In federal criminal cases charging a defendant with fraud relating to the operation of a business, a common defense is asserted that the defendant relied upon the advice of a professional or other advisor, such as an accountant, and had the right to assume his/her conduct was legal. In a…
As the Internet becomes more popular and more accessible through portable and handheld devices, more people are sending sexually explicit pictures in violation of state and federal laws. These pictures are also being sent as attachments to text messages to and from cell phones. What one person thinks is a…
For a long time in federal criminal court, sentences for crimes involving crack cocaine were much harsher than sentences for crimes involving powder cocaine. In fact, all other things being equal, a person with 100 grams of powder cocaine may likely receive the same sentence as a person with 1…
Several Employees of United Directories, a company located in Jacksonville Beach, Florida, were indicted in federal court for allegedly defrauding businesses out of more than $400 million by allegedly sending fraudulent bills for Yellow Pages advertisements. Federal law enforcement officials said United Directories and its employees sent the false Yellow…
U.S. Attorney General Eric Holder recently issued a memorandum regarding the U.S. Attorney’s Office charging of federal crimes and sentencing. The new memo basically supersedes the previous policy of former U.S. Attorney General John Ashcroft. Aschcroft’s policies on charging and sentencing sought more uniformity and less discretion. Holder’s policy appears…
The U.S. Senate recently passed a bill that would make sentences for crack cocaine crimes more in line with sentences for similar powder cocaine crimes in federal courts. As it stands now, defendants can be sentenced much more harshly for crack cocaine crimes as opposed to equivalent powder cocaine crimes.…
Based on the tone and substance of a recent speech and press release from Eric Holder, the federal government plans to step up investigations and prosecutions of medical professionals for health care fraud. Mr. Holder made it clear that the government considers health care fraud one of the country’s “most…
A Jacksonville Beach, Florida man was recently indicted on three counts of possessing child pornography, one count of transporting child pornography and one count of receiving child pornography in federal court, according to an article on Firstcoastnews.com. The charges together carry a maximum potential sentence of 100 years in federal…
Federal law enforcement officials arrested 26 doctors, nurses and other health care providers in Miami, New York and Detroit for Medicare fraud according to a recent article. We are also aware of similar arrests made recently in the Jacksonville, Florida area. According to the article, the alleged Medicare fraud was…
The government has established a new task force called the Financial Fraud Enforcement Task Force which is designed to investigate and prosecute major financial crimes, according to a Department of Justice press release. The agencies that are part of the new task force will focus primarily on the areas of…