Articles Tagged with federal criminal investigation

When you’re approached or arrested by law enforcement, it’s natural to feel scared, overwhelmed, or tempted to explain your side. But one of the most powerful tools you have is silence. Under the 5th Amendment of the U.S. Constitution, you have the right to remain silent and avoid self-incrimination. This right is reinforced by your Miranda Rights, which police are required to read to you during a custodial interrogation. If you’ve heard the phrase, “You have the right to remain silent. Anything you say can and will be used against you in a court of law,” that’s your cue to stop talking and protect yourself.

Many people unknowingly waive their rights by speaking too soon or too freely. Even innocent statements can be twisted or taken out of context. That’s why one of the smartest things you can do is to invoke your right to remain silent and request legal counsel. Simply say, “I am invoking my right to remain silent. I would like to speak to an attorney.” Then stay quiet. You are not being difficult—you are being smart.

At Conaway & Strickler, we understand that early legal representation is crucial. Our experienced defense attorneys are here to protect your rights, guide you through the legal process, and fight for the best outcome possible. If you or a loved one is facing an investigation or has been arrested, don’t speak to the police first—speak to us. Contact Conaway & Strickler today for a free confidential consultation.

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.

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

Cryptocurrency fraud has become increasingly prevalent in recent years. The lack of a centralized authority governing crypto along with the relative anonymity of transactions has contributed to this rise in digital financial crime. Specifically, cryptocurrency money laundering has grown significantly in recent years with billions of dollars stolen through hacks, Ponzi schemes, mixers. A recent report from Chainalysis estimates illicit cryptocurrency addresses received more than 50 billion dollars in 2024. 

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

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

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).

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.

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.

As we explained in our prior post about federal child pornography laws, the consequences of a child pornography or CSAM (“Child Sexual Abuse Material”) conviction are severe and life-altering. And the collateral consequence of being on the sex offender registry can be devastating.

Early on, Conaway & Strickler defended cases that stemmed from activity on classic peer-to-peer applications like Limewire.  These type of networks were simply software applications that provided a central hub for various computers to connect.  Napster, for example, was a peer-to-peer (P2P) file-sharing service that allowed users to share and download music files from other users’ computers.  These types of programs were utilized to distribute music, movies and child pornography.  Law enforcement was able to track those cases more easily.

Today, however, the government has also become well versed in programs like BitTorrent, Limewire and e-Donkey, among others.  When a hard drive or device is analyzed by the government, they now will produce a report detailing their forensic examination.  They will detail all of the evidence found on the device showing evidence of P2P Networking, search history, bookmarks  and they even cite images or image fragments found in cache locations.  Here is a recent example of a federal criminal prosecution of someone who downloaded images from the BitTorrent Network.

In recent years, unruly behavior on flights has become a growing concern, prompting the Federal Aviation Administration (FAA) to escalate its enforcement efforts. Since 2021, the FAA has referred over 310 cases of severe incidents to the FBI for criminal prosecution. These cases involve dangerous acts like physical assaults, attempts to breach the cockpit, and sexual misconduct, all of which have serious legal consequences.

The FAA’s zero-tolerance policy, implemented in 2021, marked a shift from warnings to immediate enforcement. With incidents like physical assaults on passengers and crew members, the FAA has consistently referred the most egregious cases to the FBI. The FAA can impose civil penalties up to $37,000 per violation, but when these cases are referred for criminal prosecution, offenders face much harsher outcomes.

In 2023, over 1,240 incidents of unruly passenger behavior were reported. Of those, 43 cases were referred to the FBI for criminal prosecution due to their severity. These cases often involve physical altercations or inappropriate behavior that pose a threat to the safety of everyone on board. The FAA’s clear stance on holding individuals accountable shows that passengers who engage in such behavior will face serious repercussions.You can read more about the FAA’s referral process and efforts in their official statement and in further detail from FAA’s unruly passenger policy page.

In the world of banking and finance, the term “Suspicious Activity Report” (SAR) may sound intimidating—especially if you’ve been notified that a bank has filed one concerning your transactions. For individuals and businesses alike, it’s essential to understand what a SAR is, what activities can trigger these reports, and the potential legal consequences that may follow.

What is a Suspicious Activity Report (SAR)?

A Suspicious Activity Report (SAR) is a document that financial institutions are legally required to file with the Financial Crimes Enforcement Network (FinCEN) when they detect potentially suspicious behavior involving financial transactions. Once filed, these reports are sent to FinCEN, a division of the U.S. Department of the Treasury, which shares the information with law enforcement agencies for further investigation if necessary.

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