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.

Vehicular homicide charges can be brought against someone when a death results from an auto accident. The State of Georgia has two types of vehicular homicide charges: first degree (felony) and second degree (misdemeanor).  

FELONY VEHICULAR HOMICIDE

First-degree vehicular homicide is a felony.  O.C.G.A. § 40-6-393(a) and (b) states that a person commits homicide by vehicle in the first degree when:

Without malice aforethought, a person causes the death of another by

• Overtaking and passing a school bus (O.C.G.A. § 40-6-163);
• Reckless driving (O.C.G.A. § 40-6-390);
• Driving under the influence of alcohol or drugs (O.C.G.A. § 40-6-391); 
• Fleeing or attempting to elude a police officer (O.C.G.A. § 40-6-395);
• Hit and run. (O.C.G.A. § 40-6-270); or 
• Leaving the scene of the accident (O.C.G.A. § 40-6-270 

For all of the above situations, the penalty is three to fifteen years.  The criminal defense attorneys at Conaway & Strickler, PC, have been able to get those 3 years probated for several of our clients.  It is very important to retain a lawyer very early on after the accident so that all of your rights are protected and you get the best legal defense possible.  

Recently, an 18 year old was charged with felony first degree vehicular homicide in the death of beloved teacher Jason Hughes in Hall County, Georgia.  Meg Strickler recently discussed this case on the Law & Crime network. 

MISDEMEANOR VEHICULAR HOMICIDE 

Other than the driving offenses delineated above for felony vehicular homicide, all other simple misdemeanor traffic offenses will result in misdemeanor vehicular homicide.   Simple traffic charges can include failure to maintain lane, distracted driving, running a red light, etc.  

If you are a facing vehicular homicide case, contact us for more information and to retain a criminal defense attorney in Georgia who will represent your best interests.  

STEPS IN THE FEDERAL CRIMINAL PROCESS (Note: this blog will discuss the procedure for a plea. For more information on what to expect at federal criminal trial, read more here.)

Initial Appearance

Generally, after an investigation, charges are brought via a federal criminal indictment. Hiring a federal criminal defense attorney as soon as possible results in a better resolution.

Once an indictment is filed, and you are arrested and processed, you are brought before a magistrate judge for an initial hearing on the case. At that time, you learn more about your rights and the charges against you, and the judge decides whether to grant you pretrial release or order you be detained.

Arraignment

This hearing can occur at the same time as the initial appearance. You are asked if you have read and understood the charges against you and you formally enter a plea of “Not Guilty”.

Discovery

Federal criminal discovery is governed by three sources of law: Rule 16 of the Federal Rules of Criminal Procedure, the Supreme Court cases of Brady and Giglio, and the Jencks Act.

Plea Negotiations

The plea bargain itself, called a “Rule 11” plea in the Federal Criminal Justice system, generally is memorialized in a 15-20 page document called the “plea agreement“.

Change of Plea Hearing

A change of plea hearing in federal court is scheduled when a defendant decides to plead guilty to a federal offense. During the hearing, the judge will ask questions to ensure that the plea is entered freely and voluntarily.

Preparation of Pre-Sentence Report

After you enter a plea of guilty to a federal offense or is convicted by trial, you will meet with a probation officer. The probation officer will conduct an interview you to get more information about the entire case and then submits a report for the judge to determine the proper sentence. The following information is gathered during this interview and pre sentence investigation: family history, community ties, education background, employment history, military history, physical health, mental and emotional health, history of substance abuse, financial condition, and willingness to accept responsibility for the offense. Learn more about the pre-sentence report and the pre-sentence report interview.

United States Sentencing Guidelines

The United States Federal Sentencing Guidelines are what the judge uses to decide an appropriate sentence for each case.

Sentencing Hearing

A federal sentencing hearing is when final arguments are presented and a judge hands down the sentence.

Under O.C.G.A. § 16-8-2, Georgia law defines theft as unlawfully taking or appropriating another person’s property with the intent to deprive the owner of it. “Deprive” means permanently withholding the property or keeping it long enough to cause the owner to lose significant value or use. Common types of theft charges our firm defends include:

• Theft by Taking: Physically taking property without consent.
• Theft by Deception: Using lies or false promises to obtain property.
• Theft by Conversion: Lawfully obtaining property (such as through a rental or loan) but later keeping it for personal use.
• Theft by Receiving: Knowingly receiving, disposing of, or retaining property that was stolen by another person.
• Shoplifting: Concealing, altering price tags, or leaving a store without paying for merchandise.
• Theft of Services: Receiving services (like utilities, labor, or accommodations) without payment or authorization.
• Retail Property Fencing: Organizing, financing, or reselling stolen retail goods—often linked to shoplifting rings or online resale schemes.
• Porch Piracy: Stealing delivered packages or mail from a person’s doorstep, mailbox, or private property. Georgia has recently increased penalties for this offense, treating it as a serious form of theft.

The value of the stolen property often determines whether a theft charge is a misdemeanor or felony. Misdemeanor theft involves property valued at $1,500 or less, and is punishable by up to 12 months in jail and fines up to $1,000. Felony theft involves property valued over $1,500, or theft of certain items like firearms, motor vehicles, or government property. Felony theft can carry one to ten years in prison. These penalties can become even more significant if an individual is charged with multiple counts of theft. Repeat offenders and thefts targeting elderly or disabled victims can also face enhanced penalties.

Theft convictions can carry more than just fines or jail time—they can affect employment, housing, and reputation. An experienced Georgia criminal defense attorney can help review the facts, negotiate with prosecutors, and build a strong defense strategy to protect your rights and future.

Whether you’re facing a shoplifting charge or a white-collar investigation, working with a skilled criminal defense lawyer in Georgia can make all the difference. Contact us to schedule a consultation.

DME Fraud

Durable Medical Equipment (DME) fraud remains a cornerstone of federal enforcement as seen in the recent takedown. An indictment in the Western District of New York charges a medical doctor with billing roughly $29.6 million for fictious DME and $5.6 million for audio-only telehealth visits, which were brief or never occurred. That doctor produced and maintained false and fictitious medical records and fraudulently certified orders for braces without regard to medical necessity. The doctor now faces federal criminal charges of conspiracy to commit health care fraud, health care fraud, and false statements relating to health care matters.

In “Operation Gold Rush,” prosecutors in the Eastern District of New York indicted 11 defendants, including two pharmacists, members of a transnational criminal organization based in Russia and Eastern Europe. These individuals allegedly orchestrated a massive Medicare fraud and money-laundering scheme that billed over $10.6 billion to federal health programs—making it the largest case by loss amount ever charged by the DOJ. The group used foreign straw owners to acquire dozens of U.S.-based DME suppliers, then submitted fraudulent claims for equipment such as urinary catheters and glucose monitors that never delivered, exploiting stolen identities and confidential patient data. To date, 19 defendants have been charged in the case, including multiple arrests abroad (Estonia) and at U.S. entry points.

COVID-19 Testing Kickbacks

COVID-19 testing kickback schemes typically involve health care providers or marketers billing Medicare for over-the-counter or lab-based COVID-19 tests that were unnecessary, never provided, or obtained through illicit referrals. These cases often rely on the same core tactics as DME fraud: using stolen or misused patient information, paying illegal kickbacks for referrals, and submitting inflated or false claims to federal programs. In both types of fraud, the perpetrators exploit gaps in oversight during high-demand periods—such as the pandemic or public health emergencies—to rapidly bill large amounts to Medicare, often with little or no patient interaction or verification.

These 2025 takedown includes criminal indictments and civil settlement agreements targeting this type of COVID-19 fraud. An indictment out of Illinois charged multiple individuals, including a physician, for their roles in a kickback scheme. According to the indictment, the defendants caused laboratories in Illinois and Texas to submit fraudulent claims to the HRSA COVID-19 Uninsured Program, ultimately receiving over $293 million in payments. The physician involved allegedly misused patient information—including data from a former hospital employer—to falsely claim that uninsured individuals had submitted samples for COVID-19 testing. In reality, many of the patients had not submitted samples at all. Defendants submitted claims through Texas labs they owned, despite those labs being non-operational. The proceeds were then laundered through various financial accounts to disguise the funds’ origin. Charges include wire fraud, conspiracy to commit money laundering, HIPAA violations, and conspiracy to defraud the United States. Authorities have seized a Rolls Royce Phantom and more than $104 million in assets linked to the fraud.

The charges being brought by the federal government in these cases carry significant criminal penalties and collateral consequences, especially for licensed medical professionals. At Conaway & Strickler, we are highly experienced in defending against these types of claims. Contact us to schedule a consultation and discuss your case.

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.

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.

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.

Recently, a man in New Jersey plead guilty to tax evasion. According to the Department of Justice, “for tax years 2015 and 2016, Matthew Tucci, of West Long Branch, NJ, filed tax returns that stated he owed more than $2 million in taxes for both years. Despite admitting that he owed those taxes, Tucci did not fully pay them when they were due. Instead, Tucci purchased real estate and engaged in a series of transactions designed to conceal his interest in those properties.

In 2017, the IRS sent notices to Tucci that he owed taxes, interest, and penalties for 2015 and 2016. After receiving these notices, Tucci transferred multiple properties to an entity owned by another individual, but he continued to exert control over at least two of them. Of the two properties Tucci continued to control, he sold one and refinanced the other. Tucci used the proceeds from these transactions to pay his personal expenses rather than his tax debts. In 2019, Tucci submitted documents to the IRS that falsely claimed that he had no connection to the entity that owned the 12 properties.

He faces a maximum penalty of five years in prison as well as a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.”

In another case, a Florida businessman was sentenced to prison for tax evasion.  According to the  Department of Justice, “David Albert Fletcher, of Deltona, Florida owned and operated furniture liquidations businesses, including Century Liquidators. For tax years 2004 through 2013, Fletcher did not timely file his federal income tax returns or pay the taxes he owed. After an audit, the IRS assessed a total of $1.7 million in taxes, interest, and penalties against him.

To evade collection of these taxes, Fletcher concealed his income and assets from the IRS. For example, Fletcher used nominees to hide his purchases of luxury vehicles, including Rolls Royces. Fletcher also filed false income tax returns that understated his income by several million dollars, and when an IRS special agent interviewed him, Fletcher falsely represented the amount of income he earned.

In addition to his prison sentence, U.S. District Judge Wendy Berger for the Middle District of Florida ordered Fletcher to serve three years of supervised release and to pay approximately $7,112,689 in restitution to the United States.”

Recently, Meg Strickler was able to ensure that no tax evasion charges were filed against her client.  Contact us if you think you might be facing tax evasion or tax fraud charges.  We are here to help.

1. NPDB Reports. Licensing boards are generally required to report such these informal agreements involving physicians to the National Practitioners Data Bank (“NPDB”). (See45 CFR § 60.8). Hospitals and other entities are required or permitted to check the NPDB during the physician credentialing process. An NPDB report can permanently tarnish a physician’s record and career, unless it is removed, and it may also result in the additional actions outlined below.
2. Reciprocal Actions by Other State Licensing Boards. Many if not all state licensing boards automatically impose reciprocal sanctions against providers who were sanctioned in another state; thus, the action in one state may result in similar actions in other states in which the provider is licensed. That, of course, compounds the physician’s problems.
3. Adverse Action by Other Agencies. Other agencies may initiate their own investigation based on the board’s order. For example, an order with terms relevant to prescribing practices can trigger an investigation by the state pharmacy board. A stipulation involving inappropriate conduct with the patient might lead to criminal charges by the local law enforcement agency. Although such collateral investigations are fairly rare and are usually limited to situations involving egregious facts, there is no guarantee that the physician will be able to avoid lengthy and costly investigations or proceedings by other agencies.
4. Adverse Employment Action. Employment contracts often condition employment on an unrestricted license and require the provider to disclose or represent that the provider has not been the subject of adverse licensure action. Depending on the language of the contract and the mood of the employer, a seemingly innocuous board order may result in loss of employment. At the very least, it will likely undermine the provider’s position with the employer.
5. Adverse Credentialing Actions. Like employment contracts, hospitals or other facilities consider adverse licensure actions in their credentialing decisions. Depending on the medical staff bylaws and credentialing policies, licensure stipulations may allow the hospital or facility to deny, suspend, restrict, or terminate a provider’s medical staff membership or privileges, thereby limiting the provider’s practice options. Such adverse credentialing actions may also adversely affect the physician’s employment or relationships with payers who are affiliated with the hospital.
6. Adverse Publicity. In most states, the licensing board is permitted or required to publish the action. Colleagues, patients and others in the community are likely to learn of the stipulation, resulting in professional embarrassment, diminished reputation, and loss of business.
7. Malpractice Insurance. Depending on underwriting requirements, a board order may adversely affect the provider’s ability to secure or maintain professional liability insurance or the premiums charged for such insurance.
8. Litigation. Finally, the stipulation may result in civil lawsuits. The stipulation may spark suits by plaintiffs affected by the underlying concerns. In addition, plaintiffs’ lawyers may attempt to use the stipulation in subsequent litigation against the provider. Even though the stipulation will likely be irrelevant and inadmissible to most malpractice cases, it can still cause discomfort and increase the costs of defense.

Given the potential penalties, providers should carefully consider the consequences of any consent order entered into with the Board. If there is no effective defense to the allegations, the provider may have little choice but to agree to an appropriate stipulation to minimize costs and avoid potentially worse sanction; however, the provider should attempt to negotiate the terms in the stipulation to minimize his or her exposure. For example, the board might be willing to agree to a private censure or public reprimand instead of imposing restrictions or conditions on licensure. Alternatively, the provider might be able to modify the stipulation to confirm that it does not constitute a restriction on the license, does not limit the physician’s practice, and there was no harm or risk to patients. The provider might try to include other provisions that mitigate the harm or minimize the need for future disclosures. As appropriate, the provider should work with a knowledgeable attorney to help evaluate the risks and craft the stipulation in a manner to minimize the damage it will undoubtedly cause. For a consultation, contact us today.

Kousisis comes before the Court after a Philadelphia-area government contractor was found guilty of fraud after it failed to comply with a contract provision intended to promote diversity. Stamatios Kousisis and Alpha Painting and Construction Co., Inc. (Alpha) secured two substantial contracts with the Pennsylvania Department of Transportation (PennDOT). These contracts mandated a certain percentage of work to be allocated to Disadvantaged Business Enterprises (DBEs). Kousisis and his company misrepresented their compliance with this requirement by using a DBE as a mere pass-through entity, thereby falsely claiming adherence to the DBE participation goals. Despite this deception, the contracted work was completed to PennDOT’s satisfaction, and no direct financial loss was incurred by the department.

Federal prosecutors charged Kousisis and Alpha with wire fraud, conspiracy to commit wire fraud, and making false statements. The prosecution’s argument was based on the “fraudulent inducement” theory, suggesting that the defendants obtained the contracts through deceptive promises, even though PennDOT did not suffer a financial loss. Ultimately, Kousisis was sentenced to 70 months’ imprisonment for the multi-million dollar fraud he perpetrated following a jury trial in 2018.

However, the defense has argued that for a fraud conviction, there must be an intent to cause economic harm, which they claim was absent in this case. During oral arguments, Justice Ketanji Brown Jackson posed the question, “Why isn’t this a classic scheme to obtain property under false pretenses?” For years in federal white-collar cases, the “scheme” itself has always been recognized as the “harm” that triggers application of the federal fraud statutes. Despite that precedent, defense argued: “If there’s no harm that occurs in those transactions, there is no fraud.”

It seems that conservative justices were receptive to the defendant’s argument. Chief Justice John Roberts suggested that “such crimes were better handled by state prosecutors.” Justice Samuel Alito expressed that “the court really doesn’t like the federalization of white-collar prosecutions and wants that to be done in state court and is really hostile to this whole enterprise.”

The outcome of Kousisis v. United States holds the potential to redefine the scope of federal white-collar prosecutions. A decision favoring the defendants could lead to a substantial shift in prosecutorial responsibilities from federal to state authorities. A ruling that limits federal jurisdiction in such cases would compel companies to adapt by focusing more on state-level compliance and legal frameworks. Engaging with experienced legal counsel will be essential for businesses to remain compliant and mitigate risks in this evolving legal landscape.

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

1. Mishandling/misuse of drugs. This includes diverting medications intended for patients, taking medications for your own use, failing to document or inventory medications correctly, or submitting unauthorized prescriptions to pharmacies.
2. Sexual misconduct. This could include allegations of inappropriate sexual relationships with patients or sexually harassing colleagues.
3. Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this could result in the loss of the nurse’s license.
4. Fraud. This may include allegations of falsifying patient records, misrepresenting credentials like education credits or diplomas, sending incorrect or inflated bills to insurance companies, etc.
5. Criminal convictions. Many convictions can disqualify nurses from practicing (such as driving under the influence or drug possession). Importantly, you can also lose your license if you do not disclose a past conviction (see below for more on the license renewal process).

Question: What happens when a complaint is filed against you?

Answer: If a complaint is filed against you with the board of nursing, the Board will review the complaint and open an investigation. If the allegations are serious, the board can issue an emergency temporary suspension of your license during the disciplinary process. Depending on the allegations, an investigator may be appointed to gather all necessary information, including documents, witness testimony, etc. The board may also ask you to submit a written response to the allegations in the complaint, along with any supporting evidence. The board will then decide whether there is enough evidence to support the allegations against you and move forward.

The Board may offer a consent order, allowing you to accept penalties without a formal hearing. The consent order typically involves admission to the wrongdoing and submitting to the disciplinary action recommended. If you decline, a formal hearing will be held, and disciplinary actions may follow. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing, the board will make a final determination. This could range from public reprimand to the suspension or revocation of your license. Even a minor disciplinary action can become a matter of public record, affecting your career and permanent reputation. It is critical to have a qualified attorney guiding you through this process.

Question: Why hire a nursing license defense attorney?

Answer: When a complaint is filed against you, the board of nursing does not consider you innocent until proven guilty, immediately putting you at a disadvantage. The Nursing Board’s primary goal is to protect the public, not defend nurses. With your career at stake, navigating the complexities of an investigation without legal assistance can be risky. Retaining a nursing license defense attorney ensures that your rights are protected, representing your best interests every step of the way.

Question: What if you are concerned about the license renewing process?

Answer: If you’ve been arrested or convicted since your last renewal, you need to proactively address these issues with the board. Building a mitigation packet and addressing any concerns early can significantly increase your chances of renewing your license without penalties. At Conaway & Strickle, PC, we are experienced in working with professionals to mitigate adverse Board actions related to arrests, substance abuse, and mental health issues. We can assist with not only getting your criminal case reduced or dismissed, but also renewing your license without sanctions.

Question: How can a DUI affect your nursing license in Georgia?

Answer: A DUI conviction in Georgia can result in probation and other penalties, such as random alcohol screenings, mental health evaluations, and restrictions on your nursing practice. These probationary conditions can last for years, depending on the severity of the case.

Below is a list of common probationary conditions that can be place on you following a DUI or an impaired driving under the influence of drugs charge in Georgia.

• Three years minimum probation (must be three years of continuous compliance, so the probationary period could be extended if you slip up)
• Psychotherapy Evaluation by a physician board certified in addiction medicine
• Psychotherapy Course of Treatment completion
• Quarterly Reports from Psychotherapist
• Mental and Physical Evaluation, with favorable finding pertaining to ability to perform duties
• Continuing Education Coursework
• Quarterly Reports from Employer
• Quarterly Reports from yourself
• Quarterly Reports from a Substance Abuse Treatment Aftercare program approved by the Board of Nursing
• Monthly PEth (blood alcohol) testing for first 12 months
• Bi-monthly random urine drug screens for duration of probationary period
• Random alcohol screens
• Enrollment in an Affinity Program, like the one offered by the Georgia Nurses Association
• Restrictions on nursing practice, often including an inability to practice in the following areas without prior Board of Nursing Approval: Agency/Pool Assignments; Private Duty Nursing; In-Home Nursing; Internal Float Pools; Travel Nursing; In-Home Hospice.
• Abstaining from alcohol, and mood-altering substances, including controlled substances unless prescribed.
• If prescribed any medication, providing a letter from the prescriber to both the Board of Nursing and the treatment/aftercare provider within 10-days of receiving such subscription.

Conclusion

If you’re facing challenges related to your nursing license, it’s important to act quickly. With the complexities of nursing board investigations and the potential damage to your reputation, having an experienced nursing license defense attorney is crucial. For more information, contact us today.

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.

Once referred to the FBI, many unruly passenger cases lead to federal charges, especially when sexual misconduct or violence is involved. These cases often involve unwanted touching, and allegations of individuals under the influence of alcohol or medication. Federal prison time and long-term consequences await those convicted of these serious crimes. For more information about how the FBI and federal prosecutors handle these cases, you can review this detailed account from the Department of Justice.

Beyond hefty fines, individuals charged with federal crimes for unruly behavior aboard a flight face significant prison time. Sexual misconduct in particular is treated severely, with offenders often sentenced to years in federal prison. The FAA and FBI are clear in their mission: passengers who pose a threat will be prosecuted to the fullest extent of the law.

For those facing such charges, it is crucial to seek legal representation immediately. At our firm, we are experienced in defending against federal charges related to in-flight incidents and can provide the guidance needed to navigate these complex cases. Contact us today for a consultation.

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.

What protections do I have to prevent law enforcement from searching my devices?

Laws on the admission and use of this evidence in court are still evolving. In the Georgia Supreme Court case State v. Wilson, the court ruled search warrants for cell phone contents must specify the items being sought. This is to prevent a general search of a person’s belongings, which is prohibited by the Fourth Amendment.

Do I have the same legal rights at the border that I would elsewhere in the United States?

The Supreme Court ruled that the police must get a warrant before searching someone’s cell phone in Riley v. California. The Supreme Court held that a warrant is generally required before a search of a cell phone seized incident to arrest. BUT, at the border, there is less protection. According to US Customs and Border Protection a person may be chosen for inspection for many different random reasons and thus there is less protections when crossing the border in or out of the US. What this means – you can be pulled for a secondary inspection and all of your devices can be searched without a warrant. They can also get an image from the hard drive of these devices and / or seize the devices at the border.

What do I do if I am asked to give my cell phone to law enforcement?

If you know your rights, you can comply when necessary. So, for example, if you are traveling internationally – do not travel with devices that you would not want searched. Furthermore, if you are driving and pulled over with drugs or a high amount of currency in your car, etc, your cell phone and / or other devices WILL be seized and analyzed.

And, please remember anything uploaded to the cloud is fair game for law enforcement. That’s a broad statement – but when you signed up for Instagram, Whats App, Google, TikTok, Facebook, Signal, Twitter/X, etc, you signed away any privacy rights. Those companies are fast to comply with law enforcement subpoenas giving whatever you posted/uploaded immediately to them.

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.

Why Do Banks File SARs?

Banks must comply with a variety of regulations designed to prevent financial crimes. One of the core elements of these regulations is monitoring customer transactions for anything that might indicate illegal or suspicious activity. A SAR is typically filed when a bank suspects that a transaction, or series of transactions, might involve:

• Money laundering: Attempting to disguise the origins of illegally obtained money by passing it through a legitimate banking system.
• Fraud: Including wire fraud, identity theft, and other deceptive financial activities.
• Structuring: Breaking down large sums of money into smaller deposits to avoid triggering reporting requirements (also known as “smurfing”).
• Unexplained large transactions: Transactions that don’t align with an individual’s or business’s typical activity or appear inconsistent with known financial patterns.

Common Triggers for SARs

Financial institutions are trained to spot red flags, and there are a number of scenarios that could trigger a SAR filing. Here are some of the most common:

1. Unusually Large Transactions: If an individual or business is suddenly moving unusually large amounts of money, especially in cash, this can raise red flags. Large deposits, withdrawals, or transfers that don’t align with normal activity patterns may prompt the bank to investigate further.
2. Frequent Cash Deposits Below $10,000: To avoid the $10,000 threshold that triggers an automatic Currency Transaction Report (CTR), some individuals break down larger sums into smaller deposits (a practice called structuring). If a bank detects this behavior, it will likely file a SAR.
3. Wire Transfers to High-Risk Countries: International wire transfers to or from countries that are known for terrorist activity, money laundering, or lacking robust financial regulations may result in a SAR filing.
4. Multiple Accounts Under One Name: Using multiple accounts to shuffle money back and forth—especially if the accounts seem unrelated to legitimate business or personal activities—can appear suspicious.
5. Account Activity Inconsistent with Known Business Practices: If a company typically processes small, regular transactions and suddenly starts handling large, irregular amounts, it might trigger suspicion. Likewise, if a personal account shows business-level activity, this could raise alarms.
6. Use of Shell Companies: Banks scrutinize accounts associated with shell companies that lack a clear purpose or business activity, as they are often used in money laundering schemes.
7. Unexplained Source of Funds: If the origin of deposited funds is unclear, or if large amounts of money are transferred without any legitimate explanation, the bank may file a SAR.

The Impact of a SAR Filing

When a bank files a SAR, it is confidential. The individual or business subject to the report is not directly informed; However, the bank may decide to take action based on its findings, which can include:

• Account closures: If the bank believes the activity is risky or potentially illegal, it may close your account or freeze any available funds.
• Increased monitoring: Your account may come under closer scrutiny, with more restrictions placed on transactions.
• Law enforcement involvement: If the behavior in question warrants it, the SAR could lead to a broader investigation by federal or state law enforcement agencies.

What to Do if You Believe a SAR Has Been Filed Against You

While you won’t be directly informed if a SAR has been filed, you may suspect something is amiss if your bank account is frozen, closed, or you’re contacted by law enforcement regarding your financial activity. If you find yourself in this situation, here are some steps to take:

1. Seek Legal Counsel: The most important thing you can do is consult with an experienced criminal defense attorney. A SAR filing could be the beginning of a serious investigation, and you’ll want legal guidance to protect your rights and interests.
2. Gather Financial Records: Be prepared to provide your attorney with all relevant financial records. This can help explain the nature of your transactions and demonstrate that they are legitimate.
3. Do Not Attempt to Explain Yourself to the Bank: Anything you say to the bank could be misinterpreted or used against you in a later investigation. Your attorney will be able to navigate these communications appropriately.

A Suspicious Activity Report can be a precursor to serious legal trouble, but it’s important to remember that it is not an accusation of a crime. Banks are required to report anything that appears suspicious, even if the behavior is ultimately lawful. If you find yourself facing consequences related to an SAR filing, don’t wait—contact us today for a consultation and take control of your situation before it escalates. If you are facing financial crime allegations, our skilled team of criminal defense attorneys is here to help.

What is the “Free Money Hack”?

The trend usually involves TikTok users claiming they have found ways to manipulate the financial system, offering viewers methods to “hack” or exploit bank accounts, cash apps, or credit systems to obtain free money. Some of these schemes involve:

• Overdraft exploits: Encouraging users to overdraw bank accounts and then supposedly avoid the consequences.
• Fake check schemes: Depositing fraudulent checks into accounts and withdrawing the funds before the bank detects the fraud.
• Refund fraud: Filing fake claims with companies to get refunds for purchases that were never made.

These tactics promise fast cash with minimal effort, but what they really deliver is financial and legal disaster.

Why Following the Trend is Illegal

What these TikTok videos don’t explain is the serious legal consequences of participating in such schemes. Fraud, theft, and exploiting banking systems for personal gain are criminal acts, regardless of how trendy or harmless they may seem in a 60-second clip.

Here are some common legal charges that can result from participating in these activities:

1. Bank Fraud: This is a federal crime that can result in hefty fines and imprisonment. Intentionally defrauding a financial institution is illegal under U.S. law, and following these TikTok hacks can quickly escalate into a federal investigation.
2. Wire Fraud: Many of these hacks involve electronic transfers or communications, which falls under wire fraud. This also carries severe penalties, including long prison sentences.
3. Check Fraud: Depositing fake or altered checks with the intent to withdraw funds is considered check fraud. Even if you think you’re being clever by pulling out the money before the bank catches on, it’s still a criminal act.
4. Identity Theft: Some of these schemes suggest using fake names or other people’s banking details, which could lead to identity theft charges. This is a serious offense with strict penalties.
5. Theft by Deception: If you knowingly mislead a financial institution or another individual to gain money or assets, this is classified as theft by deception. Penalties can include jail time and significant fines.

Participating in these “hacks” isn’t just risky from a financial perspective—it’s a direct pathway to legal repercussions that can follow you for the rest of your life. Depending on the scale of the fraud or theft, you could face:

• Criminal Charges: These could range from misdemeanors to felonies, depending on the amount of money involved and the nature of the crime.
• Restitution: If convicted, you could be required to pay back any money that was wrongfully obtained, along with additional penalties.
• Permanent Criminal Record: A fraud conviction can make it difficult to secure future employment, housing, or loans, and can damage your reputation permanently.

The allure of easy money is tempting, but it’s important to remember that many social media trends, like the “free money hack,” come with significant risks. Engaging in these activities can lead to criminal charges that affect your financial future and personal freedom. Before following any advice from TikTok or other social media platforms, it’s vital to understand the full legal ramifications.

If you’ve been accused of fraud or any criminal activity related to online schemes, our experienced legal team is here to help. Don’t hesitate to contact us today for a free consultation. The legal system can be complex and unforgiving, but with the right defense, you can navigate the process and work toward the best possible outcome

Who makes up the Composite Board? The Board is made up of fifteen members appointed by the Governor. Thirteen of those members are physicians, and two of those members are public representatives who have no ties to medicine. Each Board member typically serves a four-year term.

What does the Board do? The Board’s functions include screening candidates for licensure, issuing licenses to qualified professionals, developing rules and guidelines for healthcare practice, and disciplining licensees when necessary. In Georgia, the Composite Board licenses and monitors healthcare professionals including the following: Medical doctors (MDs), Doctors of osteopathic medicine (DOs), Physician assistants (PAs), Anesthesiologist assistants (AAs), Acupuncturists, and pain management clinics. However, the Composite Board does not license or regulate podiatrists, chiropractors, dentists, marriage and family therapists, social workers, professional counselors, physical therapists, registered nurses, or licensed practical nurses – those professions are regulated by the Office of the Secretary of State.

As a healthcare professional, should you retain a lawyer for interacting with the Board? When your professional license could be at stake, an experienced attorney can assist you with navigating the Board’s procedures and hearings. For licensing applicants, there may be issues from the past that require disclosure to the Board. For example, while a past criminal conviction will not necessarily prevent an applicant from obtaining a healthcare license, the failure to make an adequate and timely disclosure could jeopardize licensure and require a hearing before the Board. For licensed healthcare professionals, the Board will handle challenges to your license that arise from allegations of any professional or criminal misconduct. Once the Board has notified you of a pending disciplinary action, consulting with legal counsel is crucial to best protect your license and career.

At Conaway & Strickler, we have experience representing healthcare professionals before the Board in matters including the disclosure and mitigation of criminal issues and the defense of alleged professional misconduct. If your healthcare license is at stake, our attorneys can help guide you through the process of safeguarding your career. Schedule a free consultation to discuss potential issues facing your professional license.

After an allegation has been made, there are a limited number of ways that the Title IX investigation can resolve:

1. Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).
2. Informal Resolution: Except in situations where a sexual misconduct complaint is made by a student against an employee, the parties can agree to resolve the matter outside of the formal hearing process. An informal resolution agreement may include terms such as agreeing to provide a written apology, undertake community service and/or counselling, or a leave of absence from the school. An experienced attorney can help you advocate in these negotiations.
3. Formal Hearing: If the complaint is not dismissed and an informal resolution is not reached, the investigation is ultimately referred for formal hearing before a panel. The results of formal hearing will often be the most significant – regardless of the outcome, the result of a hearing will be reflected on a student’s official records. Specifically, being formally found responsible for a Title IX violation not only carries the likely punishments of suspension or expulsion, but also the collateral consequence of a permanent mark on your school transcript.

Regardless of the resolution, there can be lasting consequences of a Title IX allegation. Even if resolved informally, certain schools or professional licensing boards may require the disclosure of any past Title IX allegations. As mentioned, a formal finding is reflected on your school transcript and could affect your future employment and education. For non-citizens, certain Title IX allegations could also impact an individual’s ability to lawfully re-enter the United States.

Most importantly, Title IX allegations often overlap with conduct that could also be considered a crime. For instance, a Title IX allegation of nonconsensual sexual conduct could also be criminally prosecuted under O.C.G.A. § 16-6-1, which carries a penalty of twenty-five years to life. When facing allegations of this severity, it is important to know that any statements or information you provide will be recorded and can be used against you – not just in the Title IX context, but also in a court of law. Having an advisor to assist throughout each step of the Title IX process is crucial to minimizing exposure to any criminal liability related to the allegations.

At Conaway & Strickler, we are experienced in helping students navigate the Title IX process and minimizing the consequences that these serious allegations may carry. Contact us today to discuss how we can assist you.

One way in which acceptance of responsibility is often demonstrated is through the defendant’s guilty plea. When a defendant pleads guilty, they are admitting to the charges against them and accept the consequences that come with those charges. This can be seen as a sign of acceptance of responsibility, as the defendant is acknowledging that they committed the crime and is willing to accept the punishment for it. Aside from pleading guilty early in the legal process, acceptance of responsibility is often demonstrated through actions such as cooperating with law enforcement or prosecutors, showing remorse for one’s actions, or taking steps towards rehabilitation and/or restitution.

During federal sentencing, a defendant who has exhibited remorse can be awarded either a two- or three-level decrease in their calculated guideline range based on USSG § 3E1.1 Acceptance of Responsibility. A majority of federal criminal defendants who plead guilty receive this sentencing decrease; but, whether it applies to a case is ultimately within the court’s discretion. Section 3E1.1 is relevant only in the federal system; however, on the state level, the general concept of accepting responsibility is still applicable at sentencing.

Any conduct or statements by the defendant that are viewed as inconsistent with genuine remorse and acceptance of responsibility can and will result in the Court ruling that the two- or three-level decrease does not apply at sentencing. Recently, “Rust” armorer Hannah Gutierrez-Reed was sentenced to the maximum penalty of 18 months in prison after prosecutors argued that she showed no remorse for her conduct.

In a filing to the Court, the prosecutors highlighted several jail calls where Gutierrez-Reed demonstrated her “complete and total failure to accept responsibility for her actions.” The filing states she complained about how the shooting had negatively affected her life and modeling career while never expressing genuine remorse at any time. In those recorded jail calls, the defendant made several crude comments, including calling the jurors “idiots” and “retards.”

The full filing submitted to the Court highlighting the jail calls is available here. Ultimately, after seeing the defendant’s conversations in jail, the judge agreed that Gutierrez-Reed had not accepted responsibility or exhibited genuine remorse for her conduct. Accordingly, she was sentenced to the maximum punishment per the recommendation of the prosecutors.

Airports are high security environments with strict rules enforced through law enforcement, federal agents, TSA checkpoints, drug-sniffing dogs, US Marshals aboard flights, and more. Being arrested at an airport is overwhelming, scary, and often times, completely unexpected. However, the consequences of these arrest can be serious and long-lasting. An arrest at an airport could lead to detention by law enforcement, criminal charges, and the need to retain legal representation.

If you are arrested at an airport, you may be taken into custody and transported to a detention center or police station where you will be held and processed until further legal proceedings. However, this does not always happen at the airport – you may leave the airport and later have a warrant issued for your arrest. In that case, you would still need to turn yourself in for processing with law enforcement. In either circumstance, it is essential to remember your rights, including the right to remain silent and the right to legal counsel. Contacting an experienced criminal defense attorney will help you navigate that distressing process with an advocate by your side.

Airport arrests can lead to severe criminal charges depending on the circumstances of your case. Common criminal charges in this context cover a broad range including drug offenses, sexual offenses, firearm offenses, DUIs, disorderly conduct, battery, theft, trafficking, and fraud. You could also be arrested at the airport for entirely unrelated criminal charges if you are simply identified and apprehended pursuant to an active arrest warrant, such as this recent arrest in Atlanta. Committing crimes while aboard an aircraft (like interfering with the performance of the duties of a flight crew) can lead to federal criminal charges and even more severe penalties. Many of these charges carry significant terms of imprisonment and hefty fines.

A strong legal defense is crucial if you have been arrested at an airport or are under investigation for alleged conduct at an airport. A skilled criminal defense attorney will guide you through the process, explain the charges against you, and evaluate the evidence to develop a defense strategy tailored to your case.

At Conaway and Strickler, we craft a defense based on the unique circumstances of each case and work closely with our clients to pursue favorable resolutions. If you have been arrested or detained at an airport, it is important to hire an attorney that is experienced in this area of law and can safeguard your rights throughout each step of the process. Contact us for a free consultation regarding your case.

Under O.C.G.A. § 24-4-404(b), evidence of other acts can be introduced by the prosecution to prove a defendant’s “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” This type of evidence is only admissible if the State shows:

“(1) that it seeks to introduce the evidence not to raise an improper inference as to the defendant’s character but for some proper purpose; (2) that there is sufficient evidence to establish that the defendant committed the independent offense; and (3) that there is a sufficient connection or similarity between the independent offense and the crime charged so that proof of the former tends to prove the latter.” Amica v. State, 704 S.E.2d 831 (Ga.App. 2010).

More specifically, however, O.C.G.A. § 24-4-413 provides that “evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.”

This means that while evidence of other acts is admissible in all types of criminal cases, it is most liberally extended in the area of sexual offenses. This presents an issue for defendants at trial because it potentially opens the door to every allegation anyone ever made against the defendant regardless of whether the allegation was reported to the police or whether the defendant was ever prosecuted. This often leads to the admission of uncorroborated and unreliable allegations that the defendant never had a prior opportunity to disprove.

Similar transaction evidence can be one of the largest hurdles facing a criminal defendant. Although the judge tells the jury that all this evidence about the other crime cannot be used to determine the guilt for the crime that the defendant is on trial for, that is not a reality. Evidence of prior crimes will almost always create some bias in the minds of jurors.

The law surrounding similar transaction evidence is complex, but there are ways a skilled attorney can ensure this type of evidence is excluded from trial. Early in the case, criminal defense attorneys must identify potential evidence of other acts and investigate these allegations just as thoroughly as the allegations in the indictment. Even though the defendant is technically only on trial for the charges in the indictment, the defense must effectively disprove or exclude evidence of prior allegations and crimes.