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        <title><![CDATA[#moneylaundering - Conaway & Strickler]]></title>
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                <title><![CDATA[Recent Fraud Cases Highlighted by the DOJ include Cryptocurrency and Civil Forfeiture Complaints]]></title>
                <link>https://www.conawayandstrickler.com/blog/recent-fraud-cases-highlighted-by-the-doj-include-cryptocurrency-and-civil-forfeiture-complaints/</link>
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                <pubDate>Sun, 03 Aug 2025 13:54:00 GMT</pubDate>
                
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                <description><![CDATA[<p>As we enter the 8th month of 2025, it is clear that federal agencies have ramped up enforcement of federal crimes, leading to substantial financial penalties and lengthy prison sentences. Recently, the Department of Justice highlighted enforcement efforts that allegedly aimed at protecting&nbsp; Americans from transnational fraud schemes.&nbsp; Here are some of the cases discussed:&hellip;</p>
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                <content:encoded><![CDATA[
<p>As we enter the 8th month of 2025, it is clear that federal agencies have ramped up enforcement of federal crimes, leading to substantial financial penalties and lengthy prison sentences.</p>



<p>Recently, the Department of Justice highlighted enforcement efforts that allegedly aimed at protecting&nbsp; Americans from transnational fraud schemes.&nbsp; Here are some of the cases discussed:</p>



<p><a href="https://www.pacermonitor.com/public/case/58513717/USA_v_Murray">United States v. Troy Murray</a> and <a href="https://www.pacermonitor.com/public/case/58513715/USA_v_Murray">United States v. Cutter Murray</a>. On June 11, 2025, DOJ’s Consumer Protection Branch filed an Information in SDFL charging Troy Murray also known as “Steve Dixson” with conspiracy to commit wire fraud. According to court documents, Troy Murray sold to lottery fraud scammers, including Jamaicans, his lead list database containing the names, and personal information of over seven million elderly American consumers. These lists were allegedly then used to defraud elderly victims. Additionally, Cutter Murray, Troy Murray’s son, will plead guilty to one count of money laundering for receiving and then laundering $1.6 million of the fraudulent funds Troy Murray obtained.</p>



<p><a href="https://www.justice.gov/usao-ct/pr/georgia-man-charged-operating-sweepstakes-scam">United States v. Jimmy Smith</a>. On April 1, 2025 the U.S. Attorney’s Office for the District of Connecticut announced charges against Jimmy Smith, 30, a citizen of Jamaica, who resided in Hinesville, Georgia. According to court documents, Smith and others defrauded at least four victims residing in Connecticut, New York, Texas, and California, by telling them they had won a Publishers Clearing House Sweepstakes and needed to pay taxes or money to claim the prize.</p>



<p>United States v. <a href="https://www.justice.gov/usao-ma/pr/nigerian-national-pleads-guilty-role-romance-scam-and-money-laundering-scheme">Charles Uchenna Nwadavid</a>. On April 9, the U.S. Attorney’s Office (USAO) for the District of Massachusetts announced charges against Charles Uchenna Nwadavid, a citizen of Nigeria who was arrested after landing at the Dallas-Fort Worth Airport. In January 2024, a grand jury indicted Nawadavid on one count of mail fraud and two counts of money laundering. Between approximately 2016 to September 2019, Nwadavid allegedly participated in romance scams that tricked victims into sending money abroad.&nbsp; He plead guilty to mail fraud, aiding and abetting money laundering and money laundering on June 26, 2025.&nbsp; The DOJ states “romance schemes” &nbsp;generally begin when the “bad actors” recruit victims through advertisements for online relationships on dating or social media websites. Individuals perpetuating romance scams often create fictitious profiles and then use them to gain victims’ trust through a purported romantic relationship. Perpetrators then direct their victims to send money or to conduct financial transactions involving other victims’ money under false pretenses, such as an urgent need for money to secure a multi-million dollar inheritance or to pay for an unexpected hospitalization.</p>



<p>Another romance scheme can involve investing in cryptocurrency. The United States Attorney’s Office for the Northern District of Ohio (USAO) has filed a <a href="https://www.justice.gov/usao-ndoh/media/1391461/dl?inline">civil complaint in forfeiture</a> against 8,207,578 Tether (USDT) cryptocurrency, valued at more than $8.2 million in February, 2025.&nbsp; &nbsp;In that case, investigators found that scammers initially contacted the victims through seemingly misdirected, or “wrong number,” text messages. The fraudster then gained the victim’s trust and affection using various manipulative tactics. Once trust was established with the victim, the fraudster would share how much success they, or someone they knew, had with investing in cryptocurrency. This personal testimonial lessened any uncertainties the victims may have had about virtual currencies and eventually had the intended effect to persuade the victim to proceed with the investment.</p>



<p>The fraudster would then guide the victim, step-by-step, on how to open a legitimate cryptocurrency account, most often with a U.S. based virtual currency exchange such as Crypto.com or Coinbase. The scammer would walk the victim through the entire process of transferring money from their bank to the newly created cryptocurrency account. Next, the victim received instructions on how to transfer the purchased cryptocurrency assets to an online “investment platform,” which would turn out to be a fake site created by the fraudsters to look like a legitimate company. Information on the platforms promised lucrative returns which encouraged victims to invest further. However, once the victim transferred their funds to the “investment platform” they unknowingly handed over complete control and ownership of their funds to the scammer.&nbsp; These fake cryptocurrency trading platforms or fake versions of official crypto wallets to trick unsuspecting victims. These fake websites usually have similar but slightly different domain names from the sites they attempt to mimic.</p>



<p>The complaint also outlines that the perpetrators of such investment fraud schemes often allow victims to withdraw a portion of their “profits” early on in the scheme to build trust and reinforce their belief that the “investment platform” was legitimate. But as the scheme progressed, victims were unable to withdraw their funds and given excuses as to why they could not access their funds. For example, the fraudsters referred to a fake “tax” requirement, stating that taxes must be paid on the proceeds generated from the investment platform. Knowing that the scam would run its course soon, the fraudsters used last-ditch efforts to lie to victims that they had to pay a tax. Ultimately, victims were locked out of their account on the investment platform and lost their funds.</p>



<p>A woman in Lake County, Ohio became the target of such a scam when she responded to a text on her phone from an unknown number in November 2023. She began sharing information via text with the person and the two bonded over topics such as hobbies and religion. Over a period of time, the victim followed instructions from her new “friend” and opened an account at Crypto.com and then transferred funds into the account. When the victim wanted to withdraw funds, her “friend,” relented and said additional payments were needed and she complied. When the victim no longer had any funds left after making additional payments, her “friend” began to threaten her that he would send his friends to “take care of” her friends and family. Having lost her entire life savings of approximately $663,352, including funds from her Roth IRA, the victim filed a complaint with the FBI’s Internet Crime Complaint Center to report the losses in June 2024. The FBI Cleveland Division subsequently initiated an investigation.</p>



<p><a href="https://www.justice.gov/usao-ndoh/media/1402451/dl?inline">United States v. 679,981.22 Tether, et al</a>. On June 3, the U.S. Attorney’s Office for the Northern District of Ohio announced the filing of a civil forfeiture complaint against 679,981.22 in the Tether cryptocurrency suspected of being fraudulently obtained as part of a romance/investment scam. According to court documents, one victim was targeted via LinkedIn and another victim was targeted though the dating App “Coffee Meets Bagel.”</p>



<p>The experienced federal criminal defense attorneys at <a href="/lawyers/">Conaway & Strickler, PC</a> are here to protect your rights, reputation, and future should you be under investigation. With decades of experience in defending traditional financial fraud paired with a deep understanding of the newer world of cryptocurrency, our firm possesses the skills and expertise to assist those accused of any type of fraud.  Call or <a href="/contact-us/">contact us online for a confidential consultation</a>.</p>
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            <item>
                <title><![CDATA[Tax Evasion]]></title>
                <link>https://www.conawayandstrickler.com/blog/tax-evasion/</link>
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                <dc:creator><![CDATA[Law Office of Conaway & Strickler]]></dc:creator>
                <pubDate>Fri, 06 Jun 2025 13:35:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Crimes]]></category>
                
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                    <category><![CDATA[tax evasion]]></category>
                
                    <category><![CDATA[Tax Fraud]]></category>
                
                
                    <category><![CDATA[#moneylaundering]]></category>
                
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                <description><![CDATA[<p>Tax evasion is a potential criminal charge. Tax avoidance is perfectly acceptable. 26 U.S.C. § 7201 defines what is tax evasion.&nbsp; 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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><a href="https://www.law.cornell.edu/wex/tax_evasion">Tax evasion</a> is a potential criminal charge. <a href="https://apps.irs.gov/app/understandingTaxes/whys/thm01/les03/media/ws_ans_thm01_les03.pdf">Tax avoidance</a> is perfectly acceptable.</p>



<p>26 U.S.C. § 7201 defines what is <a href="https://www.justice.gov/tax/file/1293361/dl">tax evasion</a>.&nbsp; 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.</p>



<p>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.&nbsp;&nbsp;The United States Sentencing Commission (USSC) recently released its <a href="https://www.ussc.gov/research/quick-facts/tax-fraud">Tax Fraud Report</a> 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).&nbsp; It is unclear if this downward trend will continue.</p>



<p>Recently, <a href="https://www.justice.gov/usao-nj/pr/new-jersey-man-pleads-guilty-tax-evasion">a man in New Jersey plead guilty to tax evasion</a>. 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.</p>



<p>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.</p>



<p>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.”</p>



<p>In another case, <a href="https://www.justice.gov/opa/pr/florida-businessman-sentenced-prison-tax-evasion">a Florida businessman was sentenced to prison for tax evasion</a>.&nbsp; According to the&nbsp; 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.</p>



<p>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.</p>



<p>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.”</p>



<p>Recently, <a href="/lawyers/meg-strickler/">Meg Strickler</a> was able to ensure that no tax evasion charges were filed against her client.  <a href="/contact-us/">Contact us</a> if you think you might be facing tax evasion or tax fraud charges.  We are here to help.</p>
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                <title><![CDATA[Recent Computer Hacking Cases in the News]]></title>
                <link>https://www.conawayandstrickler.com/blog/recent-computer-hacking-cases-in-the-news/</link>
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                <dc:creator><![CDATA[Law Office of Conaway & Strickler]]></dc:creator>
                <pubDate>Sun, 24 Nov 2024 19:06:00 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
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                <description><![CDATA[<p>Recently, Robert Purbeck of Idaho, also known as “Lifelock,” and “Studmaster,”  was sentenced to ten years after pleading guilty to federal charges of computer fraud and abuse.  He hacked into the computer servers of the City of Newnan, Georgia  and a Griffin, Georgia medical clinic, and then targeted at least 17 other victims across the&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Recently, Robert Purbeck of Idaho, also known as “Lifelock,” and “Studmaster,”  was sentenced to ten years after pleading guilty to federal charges of computer fraud and abuse.  He <a href="https://www.11alive.com/article/news/local/city-of-newnan-experiences-data-breach/85-a76aa042-9758-4403-aad9-beba3976f401" target="_blank" rel="noreferrer noopener">hacked</a> into the computer servers of the City of Newnan, Georgia  and a Griffin, Georgia medical clinic, and then targeted at least 17 other victims across the United States – in the process stealing personal information of more than 132,000 individuals.  He also attempted to extort a Florida orthodontist for payment in Bitcoin, threatening to disclose stolen patient records and other personal information.</p>



<p>“Cyber extortion is unfortunately a rapidly growing threat and highlights the ever-growing need for corporations to remain vigilant in cybersecurity efforts,” <a href="https://www.justice.gov/usao-ndga/pr/idaho-man-sentenced-computer-hacking-and-extortion-scheme" target="_blank" rel="noreferrer noopener">said Sean Burke, Acting Special Agent in Charge of FBI Atlanta</a>. “This sentencing is just one example of the FBI working together to hold criminals that hide behind their computers accountable, regardless of their location.”</p>



<p>According to information presented in court, in June 2017, Purbeck purchased access to the computer server of a Griffin medical clinic on a darknet marketplace. He then used the stolen credentials to illegally access the computers of the medical clinic and removed records that contained the sensitive personal information of more than 43,000 individuals, including names, addresses, birth dates, and social security numbers.</p>



<p>In February 2018, Purbeck purchased access to a City of Newnan Police Department server on a darknet marketplace. Purbeck used the stolen credentials to hack into the City of Newnan’s computer systems and stole police reports and other documents, including personal information of more than 14,000 individuals.</p>



<p>Purbeck also attempted to extort a Florida orthodontist in July 2018, demanding a ransom payment in Bitcoin in return for his stolen patient files, threatening to sell the patient and personal information unless the orthodontist paid the ransom. Additionally, Purbeck threatened to sell the personal information of the orthodontist’s minor child. Purbeck harassed the orthodontist and his patients for 10 days with numerous threatening emails and text messages.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p>Song Wu, Chinese national, was indicted in September 2024, on charges for wire fraud and aggravated identity theft arising from his efforts to fraudulently obtain computer software and source code created by the National Aeronautics and Space Administration (“NASA”), research universities, and private companies.</p>



<p>“Efforts to obtain our nation’s valuable research software pose a grave threat to our national security,” <a href="https://www.justice.gov/usao-ndga/pr/chinese-national-charged-multi-year-spear-phishing-campaign" target="_blank" rel="noreferrer noopener">said U.S. Attorney Ryan K. Buchanan</a>. “However, this indictment demonstrates that borders are not barriers to prosecuting bad actors who threaten our national security.” According to information presented in court, Song allegedly engaged in a multi-year “spear phishing” email campaign in which he created email accounts to impersonate U.S.-based researchers and engineers and then used those imposter accounts to obtain specialized restricted or proprietary software used for aerospace engineering and computational fluid dynamics. This specialized software could be used for industrial and military applications, such as development of advanced tactical missiles and aerodynamic design and assessment of weapons. In executing the scheme, Song allegedly sent spear phishing emails to individuals employed in positions with the United States government, including NASA, the U.S. Air Force, Navy, and Army, and the Federal Aviation Administration.  Song also sent spear phishing emails to individuals employed in positions with major research universities in Georgia, Michigan, Massachusetts, Pennsylvania, Indiana, and Ohio, and with private sector companies that work in the aerospace field. Song’s spear phishing emails appeared to the targeted victims as having been sent by a colleague, associate, friend, or other person in the research or engineering community. His emails requested that the targeted victim send or make available source code or software to which Song believed the targeted victim had access. According to the indictment, while conducting this spear phishing campaign, Song was employed as an engineer at Aviation Industry Corporation of China (“AVIC”), a Chinese state-owned aerospace and defense conglomerate headquartered in Beijing, China.  AVIC manufactures civilian and military aircrafts and is one of the largest defense contractors in the world.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p>Ilya Lichtenstein, 35, of New York City, was sentenced recently to 60 months in federal prison for his involvement in a money laundering conspiracy arising from the hack and theft of approximately 120,000 bitcoin from Bitfinex, a global cryptocurrency exchange. According to information presented in court, Lichtenstein hacked into Bitfinex’s network in 2016, using advanced hacking tools and techniques. Once inside the network, Lichtenstein fraudulently authorized more than 2,000 transactions transferring 119,754 bitcoin from Bitfinex to a cryptocurrency wallet in Lichtenstein’s control. Lichtenstein then took steps to cover his tracks by deleting from Bitfinex’s network access credentials and other log files that could have revealed his conduct to law enforcement. Following the hack, Lichtenstein enlisted the help of his wife, Heather Morgan, in laundering the stolen funds. Lichtenstein, at times with Morgan’s assistance, employed numerous sophisticated laundering techniques, including using fictitious identities to set up online accounts; utilizing computer programs to automate transactions; depositing the stolen funds into accounts at a variety of darknet markets and cryptocurrency exchanges and then withdrawing the funds; converting bitcoin to other forms of cryptocurrency in a practice known as “chain hopping;” depositing a portion of the criminal proceeds into cryptocurrency mixing services; using U.S.-based business accounts to legitimize Lichtenstein’s and Morgan’s banking activity; and exchanging a portion of the stolen funds into gold coins. Additional information on this case is available on the United States Department of Justice’s website for large cases <a href="https://www.justice.gov/usao-dc/2016-bitfinex-hack">here</a>. &nbsp;</p>
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                <title><![CDATA[The Intersection of Crime and Non-Fungible Tokens (NFTs)]]></title>
                <link>https://www.conawayandstrickler.com/blog/the-intersection-of-crime-and-non-fungible-tokens-nfts/</link>
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                <dc:creator><![CDATA[Conaway & Strickler, P.C.]]></dc:creator>
                <pubDate>Tue, 14 Nov 2023 16:23:31 GMT</pubDate>
                
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                <description><![CDATA[<p>An NFT, or Non-Fungible Token, is a digital asset representing ownership or proof of authenticity of a unique item or piece of content using blockchain technology. Unlike cryptocurrencies such as Bitcoin or Ethereum, which are fungible and can be exchanged on a one-to-one basis, NFTs are non-interchangeable and one-of-a-kind. As long as you’re following copyright&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>An NFT, or Non-Fungible Token, is a digital asset representing ownership or proof of authenticity of a unique item or piece of content using blockchain technology. Unlike cryptocurrencies such as Bitcoin or Ethereum, which are fungible and can be exchanged on a one-to-one basis, NFTs are non-interchangeable and one-of-a-kind. As long as you’re following copyright laws and selling legitimate assets, creating, selling, and reselling NFTs is legal. However, due to the decentralized and anonymous nature of the crypto world, NFTs come with a host of legal issues. Like with most digital innovations, regulatory legislation has been slow to catch up and establish clear guidelines; still, wrongful use of NFTs can implicate an array of criminal charges.</p>


<p><strong>Money Laundering</strong> 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.</p>


<p><strong>Fraud</strong> 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:</p>


<ol class="wp-block-list">
<li><strong>Fake or Stolen NFTs</strong>: 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.</li>
<li><strong>False Representation</strong>: 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.</li>
<li><strong>Pump-and-Dump Schemes</strong>: 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.</li>
<li><strong>Phishing and Scams:</strong> 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.</li>
<li><strong>Rug-Pull Scheme:</strong> 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.</li>
</ol>


<p>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 <a href="https://www.justice.gov/usao-sdny/pr/two-defendants-charged-non-fungible-token-nft-fraud-and-money-laundering-scheme-0" rel="noopener noreferrer" target="_blank">$1 million NFT money laundering and fraud scheme</a> in January 2022. In another NFT rug-pull, Aurelien Michel was charged for diverting <a href="https://www.justice.gov/usao-edny/pr/non-fungible-token-nft-developer-charged-multi-million-dollar-international-fraud" rel="noopener noreferrer" target="_blank">$2.9 million dollars in an international fraud scheme</a>.</p>


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                <title><![CDATA[Basics of Tax Evasion]]></title>
                <link>https://www.conawayandstrickler.com/blog/basics-of-tax-evasion/</link>
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                <dc:creator><![CDATA[Conaway & Strickler, P.C.]]></dc:creator>
                <pubDate>Fri, 03 Mar 2023 06:51:08 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
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                <description><![CDATA[<p>By Maya Fouad Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny person who willfully attempts in any manner to evade or defeat any tax imposed by this title&hellip;</p>
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<p>By Maya Fouad</p>


<p>Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny 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. . .” The penalties for tax evasion can include significant monetary fines, imprisonment, or both.</p>


<p>To establish a case of tax evasion, the Government must prove three elements beyond a reasonable doubt:</p>


<p>1. The Defendant attempted to evade or defeat a tax or payment of a tax;</p>


<p>2. An additional tax was due and owing; and</p>


<p>3. The Defendant acted willfully.</p>


<p>The Government is generally required to prove that the taxpayer owed substantially more tax than was reported; however, the Government does not necessarily need to prove the exact amount of tax evaded. In most tax evasion cases, this comes in the form of understatements or omissions of income, claims of fictitious or improper deductions, false allocations of income, or improper claims of credit or exemption.</p>


<p>The Government can offer direct or circumstantial evidence to prove the required elements. This may include evidence of specific transactions affecting taxable income which were inaccurately reported, unexplained increases in the taxpayer’s net worth or expenditures not reflected in the taxpayer’s net worth, or evidence of taxable receipts in a taxpayer’s bank deposits.</p>


<p>Finally, the language of the statute gives the crime of tax evasion a broad scope. Specifically, the crime of tax evasion applies to “[a]ny person” – not just individual taxpayers. Tax evasion under 26 U.S.C. 7201 can also be used to prosecute an individual taxpayer’s tax preparer, accountant, or bookkeeper, a corporate officer attempting to evade their corporation’s tax, or the administrator of an estate attempting to evade the estate’s tax. Further, the statute applies to “any tax” and tax evasion in “any manner” (emphasis added).</p>


<p>Recent tax evasion cases include the federal criminal jury trial of reality TV stars <a href="https://www.justice.gov/usao-ndga/pr/reality-tv-stars-convicted-fraud-and-tax-evasion" rel="noopener noreferrer" target="_blank">Todd and Julie Chrisley</a>.  They were convicted of tax evasion and other charges.  The DOJ alleged the Chrisleys knew the law was clear on taxable income and were required to file and pay taxes.   The IRS CID agent on the case was quoted as saying, “These convictions should send a clear message regardless of your fame or notoriety, everyone will be held accountable for paying their fair share of taxes.”  As a result of their case, they unfortunately are now in <a href="https://nbcpalmsprings.com/2023/01/17/todd-and-julie-chrisley-report-to-federal-prisons-to-begin-sentences/" rel="noopener noreferrer" target="_blank">prison</a>.</p>


<p>For more information on criminal tax charges, please <a href="/contact-us/">contact us</a>.  We are more than happy to discuss your situation.</p>


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                <title><![CDATA[Search Warrants – What are they/How are they gotten/What occurs?  Answers in light of Trump Mar-a-Lago FBI search]]></title>
                <link>https://www.conawayandstrickler.com/blog/search-warrants-what-are-they-how-are-they-gotten-what-occurs-answers-in-light-of-trump-mar-a-lago-fbi-search/</link>
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                <dc:creator><![CDATA[Conaway & Strickler, P.C.]]></dc:creator>
                <pubDate>Wed, 10 Aug 2022 21:11:09 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
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                <description><![CDATA[<p>The Fourth Amendment of the U.S. Constitution protects against unlawful searches and seizures by the government. When the government wants to obtain a search warrant, an affidavit must be drafted and application must be made to a U.S. Magistrate judge (in federal matters). The affidavit can be more than a hundred pages at the minimum&hellip;</p>
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<p>
The <a href="https://constitution.congress.gov/constitution/amendment-4/" rel="noopener noreferrer" target="_blank">Fourth Amendment of the U.S. Constitution</a> protects against unlawful searches and seizures by the government.  When the government wants to obtain a search warrant, an affidavit must be drafted and application must be made to a U.S. Magistrate judge (in federal matters).  The affidavit can be more than a hundred pages at the minimum in complex cases.  The affidavit will begin with an introduction and the background of the agent (his/her experience).  In this section, statements beginning with “Based on my training and experience” are plentiful.  The next section generally addresses <a href="https://www.law.cornell.edu/wex/probable_cause" rel="noopener noreferrer" target="_blank">probable cause</a> and sets forth facts that show probable cause has been established to support the issuance of a search warrant and that items listed have a reasonable probability of being found during the search.  Finally, it will detail what needs to be searched and what items the government is seeking.  Law enforcement often request search warrants when seeking documents, electronic devices, money, drugs, paraphernalia, ledgers, photos, receipts etc.  A warrant can be requested for real property, a person, electronically stored information from your phone, iPad, computer, external hard drives, a tracking device on a car, the car itself, and/or other modes of transportation such as a boat.
</p>


<p>Once the search warrant is signed by the judge, the search warrant will be executed.  Generally, the government will work to execute the warrant with local law enforcement officials. The search can take hours, and often times, questioning will occur at the same time.  NEVER SPEAK TO LAW ENFORCEMENT at this juncture without a lawyer.  This interview at your home or office is often recorded by body cam, audio, and other video devices.  It can be difficult to get those statements excluded at trial for a variety of reasons.</p>


<p>
After the execution of the search warrant, a copy of the search warrant inventory will be left, and it will list out exactly what was seized.  In the case of the execution of the search warrant for Donald Trump, there is a search warrant, sworn affidavit, and application filed, but it is under seal.  Mr. Trump also received a search warrant inventory. Hopefully, these documents will be released to the public sooner than later.</p>


<p>For more information on search warrants, see <a href="https://www.federalrulesofcriminalprocedure.org/title-viii/rule-41-search-and-seizure/" rel="noopener noreferrer" target="_blank">here</a>,</p>


<p>For more blogs on this topic, see <a href="/blog/categories/federal-crimes/">here</a>.</p>


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                <title><![CDATA[Covid-19 Fraud Enforcement Task Force established]]></title>
                <link>https://www.conawayandstrickler.com/blog/covid-19-fraud-enforcement-task-force-established/</link>
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                <dc:creator><![CDATA[Conaway & Strickler, P.C.]]></dc:creator>
                <pubDate>Wed, 26 May 2021 17:02:25 GMT</pubDate>
                
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                <description><![CDATA[<p>The Department of Justice just announced that U.S. Attorney General Merrick B. Garland created COVID-19 Fraud Enforcement Task Force to enhance enforcement efforts against COVID-19 related fraud. Cases have included: Offers to purchase COVID-19 vaccination cards Requiring payment for testing or vaccines. PPP loan fraud EIDL (Economic Injury Disaster Loans) fraud Unemployment fraud – weekly&hellip;</p>
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<p>The Department of Justice just announced that U.S. Attorney General Merrick B. Garland created COVID-19 Fraud Enforcement Task Force to enhance enforcement efforts against COVID-19 related fraud.</p>


<p>Cases have included:</p>


<ul class="wp-block-list">
<li>Offers to purchase COVID-19 vaccination cards</li>
<li>Requiring payment for testing or vaccines.</li>
<li>PPP loan fraud</li>
<li>EIDL (Economic Injury Disaster Loans) fraud</li>
<li>Unemployment fraud – weekly federal unemployment benefits worth $600 a week.   The Justice Department has charged more than 140 people so far for fraud related to the program.</li>
<li>Identity Fraud –  used stolen identities to try to file for benefits illegally</li>
<li>Purchase and resale of Personal Protective Equipment (PPE) to hospitals and retailers at a significant profit</li>
</ul>


<p>
“The Department of Justice will use every available federal tool—including criminal, civil, and administrative actions—to combat and prevent COVID-19 related fraud. We look forward to working with our federal government colleagues to bring to justice those who seek to profit unlawfully from the pandemic,” wrote Attorney General Garland in a memo announcing the Task Force.</p>


<p>Conaway & Strickler, PC has handled each type of case delineated above.  It is crucial to reach out to us early on in one of these type of investigations.  With a task force created, the DOJ and related ent</p>


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                <title><![CDATA[IRS Increased Focus on Cryptocurrency in Operation Hidden Treasure]]></title>
                <link>https://www.conawayandstrickler.com/blog/irs-increased-focus-on-cryptocurrency-in-operation-hidden-treasure/</link>
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                <pubDate>Sat, 01 May 2021 13:41:12 GMT</pubDate>
                
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                <description><![CDATA[<p>The IRS has just announced that Operation Hidden Treasure will seek to find taxpayers with unreported income from currency transactions. Did you notice the new question on page 1 of the Tax Form 1040? It states, “At any time during 2020 did you receive any financial interest in virtual currency?” Last year this question was&hellip;</p>
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<p>The IRS has just announced that Operation Hidden Treasure will seek to find taxpayers with unreported income from currency transactions.  Did you notice the new question on page 1 of the Tax Form 1040?  It states, “At any time during 2020 did you receive any financial interest in virtual currency?”  Last year this question was only on Schedule 1.</p>


<p>The IRS Criminal Investigation Division (“CID”) will look for typical “flags” in money transactions.  That may include “structuring” (transactions in increments of less than $10,000 to avoid reporting requirements), “the use of nominees, shell corps” (entities used solely for moving money around) or “getting on and off the chain.” (On chain transactions – blockchain is modified to reflect the transaction on a public ledger. Off chain transactions are those that that go off the blockchain.  They work by swapping private keys to an existing wallet instead of transferring funds.)</p>


<p>The IRS identifies and investigates these tax evasion flags.  Operation Hidden Treasure is “all about finding, tracing, and attributing crypto to U.S. Taxpayers.” Do not be fooled into thinking that since it’s cryptocurrency the government does not have the know how to investigate.   Charges for tax evasion, false information on a tax return or even money laundering or structuring can be forthcoming.  Call Conaway & Strickler, PC if you have had a friendly visit from an IRS CID Agent or if you think you might be facing some issues with the IRS.  Carolyn Schenck, national fraud counsel in the IRS Office of Chief Counsel states, “Operation Hidden Treasure is designed to find, trace and attribute such transactions to taxpayers. These transactions are not anonymous.  We see you.”</p>


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