best federal criminal lawyer

Tax Evasion

Published on: June 6, 2025 | By Conaway & Strickler, P.C.

Tax evasion is a potential criminal charge. Tax avoidance is perfectly acceptable.

26 U.S.C. § 7201 defines what is tax evasion. It states in relevant part that any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

Federal prosecutors might also add additional charges beyond tax evasion. Those charges could include conspiracy charges, under 18 U.S.C. § 371, or tax fraud under 26 U.S.C. § 7206. The United States Sentencing Commission (USSC) recently released its Tax Fraud Report for fiscal year 2023. It states that off the 64,124 cases reported to the Commission in fiscal year 2023, 363 involved tax fraud (down 27% since FY 2019). It is unclear if this downward trend will continue.

Tax Crimes in Cryptocurrency

Published on: June 1, 2025 | By Conaway & Strickler, P.C.

Leona Helmsley, Jim Thorpe, Webster Hubbell, Alphonse Capone, and Peter Madoff are among many convicted of tax crimes such as tax evasion and tax fraud. The government generally targets groups like tax preparation firms and entities that are mainly cash based. But, the criminal division of the IRS has begun a more targeted approach to investigate and prosecute tax crimes in the cryptocurrency arena. Crypto investment schemes, for example, require investors to produce cash, but then convert the fraud proceeds to cryptocurrency to purposefully circumvent financial reporting requirements. These type of cases thus also involve potential money laundering, wire fraud and structuring charges,

The “newer” question on page 1 of the Tax Form 1040 now has a question that states, “At any time during the past year did you receive any financial interest in virtual currency?” In 2019, this question was only on Schedule 1. As of 2020, it is on page 1 of the Tax Form 1040. This is specifically targeted to combat cryptocurrency tax evasion.

Under 26 U.S.C § 7206(1), it is a criminal offense to file a tax return the filer knows is materially false. So, if you do not check that box on that first page, AND have substantial income in crypto, you might be targeted by the IRS. Remember cryptocurrencies are essentially similar to common stocks. This means a taxpayer must report their gains in cryptocurrencies on Form 8949. These gains are passed through to Schedule D on personal returns. The filer is responsible for paying capital gains tax on the net gain for the year. The government is long since versed in understanding the intricacies of the market like the role of hardware wallets, the use of DEXs, on-chain information, and how to track crypto movement across distributed ledgers. Please see here for a recent example of a case where non-payment of federal income tax on cryptocurrency earnings led to a conviction.

Department of Justice Fraud Prosecutions

Published on: May 28, 2025 | By Conaway & Strickler, P.C.

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

Deferred Prosecution Agreements in the Health Care Field

Published on: March 8, 2025 | By Conaway & Strickler, P.C.

The federal government may target organizations and businesses as well as individuals for violations of federal criminal statutes. For example, in the health care realm, cases can include office managers, practitioners from doctors, nurses to pharmacists to all other aspects of the medical industry. Recent federal investigations have targeted pill mills, medicaid fraud, and accepting kickbacks among others.

Experienced federal criminal defense attorneys like those at Conaway & Strickler, PC may suggest early on about the possibility of entering into a “deferred prosecution agreement” which is essentially a contract with the Department of Justice. DPAs are frequently used in cases involving corporate fraud, bribery, and antitrust violations. These pretrial agreements may involve an admission of wrongdoing, the payment of fines, and the implementation of compliance measures. Charges may be dropped if the defendant complies with the requirements of the agreement. Generally, the Assistant United States Attorney will file the criminal complaint and the DPA with the court, so it is of public record. This will be accompanied by a formal request to the court that any prosecution be delayed according to the terms of the DPA, allowing the defendant to fulfill its agreed-upon actions. This is very similar to conditional discharge / pre trial diversion agreements found at the state level.

An example of a DPA would be one that was entered in to by the DOJ and Teva Pharmaceuticals USA, Inc in August 2023 in response to the company’s involvement in a price fixing conspiracy involving several pharmaceuticals. As seen in this example, terms can include paying a fine, waiving certain rights, agreeing to a factual basis for the charges, and an agreement to cooperate and compliance monitoring and of course, agreeing to what will happen if there is a breach of the agreement.

Anatomy of an Options Trading Scheme case in Federal Court in Atlanta

Published on: January 26, 2025 | By Conaway & Strickler, P.C.

Milan Patel and four other defendants were charged both by the SEC and the Department of Justice for their role in an options trading scheme in the Northern District of Georgia. Another defendant, Bart Ross was sentenced a few years ago for the same scheme. In total, In total, the defendants executed more than 500 trades and made $2,651,320 in profits as a result of their fraudulent scheme. And just last week, Mr. Patel was sentenced.

According to the NDGA DOJ news release:

According to Acting U.S. Attorney Moultrie, the charges and other information presented in court: Between approximately October 2017 and January 2020, Milan Patel, Bart Ross, Mark Melnick, Anthony Salandra, and Charles Parrino conspired to trade securities—primarily short-term call options—in large, publicly traded companies based on materially false rumors about those companies that they generated and disseminated. These materially false rumors were intended to increase the price of the securities (both the underlying stock and options).

What to Expect in a Federal Criminal Trial

Published on: January 12, 2025 | By Conaway & Strickler, P.C.

A federal criminal trial consists of several different stages. The below will analyze a ONE defendant trial. But, more often than not, trials can consist of multiple defendants at trial. This just augments the time needed for each stage.

Jury Selection also known as Voir Dire

Jury selection is one of the most important parts of a federal criminal trial. It will start with about 40 potential jurors brought in. Usually we move our chairs to the other side of the table to face them. We ask general questions, then individual questions. Then, we deliberate on who to choose. Then, the court asks us to do our strikes, and then a jury is empaneled.

Recent Computer Hacking Cases in the News

Published on: November 24, 2024 | By Conaway & Strickler, P.C.

Recently, Robert Purbeck of Idaho, also known as “Lifelock,” and “Studmaster,” was sentenced to ten years after pleading guilty to federal charges of computer fraud and abuse. He hacked into the computer servers of the City of Newnan, Georgia and a Griffin, Georgia medical clinic, and then targeted at least 17 other victims across the United States – in the process stealing personal information of more than 132,000 individuals. He also attempted to extort a Florida orthodontist for payment in Bitcoin, threatening to disclose stolen patient records and other personal information.

“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.

Paycheck Protection Program Enforcement Continues

Published on: October 25, 2024 | By Conaway & Strickler, P.C.

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.

When Can Law Enforcement Search my Cell Phone?

Published on: September 14, 2024 | By Conaway & Strickler, P.C.

Cell phones are everywhere today and thus play a significant role in criminal investigations.

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.

Georgia RICO Defined

Published on: September 1, 2023 | By Conaway & Strickler, P.C.

Trump has been indicted in Fulton County Superior Court.

So, what is RICO and why is it important in this case?

The Racketeer Influenced and Corrupt Organizations Act, or RICO, was original designed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon. And, within a few years, Georgia enacted their own version, and of course, as years went by, both state and federal prosecutors saw opportunities to expand the use to other types of cases.