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.

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.

What Is the New FINCEN Rule?

FINCEN’s new rule extends Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) obligations to investment advisers involved in residential real estate transactions. The aim is to prevent illicit financial activities in an industry known for large cash transactions that can serve as vehicles for money laundering, fraud, and other financial crimes.

Previously, residential real estate investments, particularly those conducted through shell companies or trusts, offered a level of anonymity that bad actors could exploit. This new rule eliminates some of that opacity by requiring reporting and disclosure obligations for entities and individuals involved in these transactions.

The final rule imposes several key requirements:

1. Increased Reporting and Disclosure: Individuals and firms engaged in residential real estate investments must now report detailed information regarding the identity of buyers and sellers, the source of funds, and other financial details. This includes both U.S. and foreign investors, adding an extra layer of scrutiny for cross-border transactions.
2. Enhanced Due Diligence: Investment advisers and firms must now conduct thorough due diligence on clients and the source of their funds, ensuring that they comply with AML/CFT standards. This may involve verifying identities, examining financial records, and reporting suspicious activities to FINCEN.
3. Penalties for Non-Compliance: The rule includes penalties for individuals and firms that fail to meet the new AML/CFT obligations. Non-compliance could lead to fines, sanctions, or even criminal charges depending on the severity of the infraction.

For real estate investors, the new FINCEN rule adds a new layer of legal and financial oversight. While the intention is to weed out bad actors, the burden of proof is now on investors and their advisers to ensure compliance. This means that investors will need to be more transparent in their transactions, particularly regarding the source of their funds. Without proof of the funds coming from a legitimate source, criminal charges of money laundering and fraud can result.

As the FINCEN rule takes effect, compliance will be a critical concern for many in the real estate industry. Our firm is experienced in navigating the complex landscape of financial regulations, including defending clients against charges of money laundering and related financial crimes. We can help you understand your obligations under the new FINCEN rule and defend against any accusations of non-compliance or criminal misconduct.

This new regulation represents a major shift for the residential real estate industry. Whether you’re an investor or an adviser, staying compliant is no longer optional—it’s the law. The new FINCEN rule is set to take effect on December 1, 2025. If you have questions about the new rule and how it affects your business, contact ustoday for a consultation.

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.

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.

Money Laundering refers to the illegal process of concealing the origins of money obtained through criminal activities, making it appear as if it comes from a legitimate source. This is criminalized under 18 U.S.C. § 1956. Money laundering using NFTs involves the illicit use of these digital assets to disguise the origins of illegally obtained funds. In this context, individuals create a fake record of sales on the blockchain by selling NFTs to themselves using different accounts. Once finished, they sell the NFT to an unsuspecting buyer and repeat the process.

Fraud has grown increasingly common in the crypto landscape due to its anonymous and decentralized nature. Fraud involving NFTs can manifest in various ways due to the unique characteristics of these digital assets. This is mostly being prosecuted as wire fraud under 18 U.S.C. § 1343. Some common forms of fraud associated with NFTs include:

1. Fake or Stolen NFTs: Fraudsters might create counterfeit NFTs by copying digital content and attempting to sell them as original or rare pieces. Additionally, they might steal someone else’s artwork or content and mint NFTs to sell without the creator’s consent.
2. False Representation: Individuals might misrepresent the ownership or authenticity of an NFT by falsely claiming it is associated with a particular creator or source, leading buyers to believe they are purchasing something of higher value or legitimacy than it actually holds.
3. Pump-and-Dump Schemes: Similar to traditional financial markets, some individuals may engage in pump-and-dump schemes within the NFT market. This involves artificially inflating the value of certain NFTs through false hype or manipulation, only to sell them off at a high price, leaving unsuspecting buyers with devalued assets.
4. Phishing and Scams: Scammers may use phishing techniques to trick NFT owners into providing their private keys or access to their digital wallets, allowing the fraudster to steal the NFTs. Additionally, fraudulent schemes and fake NFT marketplaces can deceive buyers and sellers into making transactions for non-existent or misrepresented NFTs.
5. Rug-Pull Scheme: As the term suggests, a “rug pull” refers to a scenario where the creator of an NFT and/or gaming project solicits investments and then abruptly abandons a project and fraudulently retains the project investors’ funds.

Law enforcement is continuing to prosecute these types of NFT schemes across the nation, in cases that allege millions of dollars being defrauded. Two defendants were charged for executing a $1 million NFT money laundering and fraud scheme in January 2022. In another NFT rug-pull, Aurelien Michel was charged for diverting $2.9 million dollars in an international fraud scheme.

But,what if a threat is simply a result of a prank? What charges could result from calling in a threat that is not real? Criminal defense attorney Meg Strickler recently commented on NBC 11 Alive News about this very issue. Calling in a threat to a school can be very disruptive and it will always involve law enforcement. Teens can thus face charges ranging from misdemeanor to federal charges. And, the school can also suspend or expel a student for this conduct.

It is a complex situation especially in these times.

Contact Conaway & S Strickler, PC to discuss. We are here to help protect you and your loved ones’ rights.

Below are the federal statutes that address child pornography.

18 U.S.C. §2252 – Child pornography; 18 U.S.C. §2252A – Sexual exploitation of minors; and 18 U.S.C. §1466A – Obscene visual representation of sexual abuse of minors

18 U.S.C. 2251 – Sexual Exploitation of Children

——————————————————————————-

Below are the statutory minimum and maximum punishments for these offenses:

I. Possession of child pornography (first offense)

• No minimum; maximum 10 years
• BOL (Base offense level) 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)

II. Possession of child pornography (second or subsequent sex-based offense and pornography depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. §2252(b)(2); 18 U.S.C. §2252A(b)(2)

III. Mailing, transporting, or receiving, or possession with intent to sell child pornography (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41- 51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

IV. Mailing, transporting, or receiving, or possession with intent to sell child pornography (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

V. Possession of visual representations of sexual abuse of children (first offense)

• No minimum; maximum 10 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2) (per 18 U.S.C. § 1446A(a))

VI. Possession of visual representations of sexual abuse of children (second or subsequent sex-based offense & pornography that depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)) (per 18 U.S.C. § 1446A(a))

VII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 U.S.C. §1446A(b))

VIII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 USC 1446A(b))

IX. Production

• Minimum 15 years; Maximum 30 years
• BOL 32 (121-151 months)
• 18 U.S.C. § 2251

________________________________________

Below are the applicable United States Sentencing Guidelines.

Production USSG 2G2.1

This includes situations that involve asking a minor for an illicit image, or a situation such as the following link: https://www.wsbtv.com/news/local/metro-atlanta-couple-charged-with-using-adopted-kids-make-child-porn/DQIMBH4YZNFC5E6UUSSXM2HLDA/

BOL 32 (121-151 months)

POSSIBLE ENHANCEMENTS:

+4 under age 12;

+2 age 12-16

+2 sex act

+4 levels if sex act AND 18 U.S.C. § 2241 (a) or (b) Aggravated sexual abuse

Distribution USSG 2G2.2

BOL 22; 2252 and 2252A not under either below

Receipt

BOL 20 since not possession and defendant’s conduct was limited to receipt and there was no intent to traffic or distribute

Possession

BOL 18 2252(a)(4), 2252A(a)(5) or 2252A(a)(7)

POSSIBLE ENHANCEMENTS:

+2 under age 12

+x for pecuniary gain (see fraud table 2B1.1. but not less than +5)

+5 for any type of gain other than pecuniary

+5 if distributed to a minor

+6 if distributed to a minor to coerce minor to engage in illegal activity

+7 if distributed to a minor to coerce minor to engage in illegal activity and make minor travel

+2 if knowingly distributed other than described anywhere else +2 masochistic or sadist +4 if toddler or infant +5 if pattern +2 use of computer +2 10-150 images +3 150-300 images +4 300-600 images +5 600 plus images *Note with videos, it is very easy to get to 600 plus images.

There are many strategies for defending someone charged with these type of charges. Have the photos been edited? Are the individuals in the images actually under the age of 18? Were these images downloaded by accident? Did someone else have access to the computer? The router?

As described above, the consequences of a child pornography conviction are severe and life-altering. The collateral consequence of the sex offender registry can be devastating.

For further information, or if you have a loved one charged with this, please contact our firm.

For additional blogs, please see here

RDAP consists of 3 intensive phases, totaling over 500-hours of voluntary individual and group treatment, and it is about 9-12 months long. This program offers prisoners to live in a modified prosocial community within the prison, separate from the general population. They split their day in half with vocational, work, or school activities and the other half in treatment/programs. Prisoners must meet specific requirements to be considered for this program, and space is often limited. The prisoner must have at least 24 months remaining in their sentence to complete the program.

Since some inmates may have less than a 24-month sentence, the FBOP also offers a Non-Residential Drug Abuse Program (NRDAP), where prisoners can participate in 12-24 weeks of Cognitive-Behavioral Treatment. This treatment consists of skill-building within communication, rational thinking, and institution adjustment. NRDAP is often offered in a group setting and is more accessible to prisoners because of the less strict qualifications. NRDAP differs from RDAP because offenders may join this program if they have short sentences, are not eligible for RDAP, or awaiting availability.

The key benefit other than treatment is that those inmates who successfully complete either program may be eligible for a maximum pre-release time in a residential re-entry center, such as a halfway house, where treatment continues thus shortening the actual time incarcerated.

For more information, please click here or feel free to access our blog or contact Conaway & Strickler, PC to discuss this in more detail.

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

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

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