended to secure a business partner’s property through your actions.
Proving intent might seem difficult given that it is seemingly so subjective. Fortunately, the state has provided a well-defined explanation of what it views as intent. It includes:
In any fraud case in Atlanta, the central issue may be the establishment of intent. Proving that one committed fraud may require establishing that they engaged in their actions knowing full well of that what they were doing was unlawful and likely to cause harm. Thus, those who perform any sort of financial service may want to maintain meticulous records as the review of such documents may go a long way in establishing that they might have been operating in good faith all along. Conversely, poor record keeping may be seen by some as evidence that one was wanting to conceal their actions from others.
It was question about potentially falsified records that led authorities to investigate a Louisiana man who was recently arrested and accused of Medicaid fraud. Among the many businesses linked to the man was a transportation company targeted exclusively at Medicaid patients. Authorities say that the driving logs for this company were purposefully doctored and included forged signatures, which prompted the fraud charges being filed against the man and one of his employees. The man is also accused of falsifying his financial records so that he himself could qualify for Medicaid, even though him being a Medicaid service provider disqualified him from coverage.
In some cases, evidence supporting the falsification of records may be clear. In others, there may be doubt. In such cases, being able to produce legitimate records proving one’s innocent intentions may be the key to escaping from having to face criminal charges. Having an experienced attorney on one’s side may also prove to be a benefit worth having during such a time.
There are aspects of paying taxes that may reveal illegal activities, and if your tax return prompts questions, you could find yourself the subject of an IRS investigation. According to the IRS, the federal agency conducts investigations, not only into possible tax fraud, but also when there is a suspicion of money laundering and other fraudulent activities.
Your tax returns may not be the trigger of an investigation. The IRS also investigates based on information provided by the public, by law enforcement agencies and by U.S. Attorneys offices all over the country.
Before an official federal criminal investigation is launched, the agency requires certain steps to be taken. A special agent analyzes relevant information during a primary investigation. Next, the special agent’s supervisor evaluates the results of the preliminary investigation and approves or declines a further investigation. If approved, the information goes before the head of the office, who may then approve a criminal investigation.
If you are facing charges of mail fraud in Georgia, it is important you understand the seriousness of the crime. A conviction can result in harsh penalties such as fines and/or jail time, so it is imperative you get legal help right away. Because mail fraud is so broad, there may be some confusion, so it is good to take a look at what constitutes this type of fraud.
According to FindLaw, mail fraud occurs when someone uses the postal system to send or receive documents or other correspondence that relates to fraudulent activity such as selling counterfeit items or conning others out of money. This fraud becomes a federal offense when the mail crosses from one state to another, and certain circumstances may result in up to 30 years in prison and/or up to $1 million in fines.
The United States Postal Inspection Service gives numerous examples of mail fraud. They fall into general categories such as:
Accusations of fraud are often the result of people losing significant amounts of money, property or other forms of wealth in investments or transactions in Atlanta. Given the consequences such losses can bring, the anxiety felt by those that suffer them is understandable. Yet should it justify accusations of wrongdoing? Many come to us here at Conaway & Strickler, PC after having been accused of fraud surprised that their actions have been perceived in such a way. If you find yourself in a similar scenario, you will be pleased to know that the unfortunate outcome of a monetary investment alone does not constitute fraud.
Rather, intent to defraud must be established in order for you to face criminal charges. According to the U.S. Justice Department, it must be shown that you intended to cause financial harm or injury for you actions to qualify as fraud. No actual harm or injury need take place; the existence of intent is enough to warrant charges. Regardless of whether your actions produced financial losses for those accusing you of fraud or not, the burden of proof lies on prosecutors to prove your intent.
What are indicators of intent? In the absence of a negative financial impact, your modus operandi may be looked at as proof of your intentions. If your dealings with clients or business partners are not completely transparent, or if the actions of any third parties that help consummate your deals prove to be unlawful, then your intent might come into question. However, you producing sufficient evidence showing that were operating in good faith may be enough to counter an accusation of fraudulent intent.
Health care providers with private practices in Georgia may encounter many situations where failing to follow proper procedure when it comes to billing could land them in hot water. In fact, as Cornell Law School’s Legal Information Institute explains that certain actions could be health care fraud.
To prove fraud, a prosecutor would have to show that the provider intentionally deceived someone with a plan to cause damage. In the case of billing issues, the damage is typically financial. The someone could be a patient, but it could also be an insurance company or even the federal government that is defrauded, if the issue involves Medicare.
The National Health Care Anti-Fraud Association notes that one form of billing fraud involves charging for procedures that were not performed. This could be adding a procedure to an insurance claim that includes legitimate services. Or, it could be using patient information to create an entirely false insurance claim.
In the digital era, there are all sorts of financial opportunities, such as those involving cryptocurrency. Unfortunately, some people are not familiar with their responsibilities, such as the tax implications of investing in cryptocurrency. In fact, legal obligations related to these investments can be unclear because this form of currency is relatively new. However, people who fail to report profits after cashing out might find themselves in hot water. In Atlanta, and across all of Georgia, it is essential for you to understand your obligations if you are a cryptocurrency investor and carefully review the details of your case if you are facing charges.
Cryptocurrency investments can be highly volatile and generate a considerable amount of uncertainty. In the years to come, more and more people will likely find themselves facing charges because they did not report their cryptocurrency investments. On top of tax problems related to these investments, people may also find themselves in trouble if they receive payments via this method. For example, someone may have been compensated for providing a service via Bitcoin or another cryptocurrency, not realizing that they had to report these payments as income on their tax return.
For those who are facing legal problems involving the federal government, it is extremely important to go over various legal options and figure out the course of action that is most sensible. If you browse to our law firm’s page on tax fraud charges, you will have the opportunity to read more related to fraud allegations.
During any time of year, people are accused of internet-related offenses. However, with there are certain times when charges such as tax fraud arise far more often. Sometimes, people are falsely accused of tax fraud and the allegations catch them completely off-guard. In other instances, the details surrounding a person’s case may be exaggerated or certain elements may be made up. For people facing these charges, carefully going over each and every option is paramount since these accusations can have a significant impact on one’s life. In Atlanta, and all over the state of Georgia, many people feel stressed out and unsure about their case, but closely reviewing the situation may provide some peace of mind.
Tax fraud charges can lead to various repercussions that turn one’s future upside down. Aside from the financial penalties associated with this offense, some people may struggle with a damaged reputation. In some instances, this could have a negative impact on the business they run, while others may find themselves in a position where employers are not interested in hiring them because of their record. In fact, these charges can lead to embarrassment within one’s community and create friction between friends and family members.
Some people may feel hopeless when they are accused of this offense, but there may be different options for them to consider. Each case requires an individual approach and some may find an end result that is more favorable. Head to our law office’s fraud page to view more on tax fraud charges.
Georgia Criminal Defense Lawyers Blog