bajoka-law

United States Supreme Court Sides with Physicians in Landmark Pill Mill Case

Tue, 05 Jul 2022 16:42:11 GMT

Landmark Pill Mill Case Results

ORIGINAL CASE DETAILS

Petitioners Xiulu Ruan and Shakeel Kahn are physicians who each have a license to prescribe controlled substances. They were each criminally charged and tried by a jury for violating a federal law that makes it a crime to distribute controlled substances without authorization. 21 USC § 841 is a federal regulation that allows registered doctors to dispense controlled substances by writing a prescription, but only if the prescription is written for a legitimate medical purpose and is issued by an individual doctor who is practicing in the usual course of their professional career. The issue in Ruan’s and Kahn’s trials was what mental state is required to be convicted under the law for distributing controlled substances not “as authorized.” Ruan and Kahn argued that the jury instructions were wrong about what the intent requirement is when prescribing drugs illegally. They were both found guilty under the federal law and have appealed their convictions based on an argument regarding what type of intent was necessary for a conviction.

The question before the court is for a prosecutor to show that a doctor dispensed drugs illegally, does the government just need to show that the prescription was not authorized, or does the government need to prove that the doctor knew or intended that the prescription was unauthorized for an illegal purpose? If you are facing a similar criminal allegation, then it is critical that you speak to an experienced federal healthcare fraud attorney right away.

HOW DID THESE CASES GET TO THE UNITED STATES SUPREME COURT?

Both Ruan and Kahn were convicted at trial and their convictions were separately heard and affirmed by the United States Federal Court of Appeals for the Tenth and Eleventh Circuits respectively. Ruan, in his case, asked the court to require the government to prove that he subjectively knew that his prescriptions were not allowed and outside his prescribing authority. The District Court rejected this request and instead gave an instruction that said a doctor is allowed to prescribe "in good faith as part of his medical treatment of a patient in accordance with the standard of medical practice generally recognized and accepted in the United States." The Court also stated that a physician violates the law when the physician’s actions “were either not for a legitimate medical purpose or were outside the usual court of professional medical practice.” Ruan was convicted, sentenced to 20 years in federal prison, and ordered to pay millions of dollars by the court.

In Kahn’s case, his conviction led to a 25-year federal prison sentence and a holding from the Tenth Circuit Court of Appeals that for the government to convict a doctor under 21 USC § 841, they must prove either: a) the physician knew that a prescription was issued not for a legitimate medical purpose or b) the physician issued a prescription that was objectively not in the usual course of professional practice. Both defendants filed petitions to the United States Supreme Court for certiorari and the court combined the cases and agreed to hear and decide the issue .

WHAT DOES THIS NEW RULING MEAN?

The US Supreme Court found that the "knowingly or intentionally" mental state applies to authorization. At trial, once a defendant shows evidence that he or she was authorized to dispense controlled substances, the Government must prove that the defendant knew he or she was acting in an unauthorized way or intended to do so to properly secure a conviction under 21 USC § 841. This ruling is now the law of the land and affects all similar cases.

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for illegally prescribing controlled substances, have already been charged, or have already been convicted then this can affect you directly. The decision in this case could have a significant effect on your situation. If you need legal help, then be sure to speak to an experienced attorney right away.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal healthcare fraud cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

The Federal Law for Felon in Possession of a Firearm

Wed, 29 Jun 2022 18:20:23 GMT

Understanding the Charge of Possession of a Firearm as a Felon

WHAT IS A FELON IN POSSESSION OF A FIREARM?

One of our bedrock rights in the Constitution is our right to bear arms, found in the Second Amendment. This right, however, can be taken away from an individual for a variety of reasons. If an individual has been deemed by a court to have a mental deficiency or is an unlawful user or an addict to a controlled substance, then that individual’s Second Amendment rights to own or even be in possession of a gun are taken away. If an individual is convicted of a felony or a domestic violence offense, then it is also illegal for that individual to own or possess a firearm. A felony is any criminal offense that carries with it the potential of being imprisoned for longer than one year. Most domestic violence charges are misdemeanors, so it is important to understand that a misdemeanor conviction can also take your Second Amendment rights away. If an individual is precluded from owning or possessing a firearm for any of the reasons stated in 18 USC § 922g , then that person is subject to a federal felony charge for felon in possession of a firearm. If you are facing an investigation or a federal criminal charge for felon in possession of a firearm, then it is critical that you speak to an experienced criminal defense attorney .

WHAT ARE THE POTENTIAL PENALTIES FOR A FEDERAL FELON IN POSSESSION OF A FIREARM CONVICTION?

The standard maximum possible penalty for a federal felon in possession of a firearm offense is 10 years in federal prison and a fine imposed by the court as stated in 18 USC 924 . There are several factors that can increase the potential penalties, which can include the type of weapon in the possession of a felon, or if there are other criminal charges attached. The enhancement factors for felon in possession of firearm charges can include drug trafficking, human trafficking, and violence offenses. If the alleged felon in possession offense also involved a murder, then the individual charged can face the death penalty or up to a life sentence in federal prison. It does not matter whether an individual has a state or federal conviction for a federal charge of felon in possession of a firearm to be authorized by a federal prosecutor.

WHAT ARE SOME POTENTIAL DEFENSES?

There are several potential defenses that can be used to combat a federal felon in possession of a firearm charge. These defenses can be used to win an outright dismissal or obtain a not guilty verdict at trial, depending on the facts and circumstances. Common defenses to felon in possession of a firearm include:

The individual accused is not a felon
The individual was falsely accused of having the firearm in his or her possession
The alleged firearm does not meet the definition of a firearm for the criminal charge to stand
Law enforcement or other state investigators illegally obtained the firearm due to a Constitutional violation such as a violation of the Fourth Amendment right against unreasonable search and seizure.

These are not all of the potential defenses that may be available to you when facing a federal criminal charge for felon in possession of a firearm. Defenses are based on the facts and circumstances of each individual case. So, it is important to have your case professionally evaluated by an experienced federal criminal defense attorney to know what the best possible defenses for your case are.

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for an alleged felon in possession of a firearm, or have already been charged, then this can affect you directly. Investigation and enforcement related to gun crimes are a high priority for federal prosecutors across the country. If you need legal help, then be sure to speak to an experienced attorney right away.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal gun cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

How RICO is Used in Gang Conspiracy Cases

Wed, 29 Jun 2022 17:06:12 GMT

RICO and Gang Conspiracy Cases

WHAT IS RICO?

The "Racketeering Influenced and Corrupt Organizations" Act, or RICO, was a landmark piece of legislation passed by United States Congress in 1970. The initial goal of RICO was to financially cripple the Mafia. However, its use has expanded in recent years to target many other organizations. The RICO Act makes it possible to prosecute people who are involved in organized crime. This includes the punishment for people convicted of racketeering. In order for someone to be charged with racketeering under the RICO act, they must break two RICO laws within 10 years that are somehow related. For example, rape and murder are both crimes that can lead to someone being charged with racketeering, but only if it can be proven that they were done as part of organized crime activity. Because charges under RICO rely on proving a pattern of behavior instead of specific crimes, they are usually easier for prosecutors to prove in court. Most states also have RICO laws on the books to pursue state criminal charges in addition to potential federal criminal charges. If you are facing federal RICO charges, then it is critical to speak to an experienced federal criminal defense attorney .

WHAT ARE THE CONSEQUENCES OF RICO CHARGES?

If someone is charged with racketeering under RICO, their assets can be frozen. This is meant to stop an accused from hiding their profits while the case is being processed. If an individual is found guilty, then he or she can go to prison for up to 20 years on each count of racketeering and they will have to forfeit all of their assets that are related to racketeering. In addition, the individual may also have to pay financial damages. RICO is designed to bankrupt organized criminals by making sure that legitimate businesses cannot be used as a shelter to launder illegally earned money. Civil claims can also be brought under RICO. This means that people who feel that they have been harmed due to racketeering can file money lawsuits against the person or people responsible. RICO charges can lead to significant financial penalties and severe constraints on an individual’s freedom, it is important to have the best possible legal help if you are in trouble with the law.

HOW CAN RICO APPLY TO GANG CONSPIRACY CASES?

Conspiracy cases are a favorite of federal prosecutors because of their ability to take down multiple people at once, all while not even having to prove that any of the alleged crimes of the conspiracy were actually committed. This comes especially handy when federal investigators target alleged gangs and gang activity. A recent public example of this involves the rappers Young Thug and Gunna, who were recently charged with racketeering under the Georgia RICO Act . It is alleged that Young Thug co-founded a violent street gang in Atlanta known as Young Slime Life. This gang is also known as YSL and is affiliated with the Bloods gang. It is alleged that Young Thug and others committed 181 different illegal acts under RICO dating back to 2013, including murder, drug, and weapons charges. The prosecutor has even gone so far as to include the lyrics used in rap songs as proposed evidence of these alleged crimes. Convictions for these crimes can result in as much as life in prison. Any acts that are considered to be in furtherance of YSL and its interests can be included in the RICO indictment. Instead of filing separate charges against separate individual’s, prosecutors here have decided to file a composite case with all alleged members and their activities in an effort to take down the entirety of the alleged gang and its purported leaders.

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for alleged involvement in a gang, or have already been charged, then this can affect you directly. Investigation and enforcement related to conspiracy cases are a high priority for federal prosecutors across the country. If you need legal help, then be sure to speak to an experienced attorney right away.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that RICO cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

Violations of the Anti-Kickback Statute in Healthcare Fraud Cases

Wed, 29 Jun 2022 10:35:29 GMT

Healthcare Anti-Kickback Violations

WHAT IS THE ANTI-KICKBACK STATUTE?

The federal Anti-Kickback Statute (AKS) (See 42 U.S.C. § 1320a-7b .) is a criminal law that prohibits people from exchanging things of value, in order to get referrals of business that will be paid for by federal health care programs. Major federal healthcare programs include Medicare, Medicaid, and the Veteran’s Health Administration. Anti-kickback includes receiving financial incentives for referrals, free or excessively cheap rent for office space, or excessive compensation for medical directorships. Another example of a kickback includes waiving copayments. According to the Center for Medicare and Medicaid Services, illegal kickbacks have resulted in higher medical costs, overutilization of medical services, and corruption of medical decision-making. Anti-kickback laws are intended to protect the public from medical decisions that are made based on money instead of health reasons. If you are facing an alleged violation of anti-kickback laws, then it is important to speak to an experienced hea lthcare fraud attorney as soon as possible.

WHAT ARE THE CONSEQUENCES OF ANTI-KICKBACK VIOLATIONS?

If you are alleged to have violated federal anti-kickback laws, then you face the potential of both a criminal and civil claim. If you are criminally charged, then you face the potential of up to five years in federal prison, along with fines of up to $50,000 per offense. Further, a conviction will result in you being excluded from doing any future business with a federal health care program. The Office of Inspector General is required by law under the Exclusion Statute (See 4 2 USC § 1320a -7 ) to exclude anyone convicted of specific health care fraud crimes from doing any future participation in any federal health care programs. Federal anti-kickback laws apply to any referral source, the referral does not have to come from a physician for a criminal charge to be filed. A referral under the anti-kickback law is “any item or service for which payment may be made in whole or in part under a federal health care program.” This means that anyone who is shown to purposely send a medical provider clients with the expectation of payment that involves a federal healthcare program can result in federal anti-kick back criminal charges.

HOW CAN ANTI-KICKBACK APPLY TO HEALTHCARE FRAUD CASES?

If it can be shown that there was a willful payment to someone to induce or reward medical patient referrals involving a federal healthcare program, then anti-kickback charges can be part of a larger federal healthcare fraud case. In other industries, referral fees are permitted and even encouraged. In federal health care, paid referrals are against the law. Other related healthcare fraud activities include billing for services not rendered, administering medically unnecessary treatment, and falsifying diagnoses. Violations of the federal anti-kickback statute can result in a civil claim under the False Claims Act (See 31 USC §§ 3729-3733 ). The False Claims Act is a law that protects the federal government from being falsely billed or sold inferior goods or services. The civil penalty for a False Claims Act violation can be up to three times the value of the loss suffered by the federal government plus $11,000 per claim filed. A violation does not require actual knowledge, and an individual can be convicted for deliberate ignorance or having a total disregard for the truth of relevant information. Another related federal healthcare fraud statute is the Physician Self-Referral law (See 42 USC § 1395nn ). This law, also known as the Stark Law, outlaws physicians from referring patients to medical providers with whom the physician or an immediate family has a financial relationship. This only applies to designated health services that are payable by Medicare or Medicaid. There are exceptions that exist to allow self-referrals.

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for an alleged anti-kickback violation, or have already been charged, then this can affect you directly. Investigation and enforcement related to different variations of healthcare fraud are a high priority for federal prosecutors across the country. If you need legal help, then be sure to speak to an experienced attorney right away.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that anti-kickback cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online he re . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

How New Cryptocurrency Guidelines Can Elicit Money Laundering

Wed, 09 Mar 2022 18:14:32 GMT

Cryptocurrency and Money Laundering

New cryptocurrencies pop up seemingly every day. As the acceptance of an entirely digital form of money grows worldwide, the popularity of cryptocurrency grows with it. Opponents of cryptocurrency point towards its ability to facilitate and hide criminal transactions and other money laundering activities. Proponents of cryptocurrency argue that its privacy structure allows people to use their money without needless governmental oversight. As both sides try to find a middle ground, cryptocurrency and money laundering continue to be connected while the federal government tries to investigate, uncover, and prosecute those using cryptocurrency for illicit purposes. If you are facing money laundering charges, then it is important to speak to an experienced federal money laundering attorney .

CURRENT LEGAL STATUS OF CRYPTOCURRENCY

The legal status of cryptocurrency across the globe varies as you go from country to country. Some countries, like El Salvador, have gone as far as making Bitcoin a national legal tender. Most other countries have not gone this far, and many don’t even recognize cryptocurrency as currency at all. In the United States, it depends on which federal government agency you are dealing with as to how cryptocurrency is viewed. The Securities and Exchange Commission ( SEC ) treats cryptocurrency as a security. The internal Revenue Service ( IRS ) treats cryptocurrency as digital property while the United States Treasury considers cryptocurrency as currency. What is consistent is that all cryptocurrency exchanges are regulated by the Bank Secrecy Act which requires registration with the Financial Crimes Enforcement Network ( FinCEN ) along with other reporting requirements. This inconsistency has led to louder calls for consistent regulation by the federal government, an avenue that is being discussed.

HOW THE FEDERAL GOVERNMENT PLANS TO REGULATE CRYPTOCURRENCY

Federal bank regulators released a joint statement recently, outlining their objectives related to cryptocurrency regulation in 2022. The following topics will be investigated to determine the legality, framework, and consumer protection, they include:

Crypto-asset safekeeping
Ancillary crypto custody services
Customer use of cryptocurrency
Cryptocurrency collateralized loans
Holding crypto assets on a balance sheet

As the crypto market continues to evolve, these main topics will help determine federal cryptocurrency law and policy going forward. The United States government is keenly aware of the potential for cryptocurrency to disrupt the value and power of the United States dollar and will do whatever is necessary to protect its value. This sets the stage for new regulation in the not-too-distant future.

HOW CRYPTOCURRENCY REGULATIONS CHANGES CAN ELICIT MONEY LAUNDERING

One of the most attractive reasons for people to hold cryptocurrency is its ability to be “off the grid.” While this may sound great, it is important to understand what you can and can’t do regarding taxation. Up until now, cryptocurrencies have been viewed as an asset where you will realize a gain or loss after the sale of that asset. This allowed many people to leave off their cryptocurrency “earnings” as long as they did not sell cryptocurrency. Due to the Infrastructure Investment and Jobs Act of 2021 (IIJA), all cryptocurrency transactions must be reported on a Form 1099 starting in 2023. All crypto exchanges will be required to report all digital transactions to users and the IRS yearly going forward. A failure to follow the correct cryptocurrency reporting requirements can lead to accusations of money laundering and other crimes. Ignorance of the law is not a defense, make sure that you understand how this can affect you.

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for alleged illicit transactions or money laundering using cryptocurrency, or have already been charged, then this can affect you directly. Investigation and enforcement related to cryptocurrency are on the rise while cryptocurrency laws continue to evolve. If you need legal help, then be sure to speak to an experienced attorney right away.

Federal Criminal Drug Counterfeiting Explained

Wed, 09 Mar 2022 17:50:12 GMT

Understanding Federal Criminal Drug Counterfeiting

It’s fairly obvious to most people that it is illegal to sell most drugs without the proper permits or at all depending on a drug’s legal status. But what happens when the purported drugs turn out to be fake? Does a seller of a fake drug get to avoid criminal liability because the drugs were something else? The answer to these questions lies within the definition of drug counterfeiting. Drug counterfeiting can result in similar consequences to selling the real thing. If you are facing federal drug counterfeiting charges, then it is important to speak to an experienced federal drug trafficking attorney right away.

WHAT IS DRUG COUNTERFEITING?

Drug counterfeiting is the act of selling or producing a substance that pretends to be a certain controlled substance but actually isn’t. If someone goes to the grocery store and buys portabella mushrooms then later turns around and attempts to sell them as psychedelic mushrooms that contain psilocybin, then he or she can face drug counterfeiting charges. If this act was taken across state lines, then it can become a federal drug counterfeiting charge under 21 USC § 331 . Once the sale of a fake drug crosses state lines it affects interstate commerce. If an illegal transaction affects interstate commerce, then it becomes a criminal issue governed by federal law. 18 USC § 2320 prohibits the trafficking of counterfeit goods or services. While this most often applies to fake consumer goods, such as handbags, it can also apply to counterfeit drugs. An individual can also be charged for federal criminal fraud under 18 USC § 1001 for drug counterfeiting activities.

THE POTENTIAL PENALTIES

It is important to understand that even though the drugs may be fake, the punishments are real and potentially significant. A conviction under 21 USC § 331 can lead to as long as one year in jail, along with a fine of up to $1,000. If you are accused of having an intent to mislead, then you can face up to three years in federal prison and a fine of up to $10,000 for each transaction. Each transaction is its own criminal offense. So, it is common to see individuals charged with several counts of alleged illegal sales. A conviction for criminal fraud under 18 USC § 1001 can result in up to five years in federal prison. Put simply, do not take these charges lightly as they can result in serious consequences.

WHAT ARE THE POSSIBLE DEFENSES?

When real drugs are alleged to be involved in a criminal case, the purported drugs are collected and sent to a lab for testing and confirmation that they are in fact drugs. The simple possession of these drugs is illegal, so the job for a prosecutor is a bit easier when drugs are real. When counterfeit drugs are alleged to be involved, it is the prosecutor’s responsibility to prove how the counterfeit drugs were presented and promoted by the defendant. If a defendant is carrying a bag of dried mushrooms in his pocket, then the prosecutor must show how the defendant alleged that they were psychedelic mushrooms before attempting to sell them. Simply carrying regular mushrooms is not illegal, so the prosecutor has additional responsibilities when alleging the sale of counterfeit drugs. There also could be search issues related to a violation of the Constitution which can lead to the suppression of evidence and case dismissal.

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for selling counterfeit drugs, or have already been charged, then this can affect you directly. Investigation and enforcement related to counterfeit drugs are on the rise. If you need legal help, then be sure to speak to an experienced attorney right away.

Federal Judges Handing Out Harsh Sentences Across the U.S. for Pandemic Fraud Convictions

Wed, 05 Jan 2022 17:34:14 GMT

Pandemic Fraud Convictions Mount Across United States

FEDERAL PANDEMIC RELIEF PROGRAMS

The COVID-19 pandemic led to an economic crisis that was felt strongly by most Americans. In an effort to help keep the economy afloat during the early stages of the pandemic, Congress authorized various forms of financial assistance that went directly to people and businesses across the country. In addition to stimulus payments that many Americans received, Congress authorized money for small businesses to help pay for expenses such as rent, payroll, and other overhead. The main source of financial assistance is found within the CARES Act (Coronavirus Aid, Relief, and Economic Security Act.

Nearly $3 trillion dollars was set aside for individuals and small businesses in the form of forgivable loans through the Small Business Administration (SBA). The Paycheck Protection Program (PPP) within the CARES Act served to cover payroll expenses while other expenses could be covered through the Economic Injury Disaster Loan (EDIL) or the Unemployment Insurance (UI) programs. Unfortunately, many people saw these federal funds as an opportunity to defraud the government into giving out free money for nonexistent businesses and expenses.

Many individuals have faced federal prosecution for defrauding the government through the submission of fake payroll statements, fake business documents, and other forms of dishonest behavior. If you are facing prosecution for allegedly defrauding a federal pandemic relief fund, then it is important to get in touch with an experienced federal criminal defense attorney immediately, as both the Department of Justice (DOJ) and federal judges are in favor of harsh sentences for individuals that are convicted.

EXAMPLES OF HARSH PRISON SENTENCES FOR PANDEMIC FRAUD CONVICTIONS

Federal prosecutors across the country are asking federal judges for harsh prison sentences for defrauding the CARES Act, and many federal judges are imposing them. Two examples of cases that resulted in harsh prison sentences include:

A man from Texas was convicted of several forms of white-collar crime including wire fraud and money laundering for his actions defrauding the CARES Act through the submission of fraudulent PPP loan applications. He admitted to submitting applications to two different lenders for three non-existent businesses. In these applications, he made untrue statements about his employee and payroll expenses and even submitted false tax returns to obtain relief money. He allegedly received $1.6 million through his efforts, which led to a nine-year prison sentence by a federal judge.
A California family of three was convicted of conspiracy to commit bank fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering, several counts of wire fraud, and several counts of bank fraud for their actions in defrauding the PPP and EIDL program. Two of the family members were also convicted of aggravated identity theft. The family allegedly received more than $20 million for their efforts, which led to each member being sentenced to up to 17 years in federal prison by a federal judge.

These are just two examples of many that involve harsh sentencing by federal judges for cases that involve defrauding the CARES Act. There are many other examples just like this with the increased focus and attention that the Department of Justice and Federal Bureau of Investigation (FBI) are putting into investigating and prosecuting these cases. It is expected that these cases will continue to be investigated and prosecuted for the foreseeable future.

FEDERAL FOCUS ON PANDEMIC FRAUD ENFORCEMENT

The FBI and federal prosecutors have directed many resources towards the investigation and prosecution of those who they suspect of defrauding and federal pandemic relief programs. It is important to understand that federal judges are not viewing these cases in the same lens as most typical federal fraud or other white-collar crime cases. Judges are taking an increasingly harsh stance against those who are accused of violating the trust of the U.S. government during the pandemic and defrauding a pandemic financial relief fund. Make sure you have the legal help you need so you don’t face unnecessary prosecution and punishment. If you are being investigated or have already been charged with an offense related to defrauding the CARES Act, then call us at Bajoka Law so we can help!

U.S. Supreme Court to Determine What Constitutes a “Crime of Violence”

Wed, 05 Jan 2022 17:05:48 GMT

Federal Criminal Charges Alleging a “Crime of Violence”

ORIGINAL CASE DETAILS

In 2003, Justin Taylor was a marijuana dealer, and with a co-conspirator, set up a drug deal where they planned to rob Taylor’s customer, another marijuana dealer named Martin Sylvester. During the attempted robbery, Sylvester suffered a fatal gunshot wound when a semiautomatic pistol discharged that was brought by Taylor’s co-conspirator. Taylor and his co-conspirator then fled the scene, never taking any of Sylvester’s money. Taylor was then charged with seven federal felonies that included

Conspiracy to commit a Hobbs Act robbery
Attempted Hobbs Act robbery
Using a firearm in furtherance of a crime of violence

Taylor later pled guilty to conspiracy to commit a Hobbs Act robbery and the use of a firearm in furtherance of a crime of violence. He was sentenced by the court to 240 months for the conspiracy conviction and 120 months consecutively (to run after the 240 months are completed) for using a firearm in furtherance of a crime of violence. Taylor’s total sentence for both charges equaled 360 months. Taylor later appealed on the basis that the case of Johnson v. United States substantially narrowed the definition of what a “violent felony” is under federal law and that a collateral review of his case was necessary. Taylor contended that under Johnson, the crimes of an attempted Hobbs Act robbery and conspiracy to commit a Hobbs Act robbery should no longer be considered crimes of violence and that his convictions should be vacated. His appeal has made its way to the United States Supreme Court. Oral argume nts took place before the court in early December.

THE LAWS THAT ARE AFFECTED BY THIS CASE

This case affects two different federal statutes simultaneously, the Hobbs Act (18 USC § 1951), and 18 USC § 924(c). These statutes are described as follows:

Hobbs Act – This federal statute makes prohibits committing or attempting to commit a robbery that affects interstate commerce in some way. Robbery is defined under the Hobbs Act as an unlawful taking “by means of actual or threatened force.”
18 USC § 924(c) – prohibits the use of a firearm during the commission of a “crime of violence.” Under the “elements clause” of this statute, a crime of violence is defined as any felony that “has an element of the use, attempted use, or threatened use of physical force against a person or property of another.” Under the “residual clause” of this statute, a crime of violence is also any felony that by nature includes a “substantial risk” of physical force. This definition in the residual portion of the statute was str uck dow n by the US Supreme Court in 2019 as unconstitutionally vague, leaving only the elements clause to define what a crime of violence is.

Here, the Court will determine whether an attempted robbery under the Hobbs Act is considered a “crime of violence” under 18 USC § 924(c). There is no dispute whether a completed robbery under the Hobbs Act is considered a crime of violence, as a robbery under the Hobbs Act, in itself, requires the use of actual or threatened force. The Court will determine how narrowly to interpret the definitions of the federal statute.

HOW DOES THIS AFFECT ME?

If you are facing a federal criminal charge where you are alleged to have committed a “crime of violence,” then this can affect you directly. The definition and interpretation of what an attempt is can be argued and defended in several ways. If the Supreme Court sides with Taylor , it means that courts will have to interpret cases more narrowly to determine if they meet the definition of a “crime of violence” under the residual clause of 18 USC § 924(c). If the Court sides with the Government, then cases can be interpreted more broadly to be considered crimes of violence which can lead to harsher punishments handed down by federal judges across the country. If you have specific legal questions about the Hobbs Act or what a crime of violence is, then call us at Bajoka Law today so we can help!

270 Service Deposit Addresses Drive 55% of Cryptocurrency Money Laundering in 2020

Wed, 19 May 2021 17:36:46 GMT

WHAT IS A SERVICE DEPOSIT ADDRESS ON A CRYPTOCURRENCY NETWORK?

A deposit address is found on a cryptocurrency network to link deposits to user wallets. When someone wants to send cryptocurrency from one wallet to another, they do so by depositing the money through a deposit address. The deposit addresses found on cryptocurrency networks are not actually owned by the users but work to link deposits to specific users. Users can have multiple service deposit addresses and can generate new ones through their cryptocurrency network. These addresses can be used to conduct all types of business, as they are simply where crypto money can be deposited. Service providers use deposit addresses so people they are doing business with have a place to deposit their cryptocurrency. If you have legal questions related to cryptocurrency, then it is important to speak to an experienced attorney who can best help you.

HOW IS A SERVICE DEPOSIT ADDRESS USED FOR MONEY LAUNDERING?

Money laundering is a major part of any criminal activity that is financed by cryptocurrency. Those who use cryptocurrency to finance criminal activity do so because of its anonymity and would like to be able to convert the money to cash or other legal, usable funds. To help make this happen, cybercriminals use service providers to help them launder their money. Service providers that help cybercriminals launder money do so by using services like high-risk cryptocurrency exchange portals, online gambling, cryptocurrency mixing services, and financial entities that operate in high-risk areas. Users then transfer their laundered cryptocurrency to cash that can be used for legitimate activities or simply deposited into regular bank accounts since the money is now “clean.”

IMPORTANT 2020 CRYPTOCURRENCY MONEY LAUNDERING STATISTICS

In 2020, 270 service deposit addresses accounted for an estimated 55% of the cryptocurrency laundered, at an estimated value of $1.3 billion. A wider view looking at the top 1,867 service deposit addresses related to cryptocurrency money laundering in 2020 shows that these service deposit addresses accounted for 75% of cryptocurrency laundering in 2020, with an estimated value of $1.7 billion. Many of these deposit addresses are operated by third-party service providers who use “nested services” to help launder money. Nested services operate within larger financial exchanges, using over-the-counter brokers and other services to help cybercriminals launder their money through multiple exchanges. Illicit cryptocurrency funds that are laundered come from crimes such as ransomware, darknet markets, scams, child abuse material, terrorist financing, and stolen funds. The top countries that are estimated to receive illicit funds include the United States, Russia, the United Kingdom, Ukraine, Vietnam, Turkey, South Africa, South Korea, and China. Russia dominates the darknet markets by share through Hydra, the world’s largest online darknet market. Interestingly, Hydra only serves Russia and other Eastern European countries that speak Russian. These are just some of the statistics that stood out from the Chainalysis annual cryptocurrency crime report .

WHY IS THIS IMPORTANT?

Cryptocurrency analysts including Chainalysis believe that this concentration of cryptocurrency money laundering service providers puts those involved at a greater risk for takedown by authorities. Analysts believe there is a greater concentration of users to few service provider addresses in 2020 due to reliance on a small group of money laundering brokers. A few major crypto money laundering takedowns could cripple the industry (at least temporarily) and force those remaining to look towards other means, potentially away from cryptocurrency altogether. If you have legal questions about cryptocurrency-related fraud or have questions about your own case, then give us a call at Bajoka Law so we can help.

Top 10 Countries by Value of Cryptocurrency Used in Darknet Drug Trafficking

Wed, 19 May 2021 16:14:24 GMT

DARKNET DRUG TRAFFICKING AND CRYPTOCURRENCY

Darknet drug trafficking involves the use of a commercial website to sell illegal drugs. These commercial websites exist through darknets using software like Tor. Tor is free software that allows anonymous communication through an overlay network that uses thousands of relays to hide a user’s identity and location. This overlay network is more commonly known as the darknet. The concept of darknet drug trafficking was made famous by the first giant in the industry, Silk Road. Silk Road was the first darknet marketplace to use both Tor and Bitcoin in unison to allow for a completely anonymous transaction. Silk Road serviced over 100,000 customers during its time online before it was shut down by the FBI in 2013. During the shutdown, the FBI seized approximately 144,000 Bitcoins, worth about $28.5 million. Despite the best efforts of law enforcement, Silk Road became the blueprint of how to operate a darknet drug market through the use of Tor, cryptocurrency, and user feedback systems like the one that exists on eBay. If you have specific questions related to a drug trafficking case, then it is important that you speak to an experienced federal drug trafficking attorney right away.

TOP 10 COUNTRIES BY CRYPTOCURRENCY USED FOR DARKNET DRUG TRAFFICKING

Darknet drug trafficking has become a huge worldwide business. In an annual online crypto crime report, blockchain investigations firm Chainalysis details the statistics related to online criminal activity involving cryptocurrency. All of the money exchanged here was in cryptocurrency converted to dollars to better understand the value.

Russia : In 2020, Russia sent $169 million worth of cryptocurrency to darknet drug markets while receiving $119 million due to darknet markets. The total value of $288 million puts Russia at the top of the list for darknet drug markets in 2020. The Hydra marketplace in Russia is Eastern Europe’s largest and is the main reason for Russia’s position on this list.
United States : In 2020, the United States sent $115 million to darknet drug markets while receiving $64 million due to darknet drug markets. The total value of $179 million places the US second on the list for darknet drug markets in 2020. This data supports the idea that darknet users in the United States are much more likely to buy than sell on the darknet.
Ukraine : In 2020, Ukraine sent $47 million to darknet drug markets while receiving $52 million due to darknet drug markets. The total value of $98 million places Ukraine third on the list of darknet drug markets in 2020. Hydra is also a major factor here in Ukraine’s placement on this list.
China : In 2020, China sent $45 million to darknet drug markets while receiving $43 million due to darknet drug markets. The total value of $87 million places China fourth on the list of darknet drug markets in 2020.
United Kingdom: In 2020, the United Kingdom sent $33 million to darknet drug markets while receiving $22 million due to darknet drug markets. The total value of $56 million places the United Kingdom fifth on the list of darknet drug markets in 2020.
Venezuela : In 2020, Venezuela sent $35 million to darknet drug markets while receiving $20 million due to darknet drug markets. The total value of $55 million places Venezuela sixth on the list of darknet drug markets in 2020. Former President Nicolas Maduro has been charged with corruption and drug trafficking, along with other officials.
Vietnam: In 2020, Vietnam sent $24 million to darknet drug markets while receiving $24 million due to darknet drug markets. The total value of $48 million places Vietnam seventh on the list of darknet drug markets in 2020.
Turkey: In 2020, Turkey sent $23 million to darknet drug markets while receiving $22 million due to darknet drug markets. The total value of $45 million places Turkey eighth on the list of darknet drug markets in 2020.
India: In 2020, India sent $24 million to darknet drug markets while receiving $18 million due to darknet drug markets. The total value of $42 million puts India ninth on the list of darknet drug markets in 2020.
Germany: In 2020, Germany sent $23 million to darknet drug markets while receiving $18 million due to darknet drug markets. The total value of $41 million puts them tenth on this year’s list. Germany has the third-highest number of Tor users behind the United States and Russia.

If you have any further legal questions about cryptocurrency-related drug trafficking or are currently facing criminal charges, call us at Bajoka Law so we can help.

Department of Justice Publishes 2020 Health Care Fraud Case Data

Thu, 18 Mar 2021 10:39:21 GMT

ANNUAL REPORT OF THE FRAUD SECTION OF THE DEPARTMENT OF JUSTICE

Each year the Fraud Section of the Department of Justice compiles and publishes case data from the previous year to not only see what they have accomplished from an enforcement perspective, but to also recognize trends and determine where investigative and enforcement support is needed. The Fraud section focuses on white-collar crime enforcement and is made up of three litigating units, they are:

The Foreign Corrupt Practices Act Unit,
The Market Integrity and Major Frauds Unit, and
The Health Care Fraud Unit.

In addition to these units, the Fraud Section has support units that aid the three litigating units. These support units include:

The Strategy, Policy, & Training (SPT) Unit,
The Special Matters Unit (SMU), and
The Administration & Management Unit.

Between all three of these units and their support units, the Department of Justice has 161 prosecutors who investigate and prosecute these various forms of white-collar crime. In 2020, the Fraud Section as a whole charged 326 individuals with various forms of white-collar crime, which resulted in 213 convictions either by guilty plea or trial. The majority of these cases were related to health care fraud as charged by the Health Care Fraud Unit. If you are facing a health care fraud investigation, or have already been charged, then it is important that you speak to an experienced federal health care fraud attorney immediately.

WHAT IS THE HEALTH CARE FRAUD UNIT?

The Health Care Fraud Unit investigates and prosecutes federal health care fraud cases. A prime focus of the Health Care Fraud Unit is how opioids are prescribed, distributed, and diverted. The Health Care Fraud Unit’s main goals are to protect federal health care programs and to detect and deter illegal activity related to opioids. The Health Care Fraud Unit is comprised of 80 prosecutors, nearly half of the 161 prosecutors that exist across all three units of the Fraud Section. The Health Care Fraud Unit operated 15 different “Strike Forces” dealing with both health care fraud and opioid fraud across 24 federal districts. A Strike Force is a cross-agency collaboration between different investigative and law enforcement organizations to target specific illegal activity; in this case, health care fraud. 2020 saw one of the largest ever national health care fraud and prescription opioid takedowns in American history. The Health Care Fraud Unit continues to grow as big health care fraud takedowns continue.

IMPORTANT 2020 HEALTH CARE FRAUD CASE STATISTICS

In the Department of Justice Summary of 2020 Fraud Section annual report , health care fraud is at the forefront of most of the important statistics related to enforcement. Important 2020 health care fraud case statistics include:

167 total individuals charged with health care fraud
62 medical professionals were charged with health care fraud
$3.77 billion in alleged losses due to health care fraud
More than 29 million opioid pills were alleged to have been illegally prescribed
Out of these 167 individuals charged, 144 of them were convicted by plea or trial
10 of these convictions were by a trial

Since 2019, telemedicine health care fraud has also become an important focus for the Department of Justice. The Fraud Section is responsible for charging 73 individuals with telemedicine-related health care fraud, alleging more than $3.7 billion in fraud. These numbers are expected to only continue to grow with the Department of Justice seeing some of its biggest gains in the areas of health care fraud and telemedicine-related health care fraud enforcement. If you have questions related to your specific case, then it is important that you speak to an attorney for specific advice, call us at Bajoka Law so we can help.

DEA Releases Yearly National Drug Threat Assessment

Wed, 17 Mar 2021 16:25:07 GMT

WHAT IS THE NATIONAL DRUG THREAT ASSESSMENT?

The National Drug Threat Assessment (NDTA) is a report that details information related to intelligence and other data specific to drug trafficking. The NDTA aims to help inform the American public and United States policymakers about what drugs are currently the biggest threat to enter the United States through illegal drug trafficking. Specifically, the NDTA assesses drug threats through data relating to drug trafficking and abuse, the diversion and abuse of illegal drugs, and illegal money laundering operations that traffickers are involved in. In March 2021 the Drug Enforcement Administration (DEA) released its NDTA report for the year 2020. The main sections of the NDTA report include reports on:

Illicit opioids & heroin,
Methamphetamine,
Cocaine,
Prescription drugs,
Marijuana, and
New psychoactive substances.

The 2020 NDTA report provides analysis and information for the entire year of 2019 and the first half of 2020. The COVID-19 pandemic brought new challenges to traffickers which resulted in disruptions in supply, and fluctuations in street price. Mexican transnational criminal organizations were listed in the NDTA report as the main threat to drug trafficking in the United States for their alleged involvement in smuggling drugs and weapons across the country. If you have specific questions related to federal drug trafficking, then it is important that you speak to an experienced federal drug trafficking attorney immediately .

IMPORTANT DRUG THREAT ASSESSMENT STATISTICS

Opioids, namely synthetic opioids are widely considered the biggest drug threat to the American public. In the year 2018, almost 70% of all drug overdoses that resulted in death involved an opioid drug. During this period, drug overdose deaths that involved a synthetic opioid, such as fentanyl, rose by 10% according to the Centers for Disease Control and Prevention (CDC). While deaths related to heroin overdoses have fallen slightly, decreasing by 4%, heroin is still a significant health and safety threat to the American public. The NDTA also reports that the DEA Field Divisions across the country indicated that fentanyl availability was high in 17 of 23 DEA Field Divisions.

The NDTA shows that it was fairly easy to get heroin on the streets. Mexican heroin continues to be the dominant form found on the streets, accounting for 92% of heroin analyzed through the Heroin Signature Program (HSP). The HSP is a program operated by the DEA which annually analyzes between 600-900 heroin samples that originate from both seizures and street buys. Testing various characteristics of the heroin, they are able to generate a profile of where the heroin is from. With heroin being such a big problem, the DEA will continue to collect as much information as possible to stop and deter heroin trafficking.

The El Paso Intelligence Center, National Seizure System is a database that compiles information related to drug seizures across the country. The National Seizure System showed a dramatic increase in seizures for methamphetamines in pill form, from 11 seizures in 2018 to 115 seizures in 2019. This appears to be a new form of the drug that will be on the DEA’s radar as well. These are just a few examples of the information contained in this year’s NDTA. To read the NDTA in its entirety, you can find it here .

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for drug trafficking, or have already been charged, then this can affect you directly. Investigation and enforcement related to illicit opioid trafficking are at an all-time high. Precursor drugs to fentanyl have also been recently added to the controlled substances list by the DEA because of the ease of availability and transfer. As synthetic opioids are continually created in the lab, law enforcement and the DEA will continue to focus their resources to fight against the newest national drug threats.

How White-Collar Crime Prosecutions are Expected to Rise in 2021

Wed, 10 Mar 2021 17:53:03 GMT

AN ALL-TIME LOW IN WHITE-COLLAR CRIME PROSECUTIONS UNDER PRESIDENT TRUMP

During Trump’s presidency, we have witnessed all-time lows in the prosecution of white-collar crimes. Intending to be viewed as a business-friendly president, the prosecution of white-collar crimes such as securities fraud and anti-trust violations decreased dramatically under President Trump. When compared to the enforcement of white-collar crimes under President Obama, prosecutions for white-collar crimes during Trump’s presidency dropped by about 30% on average. In 2011, the Obama administration oversaw the prosecution of over 10,000 white-collar cases. In 2020, that number dropped to just over 5,000 cases under President Trump. In the first 20 months of the Trump administration, corporate fines dropped an astonishing 76% when compared to the Obama administration. Corporate penalties also saw a significant decline, dropping from $14.15 billion in penalties during the last 20 months of Obama’s presidency to just $3.4 billion in corporate penalties handed out during Trump’s first 20 months. During Trump’s presidency, he pushed the Department of Justice to target immigrants, political opponents, and activists more so than he did with respect to those suspected of committing white-collar crime. This approach is expected to change under President Biden as he implements his policies going forward. The only real question that remains is how far President Biden will go in his fight against white-collar crime.

WHITE-COLLAR CRIME INDICTMENTS EXPECTED TO RISE UNDER PRESIDENT BIDEN

As President Trump’s policies have turned a blind eye to many types of white-collar crime, President Biden’s administration is expected to make up for it with enforcement and regulation. An expected focus of federal prosecutors will be on crimes such as tax evasion, bribery, and Paycheck Protection Program (PPP) fraud. The PPP gave out more than $525 billion to people across the country through the use of thousands of banks. Cases alleging health care fraud, stock scams, and insider trading expect to also rise under President Biden. The money and resources that were allocated to be used to target immigrants, for instance, will be reallocated towards the investigation and prosecution of white-collar crimes. While some specific white-collar crimes are expected to be more heavily scrutinized than others; it is expected that investigation and enforcement of white-collar crimes will increase significantly across the board, regardless of type. Businesses should be on high alert to make sure that any ethics and compliance programs are being properly and effectively implemented across their companies. Any failures in the implementation of ethics and compliance programs within a business can have disastrous consequences to anyone involved. If your business is operating under an outdated ethics or compliance program or operating under a current one that is not being followed, then you are at risk for prosecution if any issues are uncovered.

HOW DOES THIS AFFECT ME?

With an expected rise in enforcement and prosecution of any type of crime, the appropriate level of extra care must be exercised to ensure that you are not falsely accused. Since white-collar crime indictments are expected to increase in the coming months, businesses should be more careful about their business practices to make sure that they are not doing anything that appears illegal or raises the attention of any federal authorities. It may be beneficial to conduct a company-wide audit to see what issues are brought forward, and how they can be corrected. If you have questions about your current business practices or are being investigated for a white-collar crime, then it is important that you speak to an experienced white-collar crime attorney as soon as possible; call us at Bajoka Law so we can help.

What is the Difference Between Conspiracy and Aiding and Abetting?

Wed, 10 Mar 2021 17:09:03 GMT

CONSPIRACY AND AIDING AND ABETTING AS SEPARATE OFFENSES

The crimes of conspiracy and aiding and abetting can be easily confused as they refer to similar conduct. In both crimes, there are multiple criminal actors involved and they are all working towards achieving some sort of goal that is illegal. Explanations for both types of offenses are outlined here as follows:

Conspiracy: A conspiracy is simply an agreement between two or more people to commit a crime. Once a general agreement is in place between those involved, and some overt act to further the goals of the agreement is made by any party involved, the crime of conspiracy is completed without the need to actually commit the crime itself. All co-conspirators can be held criminally responsible for the crimes committed by others participating in the scheme under the Pinkerton doctrine. Under Pinkerton (a Supreme Court case), everyone that is involved as a co-conspirator can be held responsible for any reasonably foreseeable overt acts committed to further the goals of the conspiracy.

Aiding and abetting: The federal aiding and abetting statute can be found at 18 U.S.C. § 2. Aiding and abetting is when someone helps someone else in the commission of their crime. The crime requires the accused to embrace the other person’s crime and purposely do something to help complete the crime. If the accused is guilty of aiding and abetting, he or she can be punished the same as the principal actor.

The major difference between these charges boils down to a timing issue. If you are accused of being involved in a criminal scheme from its inception, then you are likely facing a conspiracy charge. If you join in and embrace criminal activity of another while helping them attempt to complete the criminal goals while the offense is being committed, then you are likely facing an aiding and abetting charge. If you have specific questions about your case, then it is important that you speak to an experi enced federal conspiracy attorney as soon as possible.

FEDERAL EXCEPTIONS TO AIDING AND ABETTING

There are three main groups of people who may escape liability from involvement in the criminal activity as an aider and abettor, they are:

Victims: a person is considered a victim when they pay extortion, blackmail, or ransom monies. These are people who are generally forced into the criminal activity alleged against their will.
Customers: A person is considered a customer if they are a bettor, john, or drug addict. Someone who is purchasing something out of the illegal scheme such as drugs or illegally betting with a bookie can be considered a customer to avoid liability.
Subordinates: A person is considered a subordinate if they follow orders from someone higher up in the criminal scheme. Under Gebardi (a Supreme Court case), the Court held that a woman who agreed to be transported across state lines for an immoral purpose could not be held criminally responsible for violating the Mann Act. The Mann Act makes it illegal to transport a woman across state lines for an immoral purpose.

If you are facing a charge of aiding and abetting, being classified as a victim, customer, or subordinate can help you potentially avoid criminal liability.

HOW DOES THIS AFFECT ME?

If you are facing a conspiracy charge or are being accused of aiding and abetting a conspiracy, then this can affect you directly. The timing of any alleged discussions or activity can be essential towards building a proper defense. Withdrawal can be a defense to a conspiracy charge if certain factors are satisfied. Are you a victim, customer, or subordinate of a criminal scheme? The answer to this question can also formulate a defense to criminal charges. If you have specific questions about a conspiracy charge, then call us at Bajoka Law today so we can help.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal cases alleging conspiracy or aiding and abetting require the proper discretion, and we will treat your situation with the discretion it deserves. It’s time you took control back. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

What is “Operation Broken Promise?”

Thu, 21 Jan 2021 23:40:15 GMT

OPERATION BROKEN PROMISE AND VOLUNTARY DEPARTURES EXPLAINED

Operation Broken Promise is an immigration enforcement measure implemented by Immigration and Customs Enforcement (ICE) to target and arrest noncitizens who had previously agreed to a voluntary departure but never left. In some cases, undocumented noncitizens are left with a choice to either agree to leave the country by a certain date or be forced to by a formal deportation. The main benefit of an agreement for voluntary departure is that you are not prohibited from seeking a legal return to the United States in the future. If you are deported, you face an automatic bar to legal reentry into the United States. Voluntary departure is not available in all immigration cases. An individual may be permitted a voluntary departure as opposed to deportation if the immigration judge finds that:

The individual has been physically present in the United States for at least one year immediately before the notice to appear was properly served;
The individual is and has been a person of good moral character for at least the most recent five years;
The individual is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of the INA; and
The individual has convinced the court by clear and convincing evidence that he or she intends to depart the United States and has the means to do so.

While most people follow through with their agreement to voluntarily depart, not everyone does. If an individual agrees to voluntarily depart, and then fails to do so, they are subject to arrest and face other penalties.

The penalties for a failure to depart as promised through an agreement for voluntary departure include:

A fine of not less than $1,000 and not more than $5000; and
Becoming ineligible to file for relief under various sections of the Immigration and Nationality Act (INA) for a period of 10 years.

Note: Any illegal reentry after a formal deportation is a felony charge that is punishable by up to 20 years in prison upon conviction. If you have specific questions about you or a loved one’s immigration case, it is important to seek the advice of an experienced deportation and removal attorney as soon as possible.

ICE RELEASES UPDATE ON ENFORCEMENT

In November 2020, ICE officials announced Operation Broken Promise as a nationwide effort to arrest and remove individuals who have not “kept their promise” to the United States government when they agreed to a voluntary departure. Individuals who are granted a voluntary departure typically have between 60 to 120 days to arrange travel and leave the United States. As of the latest press release from ICE, more than 150 individuals have been arrested by ICE Enforcement and Removal (ERO) officers. 117 of these individuals were people who failed to depart within the agreed upon time frame. This leaves 30+ individuals who were taken into ICE custody for other reasons. This enforcement measure is expected to continue until any change in policy is made by the federal government.

HOW DOES THIS AFFECT ME?

Hopefully, this doesn’t affect you. But if you or a loved one is facing the possibility of deportation or removal, then this can affect you directly. An agreement for voluntary departure is not one that is given to everyone, and as such, the federal government has an interest in enforcing its agreements with those it feels were given a break and not forced to face the normal deportation process and consequences. We expect that enforcement measures such as this to continue even through a Biden presidency. If you have questions related to voluntary departure, deportation, and how the process works to fight to stay in the United States, then give us a call at Bajoka Law today so we can help.

Sweeping Changes to Asylum Policies to Take Effect Days Before Biden Inauguration

Tue, 12 Jan 2021 23:59:05 GMT

CHANGES TO PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

In a 419-page publication , the Department of Homeland Security has issued a “final rule” on how asylum and withholding of removal cases are supposed to be processed, and what standards are supposed to be used in determining these cases. This “final rule” is set to take effect on January 11, 2021, just days before President-Elect Biden is set to be sworn in as the 46th President of the United States. The final rule seeks to exclude a number of people from seeking asylum who would have been eligible previously, examples of this include:

Central Americans escaping gang violence
Women fleeing domestic abuse
Individuals escaping persecution because of sexual orientation or gender identity

Important terms have also been redefined under this final rule. For example, for an applicant to prove ‘persecution,’ he or she must now show “the infliction of a severe level of harm” in order to qualify. Also, this final rule directs immigration judges to deny asylum to any refugee who entered the United States improperly (even though a federal court has already ruled against this) and directs immigration judges to deny asylum to anyone who changed planes or transited through another country because they did not apply for asylum there. These new provisions even allow immigration judges to deny asylum without a hearing on the grounds that the claim on its face doesn’t appear to meet the new standards imposed. It is important to speak to an experienced federal immigration crimes attorney for answers to any specific questions about how these changes could affect you or someone you love.

TRUMP ADMINISTRATION’S CONTINUED TARGETING OF REFUGEES

The Trump administration has never tried to hide its specific focus against immigration into the United States. Most specifically, President Trump’s policies have directly harmed refugees and asylum seekers. This final rule is a pretty blatant attempt by the Trump administration to both change existing immigration law and to slow down any changes by incoming President Biden. In previous blogs, we have discussed the Trump administration’s targeting of migrant families and children , and a Board of Immigration Appeals ruling that “streamlined” due process for asylum claims, among other attacks on immigrants. Our office was successful, however, in a Sixth Circuit Court of Appeals case that requires the Board of Immigration Appeals to consider relevant evidence and explain any reasoning for decisions on asylum claims. While the final rule is set to take effect, it will not be embraced by the incoming administration as it is against the promised immigration policies of President-Elect Biden.

WHY THIS IS IMPORTANT

These changes to the policy and procedure of asylum and withholding of removal cases are sure to face legal challenges. Congress can formally disapprove of the measures within 60 legislative working days if they choose. If President-Elect Biden is not able to have Congress act within that time, then he will have to issue his own changes, which will of course take time. The provisions of the “final rule” have come be known as the “death to asylum rule,” meant to essentially kill most all people’s ability to seek asylum and close the door on refugees. In the past four years under President Trump, we have witnessed immigration procedure and policy made more difficult, complicated, and discouraging. Simple forms and applications are not so straightforward anymore, on purpose. This final rule is just but another example of the importance of having experienced and knowledgeable immigration law assistance when trying to get anything accomplished in dealing with United States Citizenship and Immigration Services (USCIS).

What Is the Difference Between the Federal Crimes of Bribery and Gratuites?

Thu, 12 Nov 2020 23:52:24 GMT

FEDERAL BRIBERY STATUTE EXPLAINED

The federal bribery statute, 18 U.S.C. § 201(b), is the most commonly used federal law to prosecute the bribery of public officials. It outlaws anyone directly or indirectly giving, offering to give, or promising anything of value to a public official with the intent to influence an official act. The statute also outlaws influencing a federal official to allow or participate in any fraud against the United States or inducing an official to violate their public duty. The bribery statute also makes it illegal for the public official to seek, receive, or agree to receive something of value to induce them into making a specific official act. In essence, the bribery statute makes both sides guilty if they are involved in an illegal bribe. The most important thing that federal prosecutors are typically looking for in proving a federal bribery case is that the defendant corruptly engaged in a quid pro quo agreement. Quid pro quo can simply be described as a “this for that” arrangement. One person gives something of value expecting something else of value in return. A conviction under the federal bribery statute carries up to fifteen years in prison, along with a fine as determined by the court.

FEDERAL GRATUITES STATUTE EXPLAINED

The federal gratuites statute, 18 U.S.C. § 201(c), makes it a crime to offer or accept a gratuity to a public official. A gratuity is something of value given for or because of an official act performed or to be performed by a federal public official. Typically, a gratuity is akin to a “tip” for some sort of service rendered. The major difference between federal bribery and federal gratuites is that bribery has more required elements, making it a more serious and difficult offense to prove. Offering or accepting a gratuity is a lesser included offense of federal bribery. A conviction under the federal gratuites statute carries up to two years in prison, along with a fine as determined by the court. If you are facing public corruption charges related to either an allegation of bribery or receiving gratuites, then it is important that you speak to an experienced public corruption attorney who can best guide you.

IMPORTANT DIFFERENCES BETWEEN BRIBERY AND GRATUITES

A gratuity, as stated above, has less required elements to prove than does the federal bribery statute. A federal bribery charge requires proof of a quid pro quo or a corrupt intent to influence some sort of official act. In most cases, the timing of an illegal payment is central to determining if a bribery or gratuites charge is most appropriate. If the payment occurs after the alleged official act, then it is most likely to result in a gratuites charge. If the payment occurs before, then the prosecutor will have better circumstantial evidence to prove the existence of a quid pro quo arrangement and will likely result in bribery charges. A gratuity is different from a bribe as a gratuity must be paid directly to the public official. A bribery charge does not require direct payment to the public official in order to result in a conviction. The descriptions above relating to the federal bribery and gratuites statutes are general in nature and are not intended to be considered legal advice. If you have any questions about political contributions you have made that you are concerned about, or are wondering whether a potential contribution may cause you legal trouble, the attorneys are Bajoka Law are standing by to answer your questions to help put you in the best legal position.

Deported Marine Veteran Earns Citizenship After Winning Federal Lawsuit

Thu, 12 Nov 2020 12:00:32 GMT

ORIGINAL CASE DETAILS

Former Marine Sgt. Roman Sabal was deported last year as a non-citizen military veteran who served six years in the Marine Corps and served several more years as an Army Reserve. Sabal was in the United States on a tourist visa in the 1980’s and enlisted in the military using a fake identity. It was reported that Sabal confessed that he enlisted with a fake identity while he was at boot camp, but he was told, “don’t worry about it, you’re a Marine now.” Over the next several years, Sabal was deployed overseas three times and earned the rank of Sargent. He was awarded numerous medals for his service, including the National Defense Service Medal, the Good Conduct Medal, and the Navy Unit Commendation. After Sabal finished his time serving in the United States military, he applied for naturalized citizenship in 1995. He had two children and went to visit Belize in 2008 for a medical treatment. That visit resulted in Sabal being stuck outside the United States unable to return when he attempted to return in 2016. His return opened an immigration case and resulted in his deportation from the United States. In July of 2019, Sabal was finally granted an appointment for a naturalization interview. He tried to enter through California and was denied at the border. He continued to fight his case to be granted a citizenship interview to be reunited with his family in the United States.

FEDERAL LAWSUIT VICTORY

Attorneys filed a lawsuit against the federal government on Sabal’s behalf so he would be granted the opportunity to meet with an officer for a naturalization interview. After just over a year, he was granted the opportunity to finally meet with an officer and was granted naturalized United States citizenship. After many years, Sabal was able to be reunited with his family once his case was finally won. After 27 years, Sabal was sworn in as a United States citizen on October 27th, 2020. Sabal’s case drew national attention, with many coming to his defense stating that he was treated unfairly after all of his years of military service in the United States. Sabal’s victory required a relentless fight and diligent and helpful legal representation. If you are facing the potential of deportation or removal, then it is important to speak to an experienced deportation and removal attorney immediately.

HOW THIS CASE IS IMPORTANT

Immigration and Customs Enforcement (ICE) has been presented with memos over the past 16 years related to how agents are supposed to handle deportation notice to appears when dealing with military veterans. At a minimum, the agents are to consider the veteran’s:

Any evidence relating to criminal history;
Evidence of any rehabilitation if applicable;
Evidence of family and economic ties to the United States;
Evidence relating to work history;
Health; and
Evidence relating to any community service work done.

It is also important that a veteran’s service history, deployment history and any awards be considered. If an agent still decides to continue forward with a deportation proceeding against a military veteran, the agent must draft a memo discussing the review of the veteran’s service to include with the deportation request. It is no secret that ICE may try to fast track someone’s deportation without considering all necessary factors. That, among many other reasons is why it is important to have proper legal help in an immigration case. One oversight in your file can be the difference between winning and losing your case. Immigration is a complex and nuanced area of law that requires an experienced hand to achieve the best results. If you are facing the potential of deportation and removal for any reason, call us at Bajoka Law today so we can help.

Department of Justice Intensifies Focus on Telemedicine-Related Health Care Fraud

Fri, 30 Oct 2020 10:41:59 GMT

WHAT IS TELEMEDICINE?

Telemedicine is also known as telehealth, which relates to the distribution of health care services and information using internet and telecommunication services. It allows for remote clinical services which can allow a doctor and patient to have contact through webcam on a computer or cell phone. In most circumstances, telemedicine was primarily used in situations where meeting with a doctor was difficult or impossible due to distance, lack of transport, or lack of patient mobility. Telemedicine has historically also been an option to provide service during times of decreased funding or insufficient staff allowing a medical care provider to service their patients until the provider is back at normal capacity. Historically, Medicare and Medicaid only paid for telemedicine services in limited circumstances. The COVID-19 pandemic has completely transformed the availability and rate of usage of telemedicine in the United States as Medicare and Medicaid have waived many requirements and restrictions of telemedicine due to the difficulties of meeting safely in person. This has resulted in an increase of nearly 4,000 % in Medicare beneficiaries using telemedicine in the past 6 months. It is estimated that the telemedicine industry has the potential to balloon from a $3 billion industry to a $250 billion industry if current trends continue. This explosion in telemedicine use has also opened the door to various types of telemedicine-related health care fraud, which have drawn the attention of the Department of Justice (DOJ). If you are facing a federal health care fraud investigation or charges, then it is important to speak to an experienced federal health care fraud attorney as soon as possible.

WHAT ARE SOME EXAMPLES OF TELEMEDICINE FRAUD?

As telemedicine has exploded in popularity and usage, so have the criminal schemes and activity by health care providers trying to profit. Even before the pandemic, the DOJ was auditing health care provider’s usage of telemedicine and found that almost 1/3 of telemedicine claims were not up to regulation. Telemedicine is now being used a vehicle to help carry out various forms of health care fraud. One such example is that of illegal kickbacks. Under the federal anti-kickback law (42 U.S.C. § 1320a-7b), health care providers are not allowed to pay, induce, or receive referrals for medical services that are reimbursed by federal health care programs like Medicaid or Medicare. In a recent case, a telemedicine company allegedly promised a free COVID-19 test in exchange for a TRICARE patient’s personal information. The company then allegedly used the information to prescribe unnecessary medicine and medical equipment in exchange for millions of dollars in illegal kickbacks. It is also alleged that the patients never got their COVID-19 tests and the telemedicine company received massive payouts from TRICARE for the unnecessary prescriptions. Other illegal kickback telemedicine fraud cases have involved Medicare and Medicaid. An example of this includes a case where a telemedicine company made an agreement to receive illegal kickbacks from labs for referring completed COVID-19 tests. These examples show just a couple of the types of telemedicine fraud that are emerging since the start of the COVID-19 pandemic.

DEPARTMENT OF JUSTICE TAKEDOWNS

The United States DOJ recently announced the largest health care fraud takedown in our country’s history, alleging more than $6 billion in health care fraud, and resulting in over 300 people being criminally charged. Some of the main targets of this DOJ takedown were telemedicine providers. The fraud alleged among telemedicine providers in these cases includes allegations of illegal kickbacks for prescribing unnecessary opioids, genetic testing, and referring patients to substance abuse rehab centers. It is expected that the title of “largest health care fraud takedown in US history” will be short lived, as the DOJ has intensified its focus on telemedicine and are pushing significant investigation resources towards the investigation and prosecution of major federal health care fraud cases. If you are a telemedicine health care provider, it is recommended that you take proactive steps and extra compliance measures to make sure that you do not become a party to illegal activity. If you have any questions related to telemedicine-related health care fraud, then call us at Bajoka Law so we can help.

Understanding the Crime of Federal Tax Evasion

Thu, 29 Oct 2020 18:00:03 GMT

FEDERAL TAX EVASION STATUTE EXPLAINED

The crime of federal tax evasion is a common type of federal criminal offense that falls into the category of white-collar crime. The federal tax evasion statute can be found within the Internal Revenue Code (IRC) under Section 7201. There are two main criminal offenses listed under this section: 1) the willful attempt to evade the assessment of a tax, and 2) the willful attempt to evade the payment of a tax. It is required that a prosecutor must prove three major elements in order to convict someone of tax evasion under this statute. A prosecutor must prove that a defendant: 1) took an affirmative act representing an attempt to evade a tax or the payment of a tax, 2) has additional taxes that are owed and are due, and 3) willfully committed the acts. The government’s main objective in these cases is to prove that a defendant took some action or actions towards misleading the IRS in some way. The most common method that people take in attempting to evade taxes is to purposely file a false tax return, however there are other ways to be convicted under the statute. If you are facing questions from the government related to your taxes, then it is advisable to speak to an experienced federal white-collar crime attorney to best help you understand if you are subject to criminal charges.

UNDERSTANDING THE DIFFERENT TYPES OF EVASION

There are three main ways that someone can be found guilty under the federal tax evasion statute. The three types of tax evasion under the federal statute are: 1) the evasion of assessment, 2) the evasion of payment, and 3) the evasion of another’s tax.

The ‘evasion of assessment’ involves taking measures to conceal someone’s true tax liability from the government. A common method as mentioned above is filing a false tax return. People who are accused of evading assessment are typically doing so to avoid paying their true tax debt.

The ‘evasion of payment’ involves trying to avoid paying someone’s tax liability. This typically occurs after it is already established that there are taxes owed by an individual or entity. To be guilty of evasion of payment, someone must have taken an affirmative act to conceal money that could be used to pay outstanding taxes. Merely failing to pay your taxes owed, on its own, does not rise to the level of criminal evasion of payment.

The ‘evasion of another’s tax’ involves helping someone else in the evasion of their tax liabilities. This would include helping them file a false tax return or doing something that helps them conceal their true tax debt. This can include accountants purposely helping a client evade his or her taxes.

A conviction for the federal crime of tax evasion under I.R.C. Section 7201 means that an individual would be convicted of a federal felony that carries a potential prison sentence of up to five years, along with fines of up to $100,000 for an individual and up to $500,000 for a corporation.

HOW DOES THIS AFFECT ME?

If you have purposely filed a false return or taken some measure to evade paying your true tax liability, then this can affect you directly. While tax law can be incredibly complex, it does not relieve you of your responsibility to understand the law as it applies to you. Seemingly harmless acts related to the filing of your tax return can also be construed as intentionally trying to deceive or conceal and can result in federal tax evasion charges. Intent is an incredibly important factor in determining whether or not you are guilty of criminal charges. If a prosecutor is unable to prove that you intended to mislead the government related to your taxes, then you can properly be cleared of any criminal wrongdoing. Each case is different and requires individual and specialized advice. If you are being accused of federal tax evasion, then call us today at Bajoka Law so we can help.

The Withdrawal Defense to a Federal Conspiracy Charge

Thu, 29 Oct 2020 17:12:04 GMT

FEDERAL CONSPIRACY EXPLAINED

A federal conspiracy charge can arise when investigators believe that two or more people have plotted to commit a crime that is illegal under federal law. Any plan to commit an offense against the United States or any agency of the United States along with some overt act in furtherance of that plot can result in federal conspiracy charges. An agreement does not need to be in writing and generally isn’t as it would be a written agreement to commit illegal acts which could later be used against you to prove criminality. The actual goal of the criminal plot also does not need to be achieved in order to be properly charged and convicted of federal conspiracy charges. As long as there is an agreement in place and some steps towards beginning or completing the illegal goal of the agreement, then it would be legally proper for federal investigators to seek charges. A conviction for conspiracy under Section 371 of the United States Code can result in a punishment of up to five years in prison; conspiracy convictions related to drug trafficking, racketeering, and terrorist activity all carry the same punishment as the offenses they are related to. If you have any questions about federal conspiracy law as it applies to you and your situation, then it is important to speak to an ex perienced fed eral conspiracy attorney as soon as possible.

HOW WITHDRAWAL CAN BE A DEFENSE

If there is some evidence shown at trial that a defendant withdrew from the conspiracy before any overt act was committed, then it can be a defense to a federal conspiracy charge. The federal courts have recognized withdrawal as a defense, and each have specific jury instructions which guide what a jury is supposed to consider when making their decision. The pattern jury instructions from the 6th Circuit Court regarding withdrawal as a defense to conspiracy is as follows:

“(1) One of the defendants, (Defendant’s name), has raised the defense that he withdrew from the agreement before any overt act was committed. Withdrawal can be a defense to a conspiracy charge. But Defendant has the burden of proving to you that he did in fact withdraw.

(2) To prove this defense, Defendant must prove each and every one of the following things:

(A) First, that he completely withdrew from the agreement. A partial or temporary withdrawal is not enough.

(B) Second, that he took some affirmative step to renounce or defeat the purpose of the conspiracy. An affirmative step would include an act that is inconsistent with the purpose of the conspiracy and is communicated in a way that is reasonably likely to reach the other members. But some affirmative step is required. Just doing nothing, or just avoiding the other members of the group, would not be enough.

(C) Third, that he withdrew before any member of the group committed one of the overt acts described in the indictment. Once an overt act is committed, the crime of conspiracy is complete. And any withdrawal after that point is no defense to the conspiracy charge.

(3) If Defendant proves these three factors by a preponderance of the evidence, then you must find him not guilty. Preponderance of the evidence is defined as “more likely than not.” In other words, the defendant must convince you that the three factors are more likely true than not true.

(4) The fact that Defendant has raised this defense does not relieve the government of its burden of proving that there was an agreement, that he knowingly and voluntarily joined it, and that an overt act was committed. Those are still things that the government must prove in order for you to find Defendant guilty of the conspiracy charge.

Note: Some conspiracy charges do not need an overt act in order to complete the conspiracy. If you are charged with a conspiracy charge that does not require an overt act, then the withdrawal defense will likely be inapplicable.

HOW DOES THIS AFFECT ME?

If you are facing a conspiracy charge or have had any discussions with anyone related to working together towards an illegal plan, then this can affect you directly. It is not too late to change your mind relating to criminal plot if nobody has taken a meaningful step towards completion of the goal. If you have specific questions about a conspiracy charge you are facing or how the defense of withdrawal may apply to you, then call us at Bajoka Law today so we can help.

Sixth Circuit Court of Appeals Rejects “Controlled Substance Offense” Sentencing Enhancement

Thu, 29 Oct 2020 16:33:02 GMT

THE CASE OF UNITED STATES V. PALOS

In this case, the defendant Anthony Palos pled guilty to being a felon in possession of a firearm and was sentenced to 63 months in federal prison. Police had been investigating Palos and suspected that he was involved in drug trafficking and investigators got a warrant and legally searched his home in Ohio. During the search, investigators found illegal drugs, drug paraphernalia, and a gun. Palos admitted to the police that he bought the firearm off the streets which proved true as the gun was later confirmed as stolen. It is also undisputed that Palos was a convicted felon as he had previously been convicted to two drug trafficking offenses in state court. The dispute in this case arose at the sentencing stage for Palos’s case. At sentencing, the District Court determined that the two previous drug convictions met the requirements to be deemed “controlled substance offenses” which boosted Palos’s base offense level on his sentencing guidelines to a base level of 24. Palos argued that only one of his convictions qualified as a controlled substance offense as his other conviction was only an attempt and was entitled to a lower base level of 20. Palos was also given a higher sentence due to the gun being stolen although he argued in his defense that he didn’t know the gun was stolen. He appealed his sentence and the determinations made by the District Court regarding the court’s imposition of two prior controlled substance offenses and the stolen gun as it applied to his sentencing guidelines.

SIXTH CIRCUIT COURT DECISION REJECTING SENTENCING ENHANCEMENT

Upon review of this case, the Sixth Circuit Court of Appeals ruled that Palos was entitled to only have one prior controlled substance offense apply to his sentencing guidelines but found that it didn’t matter whether Palos knew or should have known that the gun was stolen. The Sixth Circuit Court determined that one of Palos’s previous drug convictions was only an attempt and not a completed sale. A previous case entitled United States v. Havis determined that an offer to sell drugs is considered an attempt and made clear that the relevant definition of a controlled substance offense for these purposes does not include attempt crimes. This decision provided a clear answer as to whether a controlled substance offense under the career offender Guideline, U.S.S.G. § 4B 1.2 includes attempt crimes. At issue here was a conflict within the Guideline itself where in the text of the Guideline it stated that attempts were not controlled substance offenses but later said that they were included in the commentary. It was found that the text of the Guideline controls in cases where it conflicts with the commentary. This resulted in a reversal in part of the judgement of the case and Palos being sent back to District Court for resentencing. If you are facing a federal drug trafficking or controlled substance offense, then it is important to speak to an experienced federal drug trafficking defense attorney as soon as possible to best understand what types of charges and sentence you may be facing.

WHY IS THIS IMPORTANT?

If you are facing federal drug trafficking charges and have any prior convictions at the federal or state level, then this could affect you directly. It is important to note that federal prosecutors will use every option available to make sure you end up with the highest sentencing guideline range possible in your case. This includes attempting to qualify prior convictions improperly in order to punish you with sentencing level enhancements which can significantly increase your potential prison sentence. It is important that if you are facing a sentence for a federal conviction, that your sentencing guidelines are calculated and applied correctly. A failure to do so can result in an incorrect sentence which can result in extra years of unnecessary prison time. If you have any questions about your specific federal drug trafficking case, then call us today at Bajoka Law so we can help.

How Being a “Minimal Participant” in a Crime Can Lead to Denaturalization

Wed, 14 Oct 2020 17:19:35 GMT

CASE OF UNITED STATES V. BORGOÑO

Norma Borgoño is a 65-year-old Peru native who legally immigrated to the United States in 1989. She settled near the city of Miami as a single mother with two children and found work as a secretary. Borgoño took her oath of citizenship and became a United States citizen in 2007. From 2003 to 2009, Borgoño worked as an office manager for a company called Texon, which was owned by a man named Guillermo Oscar Mondino. During this time, Mondino came up with and executed a plan to defraud the Export-Import Bank of the United States, which is the government’s official export credit agency. While Mondino signed and submitted fraudulent paperwork on behalf of Texon to illegally obtain money, Borgoño, as the office manager, simply prepared the paperwork that he used in the fraudulent transactions. When the FBI investigated Mondino, they questioned Borgoño and she helped the FBI build their case against Mondino. Even though Borgoño assisted in the investigation and never personally profited from the $24 million fraud scheme that Mondino operated, Borgoño was federally charged with conspiracy to defraud the United States and conspiracy to commit mail fraud. She took a plea deal and was sentenced to house arrest, probation and $5,000 in restitution. Because Borgoño’s alleged criminal activity took place before she was a naturalized citizen, the federal government initiated a denaturalization action against Borgoño claiming that she did not have the requisite moral character to become a naturalized citizen in the first place. The government alleged that Borgoño lied on her citizenship application when she falsely answered “no” when asked if she had knowingly committed any crime.

ZERO TOLERANCE IMMIGRATION POLICY

Federal authorities admit and acknowledge that Borgoño was a “minimal participant” in the fraud scheme orchestrated and carried out by her boss, Mondino. Borgoño’s status as a minimal participant is confirmed by the government’s plea offer that she ultimately accepted. Even though it is agreed that her role, whatever it was, was quite small in this fraud action. The Trump administration has touted a zero-tolerance policy on everything related to immigration law since the president took office in 2017. Due to this approach, Borgoño now faces the prospect of being deported back to Peru 30+ years after she legally immigrated to the United States and raised her family here. She has no close family remaining in Peru and suffers from a genetic condition affecting her kidneys called Alport syndrome. Even through all of this, the federal government’s approach is not one of forgiveness or understanding. What once was mainly a mechanism to identify former Nazis and other war criminals who lied to cover their identities when immigrating to the United States, denaturalization has morphed into something much different.

DENATURALIZATION’S FIT INTO CIVIL LITIGATION

A denaturalization action has an interesting and perplexing fit in our court system. Denaturalization actions are not governed by criminal law or procedure as you might expect. Rather, denaturalization falls into the realm of civil litigation and civil procedure. Even though United States Attorneys have the discretion to file a case as criminal or civil in nature, government officials reportedly encourage federal prosecutors to initiate civil denaturalization actions if a criminal case is declined for prosecution. These officials named the “benefits” of civil proceedings as opposed to criminal actions, which include:

Lower burden of proof in civil litigation,
No statute of limitations,
No right to a jury trial, and
No right to appointed counsel.

These “benefits” for the government come at the price of due process for citizens. So, even though you may have gained your citizenship through the process of naturalization, it does not mean that your citizenship cannot be taken away. You could lose your citizenship without being proven guilty of any crime, without being given an attorney, nor the right to a jury trial under the current rules of denaturalization actions. Simply put, you can lose your citizenship without any real due process. If you have questions about the status of your citizenship or denaturalization law, then it is important to speak to an experienced denaturalization attorney.

Asylum Claimants Given Less Due Process After Board of Immigration Appeals (BIA) Ruling

Wed, 14 Oct 2020 17:18:37 GMT

The Importance of Proper Legal Counsel at Every Stage of Any Immigration Case

ORIGINAL IMMIGRATION CASE DETAILS IN THE MATTER OF R-C-R

In the immigration case of the Matter of R-C-R- , a citizen of Guatemala entered the United States unlawfully in March of 2019. He was detained by the Department of Homeland Security (DHS) and was charged with removability as a non-citizen being present in the United States without being properly admitted and further not being in possession of any valid entry documents at the time he attempted to enter the United States. R-C-R- remained detained until a video conference hearing in early November 2019, where he appeared without counsel. During this hearing, R-C-R- admitted his removability (through an interpreter) and also expressed his desire to apply for asylum, withholding of removal and wanted relief under the Convention Against Torture (CAT). R-C-R- was then given an Application for Asylum and for Withholding of Removal (Form I-589) to complete. R-C-R- was instructed by the immigration judge to submit his applications for relief in early December even though R-C-R- ‘s next hearing was already scheduled for mid-January 2020. If the applications were not received in time, then his applications would be considered waived. A week after the deadline had passed, the immigration judge found that R-C-R- had waived his opportunity by not filing his applications in time and ordered him to be deported. R-C-R- appealed to the Board of Immigration Appeals (BIA) and argued that his due process rights were violated by the immigration judge in setting his application deadline ahead of his next hearing and further not allowing R-C-R- to explain why he missed the deadline. He also argued that he did not have a fair hearing because he was without an attorney, in custody, and forced to communicate through an interpreter.

BOARD OF IMMIGRATION APPEALS RULING

The BIA sided with the immigration judge and found that he or she can set a different deadline if he or she wishes, and further that this deadline can be final. The BIA also ruled that R-C-R- failed to meet his burden of proof in establishing that he was deprived of a full and fair hearing even though his hearing was conducted while he was in custody, speaking through an interpreter on videoconference without legal counsel. This case underscores the importance of proper legal counsel at every stage of any immigration case, as R-C-R- was never able to have counsel before the immigration judge dismissed his case and ordered him removed.

HOW DOES THIS AFFECT ME?

This case will undoubtably be used by immigration judges to set deadlines which can result in asylum claim dismissals before claimants have any real opportunity to present their cases. If you or a loved one is facing the possibility of deportation and removal, then this can affect you directly. Any claims for asylum or relief under the Convention Against Torture can be in jeopardy due to arbitrary final deadlines that immigration judges can make. The ruling in this case is a blow against due process for asylum claimants. It is important to have representation from an experienced deportation and removal attorney from the beginning of any immigration related case if possible. As the ruling in Matter of R-C-R- has shown us, due process can be given and taken away quite easily by immigration judges. The BIA has set a dangerous standard with this ruling which is terrible for asylum claimants and other immigrants seeking relief. Changes in immigration law are constant in our current society. It is important to understand how the law affects you as ignorance of the law is not a defense.

Federal Appeals Court Blocks Government from Detaining Migrant Children in Hotels

Wed, 14 Oct 2020 12:41:49 GMT

THE CASE OF FLORES V. BARR

Back in 1997, the United States entered into an agreement with a class of minors who were subject to detention by United States immigration authorities. This agreement, known as the Flores Agreement, provides that once the government apprehends any undocumented minors, they have to transfer them to a licensed children’s shelter within three days. In March 2020, the Centers for Disease Control (CDC) issued an order closing the border to entry into the United States from Canada or Mexico, citing the dangers of the spread of COVID-19. Thereafter, a motion was filed on behalf of undocumented migrant children which sought to enforce the rules as agreed to by the United States government under Flores. The United States District Court for the Central District of California appointed an independent monitor to oversee how the government was operating in dealing with unaccompanied minors and to determine if the government was following the Flores Agreement. In August 2020, the independent monitor reported to the court that the Department of Homeland Security (DHS) since the CDC order had held 660 minors between the ages of ten and seventeen for stays as long as 28 days in hotels instead of the normal approved child shelters. The District Court found that the government was not complying with the Flores agreement because they were holding the minors longer than three days and made no good faith effort to actually place minors in licensed facilities as required. In actuality, the government was using this method to deny these minors access to legal counsel and the ability to properly claim asylum. After their stay in the hotels, the children were then removed from the United States without following typical procedure. The government appealed the District Court’s ruling to the Ninth Circuit Court of Appeals and filed an emergency motion seeking a stay pending appeal.

NINTH CIRCUIT COURT OF APPEALS RULING

On October 4th, 2020 the Ninth Circuit Court of Appeals denied the government’s request for a stay pending appeal. The Court noted that the District Court’s order does not require them to do anything additional to the Flores agreement and simply directed the government to come into compliance with Flores. The Ninth Circuit Court found that the government was not likely to win the case on the merits anyways, and as such a stay would not be appropriate. The court also found that the government was not able to establish a likelihood of irreparable injury if a stay was not granted. Simply put, the Ninth Circuit Court flatly rejected the government’s arguments in this case, and further required them to follow the District Court’s order until the case is fully heard at the Ninth Circuit Court of Appeals.

THE CONTINUING PROBLEM OF CHILD EXPULSION

Immigrant rights advocates claim that actions like these by the federal government are using the pandemic as a pretext to bypass the typical and legal asylum process for children. The Trump administration has expelled nearly 9,000 migrant children citing the COVID-19 pandemic without using the typical steps of the asylum process. There is a real assault on asylum due process currently occurring in the United States. Each step the government takes to chip away at due process for people that were not born in this country further complicates immigration law and practice. Do not ever go it alone; It is important to that you have experienced and knowledgeable legal counsel if you are facing immigration crimes levied against you by the federal government and Immigration and Customs Enforcement (ICE). If you have any questions about you or a loved one’s case, then it is important to seek the advice of an experienced immigration crimes attorney as soon as possible.

Ohio Speaker of the House Federally Indicted in Alleged $60 Million Corruption Scheme

Wed, 14 Oct 2020 02:46:04 GMT

ORIGINAL CASE DETAILS: Larry Householder, Ohio Speaker of the House

Ohio Speaker of the House Larry Householder is facing federal charges after being indicted by a federal grand jury for a federal racketeering conspiracy. The case involves Householder, four other individuals, and a 501(c)(4) entity called ‘Generation Now.’ A 501(c)(4) is a corporate entity that is supposed to be designated as a social welfare organization. Generation Now was purported to promote energy independence and economic development. It is alleged that Generation Now was actually secretly controlled by Householder. It is alleged that Householder and his group worked as an ‘enterprise’ and received approximately $60 million dollars into Generation Now to help ensure the passing of Ohio House Bill 6, a $1.3 billion bailout aimed at saving two Ohio nuclear power plants from closing. It is also alleged that the enterprise corruptly worked to defeat a ballot initiative which was aimed at stopping House Bill 6. The enterprise is accused of spending millions of dollars to help Householder win the 2018 election to become the Ohio Speaker of the House by flooding the airways with negative ads against any enterprise opponents. These ads were all allegedly paid for by Generation Now. This case is an example of the Department of Justice’s recent trend towards attempting to expand the use of the RICO Act in targeting political corruption and bribery. The RICO Act was originally passed to fight organized crime.

CRIMINAL CHARGES AND POTENTIAL PENALTIES

Larry Householder, Generation Now, and four other individuals face federal corruption charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act. A person is guilty of a RICO charge when:

He or she commits at least two acts of racketeering activity;
Within a 10-year period; and
The acts were deemed made in an enterprise.

The ‘acts of racketeering activity’ come from a list of 35 different crimes that are listed within the RICO statute . If someone is convicted of racketeering under the RICO statute, he or she faces a sentence of up to 20 years in federal prison and up to $25,000 in fines for each count. Someone convicted under the RICO statute will also have to forfeit any gains due to the illegal activity.

The defense in this case will likely rely heavily on the decision of Kelly v. United States , where the United States Supreme Court made its position clear that the federal government should be limited in its attempt to expand the federal criminal code to the political process.

HOW THIS CASE IS IMPORTANT

This case has the potential to shape how RICO charges can be used going forward in federal corruption cases. A successful prosecution under the RICO statute will potentially put political donors at risk for future similar charges. Companies should be mindful of how they engage in politics and be certain of the legality of their political contributions. Seemingly harmless acts of making campaign contributions or creating a nonprofit organization can lead to criminal charges when certain factors are present. If you or your organization are involved in making political contributions, then the outcome of this case can affect you directly. If Householder is convicted, it will continue to pave the way for federal authorities to prosecute people with RICO charges for their involvement in political campaign contributions. If you have any questions about the legality of your political contributions, then it is important to seek the advice of an experienced federal public corruption attorney who can best answer your questions.

Who Is the Board of Immigration Appeals (BIA)?

Tue, 13 Oct 2020 18:37:25 GMT

The History and Role of the Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is an administrative appellate body that works within the Executive Office of Immigration Review of the United States Department of Justice. Decisions that immigration judges make can be reviewed by the BIA, where the BIA can either affirm, reverse, or remand a judge’s decision regarding removal proceedings or other immigration issues. The BIA is headquartered in Falls Church, Virginia, and issues its decisions in the form of three-member panels who review and decide cases. In general, the BIA does not conduct courtroom proceedings; it decides appeals by conducting what is called a “paper review” of cases. The majority of the cases that are reviewed by the BIA are cases involving dep ortation and remo val . The BIA also hears cases involving immigrant visa petitions involving family members as well as cases of non-citizens applying for admission to the United States for various reasons. Most BIA decisions are subject to review by federal appellate courts. Federal appellate courts have the power to affirm, reverse, or remand BIA decisions the same way the BIA has power over immigration court decisions.

RECENT CHANGES IN THE BIA

Prior to the Trump administration, the BIA was comprised of 17 members. Under the Trump administration, the BIA increased its membership to 23 members. This increase in board members coincides with an incredible increase in cases in immigration court. The end of 2019 saw records set as there were approximately four times as many cases in immigration court as the year prior. Nine career members of the BIA who were appointed prior to the Trump administration were offered buyouts to leave the BIA, but none took the buyout offer. They have since been “reassigned” to other roles within the DOJ. To fill both these existing positions and newly formed positions, the Executive Office of Immigration Review (EOIR) in conjunction with Attorney General William Barr appointed new judges to the BIA. The 9 most recent hires to the BIA include immigration judges who reportedly denied in excess of 90% of asylum claims in their courts. This expansion has led to criticism that the BIA has lost its impartiality and is only seeking to push the anti-immigration agenda of President Trump. Whatever the reasons, the makeup of the BIA has significantly changed since the result of the 2016 elections.

HOW DOES THIS AFFECT ME?

If you are facing the potential of deportation and removal, this affects you directly. In 2018, there were approximately 250,000 immigration cases pending in the immigration court system. That number increased to over 1,000,000 cases by the end of 2019. The caseload has not only grown, it has shown this administration’s initiative to make immigration to the United States as difficult as possible. This increase in cases has left many people searching for answers and looking for help in trying to defend against the power of the federal government. If you are facing deportation and removal from the United States, then it is important that you speak to an experienced federal immigration defense attorney immediately. Non-citizens and even green card holders can be removed from the United States for a variety of reasons. Whether you have committed a criminal offense or have fallen out of legal status due to overstay or other reason, the federal government in conjunction with Immigrations and Customs Enforcement (ICE) is not taking these cases lightly. This increase of immigration cases across the United States has not come by accident, and it will only continue to increase during the current administration.

10 Most Common Federal Health Fraud Schemes

Mon, 05 Oct 2020 12:22:17 GMT

TOP TEN SCHEMES EXPLAINED

The ten most common types of federal health care fraud schemes and a short explanation of how they operate are listed below. This is not a complete list, and they are in no particular order. This list of 10 includes:

Billing for services not rendered : This involves a medical provider or facility submitting claim forms to federally funded government health care plans or insurance companies for medical services that were not actually provided. These are usually fairly easy for federal investigators to spot through billing documents. This scheme is a favorite of federal prosecutors as they are easy schemes for juries to follow and understand.
Billing for services that are not covered : This involves a medical provider or facility providing a form of care or treatment that is not approved by federal health care plans or health insurance companies. When the medical provider goes to bill for the care, they bill federal health care plans or health insurance companies for something else that is on the approved list. This commonly occurs when there is some sort of experimental treatment that the medical provider is trying to sell.
Waiving deductibles or co-pays : Most federally funded government health care plans and health insurance companies don’t allow medical facilities to waive the deductibles or co-pays of their patients. This often leads to other false claims to make up for the money spent to cover a patient’s deductible or co-pay.
Corruption : This involves schemes for referral fees or kickbacks that are not allowed by federal law. Medical providers are not allowed to pay or receive kickbacks for the referral of patients treated under a government health care plan. These schemes lead to abuse as referrals are made for services that aren’t needed.
False or unnecessary prescriptions : This involves medical facilities or doctors writing prescriptions for people who don’t need them. This is most commonly found in the abuse of painkillers, where doctors are found to create “pill mills” which result in an excessive amount of prescription level painkillers on the black market.
Incorrect reporting of procedures or medical diagnoses : Incorrect reporting of procedures involves a medical provider knowingly recording their patient’s care in order to make the most money. The incorrect reporting of medical diagnoses involves a medical provider knowingly giving patients wrong diagnoses which end up requiring unnecessary medical care and testing, leading to more money for the medical provider.
Misrepresenting the service provider: This involves a medical provider billing for services at the rate of a physician, but actually provided by lesser-qualified people. Many times, the patient doesn’t even know this is going on and believes the person administering care is actually a physician.
Misrepresenting the dates of medical service : This involves a medical provider billing for multiple office visits in order to maximize profits regardless if the patient actually made multiple visits. Each separate visit is usually its own billable service, which leads to medical providers illegally trying to inflate the services rendered.
Misrepresenting the location of medical service: This involves a medical provider falsely claiming that patients were given medical care at certain locations in order to illegally maximize profit. If a patient comes in for care, then a medical provider makes more money as opposed to a patient being sent home with medicine to take themselves for instance.
Overuse of medical services : This involves billing for medical services that aren’t necessary. This is often a scheme by medical providers that is used on hypochondriac patients who will continue to receive care as long as they are able.

It is normal to have questions about the various schemes listed above. If you have any questions about the schemes listed above or are being investigated for any of the above listed health care fraud schemes, then it is important to speak to an experienced federal health care fraud attorney immediately.

DEA Places Precursor Chemical to Fentanyl on Controlled Substances List

Sun, 04 Oct 2020 16:35:29 GMT

THE CONTROLLED SUBSTANCES LIST EXPLAINED

The controlled substances list was created by the Controlled Substances Act (CSA) of 1970 which places all substances that were regulated in some way under federal law into one of five “schedules.” These schedules serve as different categories that controlled substances are placed under based on the substance’s medical use, potential for abuse, and safety. The five schedules and the most common drugs associated with them are:

Schedule I: These are substances with no currently accepted medical use and a high potential for abuse. Examples of schedule I drugs include heroin, LSD, marijuana, and ecstasy.
Schedule II: These are substances with a high potential for abuse and can lead to severe psychological or physical dependence. Examples of schedule II drugs include fentanyl, cocaine, and Vicodin.
Schedule III: These are substances with a moderate to low potential for physical and psychological dependence. Examples of schedule III drugs include ketamine, codeine, and anabolic steroids.
Schedule IV: These are substances with a low potential for abuse and low risk of dependence. Examples of schedule IV drugs include Xanax, Valium, and Ambien.
Schedule V: These are substances with the lowest potential for abuse on the list of schedules. Examples of schedule V drugs are Robitussin, Motofen, and Parepectolin.

Note: these are not all the drugs that are included in the federal drug schedules. If you have specific questions about the controlled substances list, then it is important to seek the advice of an experienced federal drug trafficking attorney who can best answer your legal questions.

WHAT QUALIFIES AS A PRECURSOR CHEMICAL?

Precursor chemicals are chemicals that are known to be used in the illegal manufacture of controlled substances. Many precursor chemicals also have regular and legitimate commercial uses for things like medicines and fragrances. Norfentanyl is an example as it can be used in medical situations for anesthesia or pain management, but also in one step can produce the ultra-deadly substance fentanyl. This property has led the DEA to add norfentanyl to the same schedule II classification as fentanyl itself. This designation now makes the production and sale of norfentanyl subject to federal regulation and scrutiny. It also can take a cut out of the fentanyl trade theoretically. The DEA is authorized by federal statute to actually add precursor chemicals to the controlled substances list on their own without congressional approval. Under 21 U.S.C. 811(e), the Attorney General may place an immediate precursor into the same schedule that the immediate precursor is used to make, as long as the substance is deemed a precursor pursuant to 21 U.S.C. 802(23). This is considered an emergency measure, as the rate of deaths due to fentanyl overdoses has seen dramatic increases in recent years.

HOW DOES THIS AFFECT ME?

It is important to understand the role of precursor chemicals as they relate to the illegal drugs themselves. Precursor chemicals allow illegal controlled substances to be easily produced at home, without the need for a lab and special equipment. The race between science and law is always ongoing. When new synthetic drugs hit the black market, it often takes the law a bit of time to catch up before a significant number of people have started to use and experiment with the drugs. The DEA putting norfentanyl in the same schedule as fentanyl because of its nature as a precursor is just one example of how there are specific measures for the law to try to catch up to science. If you are being investigated or have already been charged with illegal possession or distribution of norfentanyl, then it is imperative you speak to an experienced federal drug trafficking defense attorney who can best help you understand your options.

Supreme Court Rules to Allow Expedited Removal Without Judicial Review

Wed, 23 Sep 2020 17:24:32 GMT

WHAT IS EXPEDITED REMOVAL?

“Expedited removal” is a policy that allows low-level immigration officers the ability to quickly deport specific non-citizens who are undocumented or have been suspected to have committed fraud or some sort of misrepresentation. The policy, enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act in 1996, denies these non-citizens the due process of a normal removal proceeding. The rights included with a normal deportation and removal proceeding include the right to an attorney, and the right to a hearing in front of a judge. The Act specifically states that undocumented non-citizens are not entitled to these same rights to due process that American citizens enjoy. Expedited removal prevents these noncitizens from ever seeing a courtroom or understanding what possible remedies or defenses they may have. Expedited removal has been used more often in recent years reaching as high as 35% of all removals in 2017. A dramatic expansion of the expedited removal policy was ordered by President Trump in July 2019, and it is expected to result in thousands of additional people being removed without any due process.

THE CASE OF DEPARTMENT OF HOMELAND SECURITY V THURAISSIGIAM

Vijayakumar Thuraissigiam is an asylum seeker from Sri Lanka, who as a ‘Tamil’ is part of an ethnic minority. Thuraissigiam escaped from Sri Lanka and made his way to the United States and entered through the United States-Mexico border in February of 2017. Thuraissigiam was arrested shortly after he entered and found himself put into expedited removal proceedings. During an interview with an asylum officer, Thuraissigiam expressed his fears of returning to Sri Lanka. He explained how he was arrested and beaten by Sri Lankan officials because of his support for a Tamil political candidate. Incredibly, the asylum officer believed Thuraissigiam’s account, but didn’t feel that his fears satisfied the legal elements necessary to receive asylum status, or even a further hearing. Because he hit a dead end with general legal options, Thuraissigiam filed a habeas petition in the United States District Court for the Southern District of California claiming he was not given a meaningful right to apply for asylum and did not get a meaningful opportunity to establish his claims. The District Court dismissed Thuraissigiam’s habeas petition due to lack of jurisdiction. The case made its way to the United States Supreme Court after Thuraissigiam had a successful appeal to the Ninth Circuit, which led to the government being granted a petition for certiorari. The Supreme Court ruled in a 7-2 decision that Thuraissigiam does not have a constitutional right to habeas review that the government violated any of his rights in ordering his expedited removal.

HOW DOES THIS AFFECT ME?

If you are an undocumented non-citizen in the United States, then this can affect you directly. You may find yourself in expedited removal proceedings if an immigration officer suspects your asylum claim to be fake, or suspects that you have committed fraud or some sort of misrepresentation in relation to your entry into the United States. The decision in Thuraissigiam leaves uncertainty in knowing which is the point where a non-citizen has made it past the “threshold of initial entry” into the United States which results in the ability to have proper due process and the ability to have habeas petition heard by a judge. It also leaves a vast majority of government issued removal orders without any check or accountability from anyone. If you are an undocumented non-citizen in the United States, then it is important to seek the advice of an experienced deportation and removal attorney who can help you understand what potential options you may have to remain here legally and avoid deportation.

Federal Appeals Court Affirms 30-Year Sentence for Convicted Liberian Warlord

Wed, 23 Sep 2020 10:15:24 GMT

ORIGINAL CASE DETAILS ON MOHAMMED JABATEH

Back in 2017, a man by the name of Mohammed Jabateh was convicted of federal immigration fraud and perjury charges in the Federal Eastern District Court in Philadelphia for hiding his past when applying for permanent residency in the United States. Jabateh had immigrated from Liberia in 1998 and started a shipping container business in Philadelphia all while getting married and supporting a family. Federal prosecutors sought to show that Jabateh was actually also known as “Jungle Jabbah,” a Liberian military commander and war criminal who was tied to countless murders, rapes, and other atrocities during Liberia’s civil wars. In looking to prove the government’s charges of immigration fraud and perjury, federal prosecutors had to tie Mohammed Jabateh to the murderous deeds of Jungle Jabbah. Federal prosecutors flew in 17 witnesses from Liberia to identify and testify about the atrocities that Jungle Jabbah committed on them and their families, which included murder, rape, and sex trafficking. Jabateh was then convicted and sentenced to 30 years in prison not technically for the alleged war crimes, but for immigration fraud and perjury. His federal sentencing guidelines were much lower than his actual sentence, which called for a sentence of between 15 to 21 months in federal prison.

SENTENCING APPEAL

Jabateh appealed his sentence to the Third Circuit Federal Court of Appeals stating that it was excessive given what he was convicted of. The Third Circuit Court agreed with the District Court judge’s decision to sentence Jabateh to more than 15 times his federal sentencing guidelines not just because of the gruesome nature of the charges alleged, but also because of how they believe Jabateh used the American system of asylum in reverse. The three-judge panel deciding the case at the Third Circuit found that Jabateh made a mockery of the United States asylum system which was designed to protect people who were fleeing from countries who abused human rights like Jabateh himself. Jabateh all along has openly said that he was involved in a rebel group, but he was also a victim of atrocities from the Liberian government and was not behind all of the murders, rapes, and sex trafficking that he was accused of. His defense further argued that the United States government essentially tried him in a criminal case over which the United States does not have jurisdiction of to begin with. Jabateh’s only remaining legal option is to seek an appeal by the United States Supreme Court.

HOW DOES THIS AFFECT ME?

If you received your legal status or citizenship in the United States based on a claim of asylum, then this can affect you directly. While most actions such as these were reserved for accused Nazi war criminals in the past, this decision and verdict has shown that the United States government can not only charge you with immigration crimes , then can also seek to prove you lied or hid the truth about those past crimes through a jury trial as they did with Jabateh. Even more concerning is the fact that a conviction for an immigration crime can result in an exponentially higher sentence that normally given if there are claims of extreme violence committed by the person accused. This decision can and will lead to other cases like it; where the United States government can look to prove someone guilty of crimes that occurred in other countries in order to prove that they lied on their applications for legal status in the United States. If you have any questions about what penalties you may face from an action against your immigration or asylum status, then it is important that you seek the advice of an experienced federal immigration crimes attorney.

What is the Hatch Act?

Wed, 23 Sep 2020 08:19:34 GMT

THE HATCH ACT EXPLAINED

The Hatch Act is a federal law that forbids federal employees from taking part in any political activities while they are operating in an official governmental capacity. It has been in existence for over 80 years and is named after former New Mexico Senator Carl A. Hatch (D). The Hatch Act has both civil and criminal provisions within it. The president and vice president are exempt from the civil provisions of the Hatch Act. They are, however, both bound by the criminal provisions of the Hatch Act which forbid intimidating, threatening, or coercing federal employees in any way to participate in political endeavors. The Hatch Act also forbids the President from the use of relief or public works funds for electoral purposes. The criminal provisions of the Hatch Act also bar federal employees from using their status and governmental authority to interfere or affect the election of the president and vice president. The purpose of the Hatch Act is to ensure that the federal workforce is able to function and operate without political influence or coercion in an effort to prevent public corruption .

DID PRESIDENT TRUMP VIOLATE THE HATCH ACT?

President Donald Trump has drawn heavy criticism over how the Republican National Convention (RNC) was prepared and conducted in relation to the Hatch Act. Governmental ethics experts have voiced that hosting the RNC events from the White House violates federal ethics law. During the RNC, both President Trump and First Lady Melania Trump used the White House as a backdrop for political purposes. President Trump granted a presidential pardon live from the White House, while First Lady Melania Trump gave a speech from the White House Rose Garden. President Trump even oversaw a naturalization live on television performed by acting Homeland Security Secretary Chad Wolf. Secretary of State Mike Pompeo has also faced scrutiny due to his speech performed from Jerusalem while there on official state business, using the city as a background. Provisions of the Hatch Act aim to prevent politicizing foreign policy and seek to keep federal employees and election activities largely separate. The Democratic party has called for a probe into alleged potential violations by federal employees of the Hatch Act during the RNC.

HOW DOES THIS AFFECT ME?

If you are a federal employee in any capacity, then this can affect you directly. While most federal employees are allowed to be an active part of political campaigns, the Hatch Act does forbid certain political activity by federal employees. Federal employees are not allowed to:

Run for public office partisan elections,
Use their official title when taking part in any political activity
Seek or accept contributions for partisan political candidates or groups, and
Take part in any political activity while on duty.

If you have any questions about what you are legally allowed to do under the provisions of the Hatch Act, then it is important that you seek the advice of an experienced federal public corruption attorney. Your activities as a federal employee are governed by laws that are designed to keep partisan political activities out of the day to day responsibilities of your job and role. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law as a federal employee. If you are in the public eye, then it is important to understand that you are also dealing with public trust. A loss of that trust can be devastating to any future career in government work, and a violation of federal public corruption laws such as the Hatch Act can have serious consequences.

Lack of Due Process in Denaturalization Cases

Wed, 23 Sep 2020 02:21:09 GMT

DUE PROCESS NOT GUARANTEED

The process of denaturalization is the process of stripping someone of his or her naturalized United States citizenship. The was a process that used to center around trying to remove Nazis and other war criminals from the United States as they misrepresented who they were in order to gain American citizenship. While this form of citizenship stripping used to be rare, the Trump administration and its disdain for everything related to immigration has led to a sudden and exponential increase of denaturalization cases over the last couple of years. The question here is why denaturalization? Why not charge someone with an immigration crime of some sort that could lead to stripping someone of their citizenship instead? The answer to these questions lies within the actual due process someone gets if they are the subject of a denaturalization action. Denaturalization is a civil action; this means that denaturalization cases follow the same federal rules of civil procedure as any other lawsuit. Since naturalized citizens are not required to update their addresses with the federal government, the federal government can “properly” serve a denaturalization lawsuit simply by leaving it at the naturalized citizen’s last known address. If the naturalized citizen doesn’t show up to court, they lose their case and are denaturalized, even if they had no idea that they were the subject of a denaturalization action.

THE CASE OF UNITED STATES V BALJINDER SINGH

In late 2017, the federal government pursued a denat uralization case against a man named Baljinder Singh. The government alleged that this man was previously known as Davinder Singh, a man who was ordered to be deported back in 1992. They further alleged that Davinder Singh (using the name Baljinder Singh) married a United States citizen in 1996 and was approved for permanent resident status (green card) in 1998. One would assume that Baljinder Singh could come in and simply prove he’s not Davinder Singh and be on his way. But, since there is no statute of limitations for denaturalization cases like there is for other regular civil cases, the federal government was not only able to bring this case against him some 25 years later, but also serve him in the most minimally acceptable means according to the federal rules. In the case of Baljinder Singh, he did not appear to his denaturalization hearing, and was ordered denaturalized as a default victory to the federal government. Whether Baljinder is actually Davinder was never determined on any facts or evidentiary hearing of any kind. Naturalized citizenship gone just like that, without any real due process to a United States citizen.

HOW DOES THIS AFFECT ME?

If you are a naturalized citizen, this can affect you directly. Many tend to believe that once you are awarded United States citizenship through naturalization, you are afforded the same rights as United States citizens that got their citizenship through birthright. This is mostly but not entirely true. As the case of Baljinder Singh has shown us, your citizenship can not only be taken away, it can be done decades later without you even having any knowledge about it. Due process in denaturalization cases is given such a lack of importance that it is truly startling. After reading something like this, it is normal to have questions about the possibility of losing your naturalized citizenship. If you have questions about the potential of being denaturalized or are currently facing the prospect of being denaturalized by the United States government, then it is important to speak to an experienced denaturalization attorney as soon as possible to understand what your options are.

Current NFL Player Indicted for Alleged Role in Pandemic Relief Fraud Scheme

Tue, 22 Sep 2020 18:02:11 GMT

ORIGINAL CASE DETAILS: NFL Free Agent Joshua Bellamy

Current NFL free agent Joshua Bellamy was recently indicted for his alleged role in a plot to defraud the United States government in filing fraudulent loan applications to receive forgivable money under the Paycheck Protection Program (PPP) as guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The PPP allows businesses who qualify to receive loans at a 1% interest rate which can later be forgiven if the businesses spend the money within a specific time period with a minimum percentage going towards payroll expenses. The criminal charges unsealed against Bellamy allege that he obtained a PPP loan worth in excess of $1.2 million dollars which he allegedly spent on luxury goods and trips to the casino. Bellamy is also alleged to have sought to get PPP loans for close friends and family members. In total, the overall conspiracy is alleged to involve nearly 100 fraudulent loan applications which in total are worth more than $24 million. Federal authorities have stated that nearly $17.5 million worth of these loans were approved and funded by various financial institutions. There are currently 10 other defendants facing charges for their roles in this alleged federal white-collar crime conspiracy. Bellamy was most recently a member of the New York Jets, but was released on September 8, 2020, just two days before he was arrested and charged in the current case.

CRIMINAL CHARGES AND POTENTIAL PENALTIES

Bellamy is facing federal charges of wire fraud, bank fraud, and conspiracy to commit both wire fraud and bank fraud. A description of these charges and potential penalties is as follows:

Wire fraud: This is a federal felony that alleges some sort of fraudulent scheme which causes the use of wire, telephone, radio, or other communications device to help further the fraud scheme. A conviction for wire fraud carries a maximum of up to 20 years in federal prison and a fine of up to $250,000. This maximum gets bumped up to 30 years in federal prison and fines of up to $1,000,000 when the alleged fraud scheme involves a presidentially declared disaster or federal financial institution.
Bank fraud: This is a federal felony that alleges a scheme to defraud a financial institution or obtain money from a financial institution due to some sort of false or fraudulent conduct. A conviction for bank fraud carries a maximum of up to 30 years in federal prison and a fine of up to $1,000,000.
Conspiracy to commit wire fraud: This is a federal felony that carries the same maximum penalties as the underlying offense. In this case, Bellamy faces the same maximum penalties as actual wire fraud.
Conspiracy to commit bank fraud: This is a federal felony that carries the same maximum penalties as the underlying offense. In this case, Bellamy faces the same 30-year maximum federal prison sentence and $1,000,000 fine as he does under his charge of bank fraud.

If you have any questions about the charges listed above, then it is advised that you speak to an experienced federal white-collar crime attorney who can best answer your legal questions.

FEDERAL FOCUS ON FRAUD AGAINST THE CARES ACT

The FBI along with federal prosecutors have put a strong focus on the investigation and prosecution of those who they suspect of defrauding the pandemic assistance fund. These federal pandemic assistance fraud cases are expected to become more commonplace as federal authorities start to catch up with those who federal authorities believe have defrauded the program through false and fraudulent PPP loans. If you are being investigated or have already been charged with an offense related to the pandemic assistance fund, then it is important to speak to an experienced federal white-collar crime attorney as soon as possible.

Attorney General Recommends Charging Protestors with Sedition

Tue, 22 Sep 2020 17:13:58 GMT

WHAT IS SEDITION?

Sedition is defined as some sort of overt conduct like public speech and public organization that is meant to resist or overthrow the established order. Under federal law, sedition is a form of federal conspiracy under the seditious conspiracy statute (18 U.S.C. § 2384) which states generally that if two or more people conspire to overthrow or oppose by force the authority of the United States government, or hinder the application of any law of the United States, then they are guilty of a federal felony. If convicted of sedition, one can be sentenced to up to 20 years in federal prison. Sedition is also against military law under Article 94 of the Uniform Code of Military Justice (UCMJ). The federal sedition statute has rarely been used in the past, as its reading can found to be in stark contrast with the rights afforded under the First Amendment to the United States Constitution regarding the freedom of speech. The current political climate has however brought the possibility of use of this little-known statute in order to try to stifle protests across the country. The last well-known federal case of sedition occurred in the state of Michigan where Judge Victoria A. Roberts of the Federal District Court dismissed charges of sedition and conspiracy against five members of the Hutaree militia, a Christian militia that existed in the Midwest. The case against them largely rested on the anti-police political speech that the group was known for.

ATTORNEY GENERAL BARR’S RECOMMENDATION

President Trump and Attorney General Bill Barr have made it clear that they intend to show that they support “law and order” and will do whatever they can in their power to enforce government authority. Barr has publicly compared the Black Lives Matter movement to Bolsheviks, which in the historical sense were a radical left party that formed in Russia over 100 years ago. In the derogatory sense, this means that Barr likens the Black Lives Matter movement to a group which has politically subversive or radical views. With this in mind, Attorney General Barr listed the sedition statute as one to consider when federal prosecutors are looking to charge protesters in a recent conference call involving Barr and United States Attorneys across the country. This push gives federal prosecutors the green light towards looking into filing charges stemming from a law that was passed in 1798 in order to stop people from overthrowing the newly formed government. If a protester does face a sedition charge, this charge would likely be in addition to whatever other types of charges related to the destruction of property or violence that a protester could be charged with.

WHY IS THIS IMPORTANT?

Whether you choose to believe it or not, we are currently at war in this country regarding our Constitutional rights. This is evident when the federal government is openly weighing to use a rarely used law alleging people are conspiring to overthrow the government in order to stifle protests and anti-government speech. This conflict has to do with a balance that has to be struck in assessing the importance of one’s rights as opposed to the importance of the power of government over its citizens. As citizens are taking to the street to oppose oppression, the government is flexing its muscle in trying to remind everyone who is in charge. If you or a loved one has been a victim of heavy-handed police while exercising rights to free speech at a protest, then it is important to speak to an experienced federal criminal defense attorney immediately.

Multiple Retired NFL Players Face Health Care Fraud Charges in Alleged Multimillion Dollar Scheme

Tue, 01 Sep 2020 12:26:23 GMT

NFL Players Face Health Care Fraud Charges

ORIGINAL CASE DETAILS

Back in December 2019, ten former National Football League players were charged in federal court in the Eastern District of Kentucky for their roles in an alleged health care fraud scam that spanned the entire country. The alleged health care fraud scam was aimed at the Gene Upshaw NFL Player Health Reimbursement Plan, which was set up for players and provided a form of medical care by reimbursing players for any out-of-pocket medical expenses that are not covered by the player’s health insurance policy. This reimbursement plan allowed for players, their wives and dependents to be paid back up to a maximum of $350,000 a year towards these out-of-pocket expenses. The reimbursement plan was allegedly defrauded out of $3.4 million dollars where players would submit false billings and falsely claim that they bought medical equipment in order to be “reimbursed” by the player plan. As of July 2020, six more players have been charged with similar offenses in a superseding indictment by federal prosecutors. The superseding indictment involves accusations that players falsely claimed they bought medical equipment that cost in upwards of $50,000 in order to be fraudulently reimbursed by the player reimbursement plan. One player in the superseding indictment was even accused of unlawfully using another player’s identity as part of the scheme, leading to aggravated identity theft charges. As of this writing, seven of the players have entered guilty pleas, while others continue to fight their cases.

CRIMINAL CHARGES AND POTENTIAL PENALITES

There are a variety of ways that federal authorities believe that this alleged health care fraud scam was carried out. There are multiple counts charged for each of the listed federal crimes below.

Health Care Fraud: A federal felony that carries up to ten years in federal prison for allegedly defrauding a health care benefit program.

Conspiracy to Commit Health Care Fraud: A federal felony that carries the same maximum as the underlying offense. In this case, this would carry the same 10-year maximum as actual health care fraud.

Wire Fraud: A federal felony that carries up to 20 years in federal prison for allegedly using any means of wire, radio, telephone or other communications device to devise a scheme to defraud.

Conspiracy to Commit Wire Fraud: A federal felony that carries the same maximum as the underlying offense. In this case, this charge would carry the same 20-year maximum as actual wire fraud.

Aggravated Identity Theft: A federal felony that carries an additional two-year sentence in addition to any other term of incarceration. If you have any questions about the federal charges listed above, then it is important that you seek the advice of an experienced federal health care fraud attorney so they can best answer your questions.

If you have any questions about the federal charges listed above, then it is important that you seek the advice of an experienced federal health care fraud attorney so they can best answer your questions.

HOW DOES THIS AFFECT ME?

If you receive a benefit from a federal health care program, this can affect you directly. Even if you are not a formal NFL player accused of defrauding a health care reimbursement fund, you can still find yourself charged with federal health care fraud if you are not truthful in your dealings with a federal health care provider. Anytime a billing or reimbursement from Medicare or Medicaid in perceived to be fraudulent, you can be sure that an investigation and potential criminal charges could soon follow. It is important that you understand that ignorance of the law is not a defense. The fact that you may not have known the law cannot help you in defending against federal criminal charges. If you have been charged with federal health care fraud or are being currently being investigated, then it is imperative that you seek the advice of an experienced federal health care fraud attorney as soon as possible to best understand your current legal options.

The Dangers of Testifying in a White-Collar Crime Investigation in Front of a Grand Jury

Mon, 31 Aug 2020 18:04:39 GMT

WHAT IS A GRAND JURY?

A grand jury is a group of citizens that are called upon by the court to help determine whether or not criminal charges should be brought based on the available evidence. In the federal system, a federal grand jury is made up of 16 to 23 people. These people are convened as a grand jury for a period of one month up to a year, even though they are typically only expected to appear a few days per month. The proceedings before a grand jury are kept strictly private, and the grand jury acts like an investigative body without any real oversight by a judge or prosecuting attorney. A federal prosecuting attorney is often the only attorney in the federal grand jury room, looking to present the evidence they suggest proves the existence of criminal activity on the part of an individual or an organization. When a federal grand jury is investigating illegal activity involving an organization, then it is likely that the federal grand jury is tasked with determining whether there is the existence of any federal white-collar crime . When there is an investigation involving potential white-collar crime, then a federal grand jury proceeding can be the catalyst to numerous federal criminal charges.

WHAT TYPES OF INFORMATION MAY A GRAND JURY SUBPOENA?

A federal grand jury can issue a subpoena to force you to either testify, produce documents or objects, or require you to both testify and produce specific documents. You will either be subpoenaed as an individual or as a custodian of records for a business or other organization. If a federal grand jury has subpoenaed you to testify, then you will be required to appear before a federal grand jury to answer questions about the potential illegal conduct in question. If you are before a federal grand jury to bring and/or testify about documents, then it is important to understand the scope of questions that you are required to answer. Federal prosecutors will routinely ask questions designed to implicate you or other members of your business or organization in various forms of white-collar crime without you even knowing it. The Supreme Court has ruled that as a corporate custodian of records, you are only required to answer questions related to how the documents were gathered. A federal prosecutor may call you multiple times to testify in front of a grand jury, which can also produce inconsistent testimony which can land you in more trouble. Grand juries are enormously powerful, as they can determine when federal criminal charges are issued, and how serious the charges are.

HOW DOES THIS AFFECT ME?

If you have been subpoenaed to testify or bring documents before a federal grand jury, then this can affect you directly. You are allowed to have a lawyer to assist you if you are facing a federal grand jury subpoena. Your attorney can’t be inside the grand jury room with you while you testify, but he or she can be right outside the room waiting to answer any and all of your questions. You have the right to consult with your attorney before answering any and every question posed by the federal prosecutor and the grand jury during a grand jury proceeding. You may be able to avoid answering certain questions by “pleading the fifth” or invoking your rights under the Fifth Amendment of the United States Constitution against self-incrimination. Going into a federal grand jury proceeding without legal counsel or otherwise incorrectly responding to a federal grand jury subpoena can have catastrophic consequences. Cases that involve the required production of documents can often be tied to various forms of federal white-collar crime. If you are facing a federal grand jury subpoena, then it is important that you seek the advice of an experienced federal criminal defense attorney as soon as possible.

The “Hub, Spokes, and Rim” Defense in Conspiracy Law

Mon, 31 Aug 2020 17:16:39 GMT

THE POWER OF A CONSPIRACY CHARGE

A federal conspiracy charge is among the most powerful and easiest to charge arising from federal criminal law. A conspiracy is defined most simply as an agreement between two or more people to commit an illegal act. A federal prosecutor has to ability to combine a number of defendants together on minimal evidence that shows they have some common criminal purpose. When defendants are combined like this, it also allows for relaxed rules of admissibility of evidence where the prosecutor will have an easier time admitting alleged acts or statements of conspirators against one another. This also allows for big, multi-defendant trials which make it exceedingly difficult to separate a defendant from the group of alleged co- conspirators. This power to join defendants together led to the United States Supreme Court having to take action to limit and define what the proper scope of conspiracy laws are.

EXAMINING THE RULING IN KOTTEAKOS V UNITED STATES

More than 70 years ago, the United States Supreme Court looked to limit and define the proper scope of federal conspiracy law through the case of Kotteakos v United States. The Supreme Court held in Kotteakos that in order to properly charge a single conspiracy, all co-conspirators that are linked with a common individual must also be linked with each other. If the co- conspirators are not linked to each other in some way, then this would result in a number of smaller conspiracies. The decision in Kotteakos saw the Supreme Court liken a conspiracy to a wheel where the “hub” is the common individual and the “spokes” are each individual conspirator. Each “spoke” is connected to a common “hub.” In order for them to all be together in a single conspiracy it would require a “rim” to connect them. This has come to be known as the “hub, spokes, and rim” defense to conspiracy. The whole point of the holding in Kotteakos is that in order for people to be in a conspiracy with each other it has to be shown that they knowingly entered into an agreement together to commit a crime. When people are accused of being in a conspiracy together, they are often tried together in a trial. Aside from the potentially higher punishment for actions of the whole conspiracy, this practice also subjects people to unfair prejudice when they aren’t part of a grander conspiracy as alleged.

HOW DOES THIS AFFECT ME?

If you are being investigated or have been indicted on a federal conspiracy charge, then this can affect you directly. It is common for federal prosecutors to attempt to charge one large single conspiracy instead of multiple smaller conspiracies as the punishments are higher and combining defendants allows for an easier trial for the government. You should not be held accountable for the actions of unknown “partners” in a conspiracy that you did not agree to be a part of. A recent example of this has appeared in the college admissions case of Unite d States v S idoo, where 38 parents were charged with a conspiracy when they were alleged to all independently work with the same person who promised to get their kids into prestigious and highly selective universities through fraudulent means. In this case, the defense has argued that the “hub and spokes” are not connected together with a “rim,” and as such, should be charged as smaller, individual conspiracies. A dozen of these parents have fought these charges and are scheduled for trial, while others have accepted various plea agreements. If you are facing a criminal charge for conspiracy or have any questions about federal conspiracy law, then it is imperative that you seek the advice of an experienced federal conspiracy attorney as soon as possible.

Feds Charge Duo in Alleged $270 Million Dark Web Drug Trafficking Scheme Using Bitcoin

Mon, 31 Aug 2020 16:44:24 GMT

Dark Web Drug Trafficking with Bitcoin

ORIGINAL CASE DETAILS

A seven-count indictment recently released by federal prosecutors allege two people were engaging in the illegal sale of opioids on the dark web in a form of online drug trafficking . The indictment alleges that the one of the co-conspirators would illegally purchase drugs such as OxyContin and morphine pills from the other co-conspirator who was a pharmacist in Costa Rica. The buyer would then list and sell narcotics on various markets on the dark web including Silk Road and AlphaBay and would be paid using bitcoin cryptocurrency. It was alleged that bulk shipments of these illegal narcotics would make their way to the United States hidden in tourist souvenirs such as maracas. The narcotics would then be removed from the maracas for example and would be repackaged and sent directly to the consumer via mail. It is alleged that the reseller of the opioid pills was paid nearly 24,000 Bitcoin during his time selling on the dark web. 24,000 Bitcoin currently equates to over $270 million. Both the pharmacist and reseller of the opioid pills were recently indicted by a federal grand jury resulting in federal charges for conspiring to distribute controlled substances, distributing controlled substances, conspiring to import controlled substances, conspiring to launder money, and money laundering.

FEDERAL GOVERNMENT EFFORTS TO STOP DARK WEB DRUG TRAFFICKING

The federal government has strengthened their commitment and intensified their efforts towards curbing dark web drug trafficking. Investigators have been joined by blockchain analytics companies like Chainalysis and Elliptic who have offered to help law enforcement uncover illegal drug trafficking online. While Bitcoin appears to be totally anonymous, the transactions using Bitcoin are publicly available and can be linked to people in various ways. The FBI created the Joint Criminal Opioid Darknet Enforcement Team , or J-CODE back in 2018 and have continued to grow their efforts by working with police authorities all over the world in an effort to stop illegal dark web drug trafficking at both ends. This case was actually investigated by the IRS-CI Cyber Crimes Unit, which is a division of the IRS that looks to investigate and uncover acts that are associated with money laundering and tax evasion. To put it plainly, dark web drug trafficking is in the crosshairs of the federal government in a number of ways. Federal authorities will continue to pursue the war on drugs whether it is in person or online as they play a seemingly never-ending game of cat and mouse.

HOW DOES THIS AFFECT ME?

If you have visited the dark web in order to look at or purchase illegal narcotics, then this can affect you directly. Even if you are not the distributor of the drugs, you can still be charged for buying or possessing illegal drugs as an end user. Even though federal authorities like to go after the main distributor or “big fish” when they investigate and pursue drug trafficking cases, they will still pursue buyers or anyone else potentially involved in order to move up the food chain. It is not uncommon to see a number of lower-level offenders be charged in an effort to gain information as who federal authorities believe is at the top levels of the alleged operation. Buying drugs online can cause you even more legal trouble than buying them on the street. If you are facing a federal drug trafficking charge, or are being investigated for one, then it is imperative that you speak to an experienced federal drug trafficking defense attorney as soon as possible.

What Is a “Waiver” in Deportation Proceedings?

Fri, 14 Aug 2020 18:34:29 GMT

Understanding Deportation and Removal Proceedings in General

Firstly, it is important to note that the terms “deportation” and “removal” actually mean the same thing. The technical legal term for deportation is removal. Unless you are a citizen of the United States, a wide range of occurrences can lead to your removal. The most common reasons why people are removed from the United States is due to the violation of either criminal laws and/or immigration laws. If a non-citizen is subject to removal, they are notified by Immigration and Customs Enforcement (ICE) that they need to appear for a removal hearing. If the initial information that determines the non-citizen is removable is verified, that non-citizen will have the opportunity to apply for various forms of relief which may allow them to remain in the United States. One main form of relief is an immigration waiver. A waiver is a form of clemency for a specific immigration violation. If a waiver is granted, it can give a legal forgiveness to an issue that would typically bar the ability to gain and keep lawful permanent residence in the United States.

COMMON TYPES OF IMMIGRATION WAIVERS

There are a number of waivers available for different scenarios, the most common waivers are:

Waiver for Criminal Grounds or Immigration Fraud
Extreme Hardship Waiver
Waiver of Inadmissibility
Waiver of Unlawful Presence Bars

Whether you are deemed inadmissible for committing a criminal offense, committing immigration fraud, or have already been deported, you may be eligible for a waiver. There are a wide range of waivers available that will allow you to stay in or enter the United States legally. Did you know that some immigration violations can lead to bars from reentry into the United States for a period of years that can also be permanent? It is important to understand that the only way that a waiver will be granted is if you are first eligible for the waiver, and that you present your argument for your waiver in the most complete and effective way possible. Most attorneys that do not have significant experience dealing with immigration law and immigration courts find it difficult to properly help their clients with applying for and being successful in getting a waiver. In many cases a waiver is only granted if the person seeking the waiver would suffer an “extreme hardship” if that waiver is not granted. Types of extreme hardship include medical issues involving family, financial issues involving family, and political problems in the non-citizens home country. If a non-citizen facing deportation is able to show that their country is in an active state of war for example, and it is not safe for them to return, then they may qualify for a waiver.

HOW DOES THIS AFFECT ME?

If you are not a citizen of the United States, this can affect you directly. The only people who are not subject to removal from the United States are natural born citizens of the United States. Even people who were born outside the United States and are naturalized citizens have the potential to have their citizenship stripped and be removed as well in specific situations. If you are facing the potential of deportation and removal , it is important that you speak to an experienced deportation and removal attorney immediately. You may be eligible for a waiver which could not only prevent you from being removed, it may then result in you getting awarded status as a legal permanent resident or naturalized as a United States citizen.

What Is a Crime of Moral Turpitude?

Fri, 14 Aug 2020 18:31:40 GMT

Understanding What Defines a Crime of Moral Turpitude

If any component of the Department of Homeland Security determines that a non-citizen has committed an offense that is a crime of moral turpitude, that non-citizen can face dire consequences. Crimes of moral turpitude routinely lead to the de portation and rem oval of non-citizens every day. The problem with this is that a crime of moral turpitude is not so easily defined. The typical definition of a crime of moral turpitude is one that involves elements that are “morally reprehensible and intrinsically wrong.” These crimes include crimes of violence, conspiracy, and theft among others. An actual list of what is and isn’t a crime of moral turpitude does not exist, however. These cases are determined on a case-by-case basis. Incredibly, the law does not require an actual conviction of a crime, but only needs there to be an admission to certain elements to be classified as committing a crime of moral turpitude. So, if you take a “first-offender deal” where you plead guilty but end up with nothing on your criminal record, you can still find yourself in immigration court fighting for your right to remain in the United States. A classification of a crime of moral turpitude can result in either grounds for removal or inadmissibility. It can either get you deported from the United States or keep you from ever entering to begin with. A crime of moral turpitude is also an obstacle to proving “good moral character” and could make someone ineligible to get naturalized as a United States citizen.

PETTY OFFENSE EXCEPTION

There are a couple safe harbors and limited exceptions to what is defined as a crime of moral turpitude. Once such exception is what is known as “the petty offense exception.” The petty offense exception applies to offenses who have a maximum possible penalty of one year in jail. In addition to the charge carrying a maximum of a year or less, the defendant must have not been sentenced to more than six months of jail. If the defendant has been sentenced to longer than six months in jail and is released early, the defendant will not get any credit for immigration purposes. It is the actual sentence of the sentencing judge that matters, not how long the defendant actually was incarcerated. This also applies to those cases where the person did not end up with an actual conviction but made admissions that satisfy the moral turpitude standard.

HOW DOES THIS AFFECT ME?

If you are a non-citizen and you are facing current criminal charges or are having to answer for previous conduct, you are at risk directly for deportation and removal because of a crime of moral turpitude. As stated before, there is no exact list that includes every crime of moral turpitude; so, for an analysis of your current situation, it is important to speak to an experienced deportation and removal attorney. The determination of this single issue can be the deciding factor in whether you are allowed to enter or stay in the United States. The intersection of immigration and criminal law can be quite complicated and hard to follow. Oftentimes, an immigration attorney will need the assistance of a criminal defense attorney to help keep their client from being deported because of current or prior criminal charges. It is important to know that at Bajoka Law, we have significant experience in both criminal and immigration court. We will use this experience and knowledge to your benefit.

Bajoka Law Deportation Case Sets Precedent in Sixth Circuit

Fri, 14 Aug 2020 18:27:19 GMT

Original Case Details on Marqus v. Barr

In the Bajoka Law Group case of Marq us v. Ba rr , our client Marqus is a native and citizen of Iraq who was admitted to the United States as refugee back in 2012, and later became a lawful permanent resident (green card holder) in 2017. As the result of a criminal conviction, the United States government initiated removal proceedings against him. There exists a great likelihood that Marqus would be subject to torture if he was removed to Iraq because he is a Chaldean Christian who was previously tortured by both the Iraqi military and the Popular Mobilization Forces, an Iraqi state-sponsored organization composed of some 40 militia groups that operate within Iraq. After a removal hearing, the Immigration Judge decided that Marqus was not eligible to stay in the United States under the Immigration and Nationality Act (INA) or under the Convention Against Torture (CAT). This decision was appealed to the Board of Immigration Appeals (BIA). In the appeal to the BIA, we looked to submit additional evidence to be considered on Marqus’s behalf explaining the risks he faces if deported. The BIA summarily denied the motion to submit new evidence in a five-sentence single paragraph that lacked any explanation or reasoning behind their decision. This decision, along with others in this case, was appealed to the United States Court of Appeals for the Sixth Circuit for review.

DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

In deciding this deportation and removal case, the United States Court of Appeals for the Sixth Circuit ruled that the BIA denied Marqus’s motion “with little more than a bald statement that the new evidence is insufficient to meet his burden of proof to establish his claim for deferral of removal.” The Court also noted that the BIA themselves even recognized that “the new evidence [Marqus] presents on appeal might help with his argument that Iraqi Christians or deportees without identification documents are at risk of detention and torture.” Unfortunately, however, the BIA did not explain why or how they came to the decision to deny the introduction of the new and potentially impactful evidence. The BIA simply denied the motion without much further thought or discussion. The Sixth Circuit Court decision now sends the case back to the BIA and requires them to either explain or change their position on the new evidence.

HOW DOES THIS AFFECT ME?

When a federal case is appealed to a higher court such as the court of appeals or potentially the United States Supreme Court, the decision in that case has the potential to set the law for that federal circuit or potentially the entire country. Most times, the decision and related opinion of a case only applies to that specific case. Other times, a case that is being reviewed raises a new legal question that the higher court decides needs an answer, and “publishes” the case. When a case is “published,” it means that this case can now be cited as an authority on a specific legal issue. In other words, a legal decision in that case has now become the law of the land. In the case of Marqus v. Barr , the Sixth Circuit Court of Appeals has now made a requirement that any potentially significant new evidence to support a claim of obtaining CAT relief is deserving of consideration and legal analysis before any decision is made. This means that the BIA can’t just deny the request without properly assessing the information and stating on the record reasons for or against any denial. The decision in this case has the potential to affect countless non-citizens facing

What Is the Foreign Corrupt Practices Act (FCPA)

Fri, 14 Aug 2020 08:36:54 GMT

Understanding the Foreign Corrupt Practices Act (FCPA)

The Foreign Corrupt Practices Act (FCPA) is a law originating from the United States that targets international corruption. Specifically, the FCPA forbids bribery of foreign officials and requires certain accounting practices in order to prevent covering up corrupt activities. The FCPA received strong backing from American companies who were not able to keep up in the international marketplace, where bribes and other corrupt acts were common and generally accepted. The anti-bribery provision of the FCPA outlaws payments of bribes or gifts to officials of foreign governments, politicians, and political parties. Certain types of payments are allowed under the FCPA if the actions are lawful under local written law or the expenditure is a reasonable and bona fide one. Payments made to facilitate or “grease the wheels” are allowed in very limited circumstances and are exempt under the FCPA.

FCPA IN PRACTICE

Federal public corruption as a violation of the FCPA can be established if certain elements are present and proven by the government against you. Violations of the FCPA can result in both criminal and civil liability. In order to establish a violation of the FCPA, the government has to prove three main elements:

The accused used a form of interstate commerce, such as a telephone, the internet, or the mail;
The accused offered to give something of monetary value to a sitting foreign official, politician, or political party; and
The accused sought to influence a government action or gain an unfair advantage, and did so knowingly, willfully, and/or corruptly.

The FCPA has provisions that require businesses to have specific requirements on recordkeeping and other internal controls designed to make it more difficult to hide corrupt and illegal activities. Surprisingly, the FCPA doesn’t actually outlaw the acceptance of an alleged bribe by a foreign official. This doesn’t mean that the United States has not gone after officials it suspects of accepting bribes, they just do it a little more creatively. One approach federal prosecutors have used in order to combat the acceptance of bribes by foreign officials is prosecution under the United States money laundering statute.

HOW DOES THIS AFFECT ME?

If you own or work in a business that has dealings in foreign countries, then you might be at risk. Bribery and other forms of corruption are unfortunately too common in other countries and are sometimes seen as simply the cost of doing business. While foreign officials may be more insulated from the long reach of American law, you, as an American, are not. The FCPA was designed to keep American businesses in line and under control even when they are doing business in other countries. Even if non-Americans might be profiting around you from bribery and other forms of corruption when doing business overseas, you and your company are barred from doing so under the FCPA and other applicable federal law. Your role in these situations will be scrutinized by investigators as they try to build their cases against those it suspects of corrupt behavior. If you have any questions relating to public corruption, it is important that you speak to an experienced federal public corruption attorney as soon as possible. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you have a business that operates in other countries, then you will need to understand the detail and nuance of the FCPA to make sure you remain in compliance and out of trouble.

The Importance of Kelly v. United States Toward Public Corruption

Fri, 14 Aug 2020 08:33:18 GMT

Background of Bridgegate

The George Washington Bridge, which connects New Jersey to New York, is the busiest motor-vehicle bridge in the world. “Bridgegate” was a United States political scandal in which a staff member and appointees of New Jersey Governor Chris Christie colluded to create traffic jams in Fort Lee, New Jersey, by closing two of the three toll lanes for a local street entrance during morning rush hour, without prior notice to anyone. The lane closures caused backups and gridlock on local streets until the lanes were opened 4 days later. It was suggested that the lane closures were intentional and politically charged. Specifically, it was said that they did this to punish the mayor of Fort Lee for refusing to support Governor Christie’s reelection effort. A federal investigation was launched which resulted in indictments for deputy chief of staff Bridget Anne Kelly, and staff members Bill Baroni and David Wildstein. Wildstein pled guilty and cooperated with the government by testifying against Kelly and Baroni. They were found guilty on all counts. Kelly and Baroni appealed their convictions, which resulted in the case being heard by the United States Supreme Court in Kelly v. United States .

THE SUPREME COURT DECISION IN KELLY V. UNITED STATES

In the case of Kelly v. United States, the United States Supreme Court unanimously ruled that Kelly and Baroni did not commit any federal crimes. The Court found that the officials did not obtain any money or property when they shut down the toll lanes. In the Court’s eyes, they did use their governmental authority for corrupt and fraudulent reasons; but since they did not profit off of their activity, they would not be held criminally liable for public corruption. The Court questioned federal prosecutor’s interpretation of the federal bribery statute, insisting they were going way too far. Even though the Court wasn’t exactly thrilled with the conduct itself, they viewed the conduct as political and not criminal. Attorneys for Kelly and Baroni in their trial viewed the actions as simply “bareknuckle New Jersey politics.” The Supreme Court’s unanimous decision in this case makes it clear that in order to convict someone for public corruption, the activity has to include some sort of profit or benefit from the conduct.

HOW DOES THIS AFFECT ME?

If you are a public official at any level of government, you might be at risk. Temptations to abuse public positions for personal gain are far too common, and unfortunately not everyone is able to always resist these temptations. Sometimes, people in various positions in government don’t even realize the illegal activity they are participating in. Many times, a specific work culture can be what opens the door to federal public corruption charges. The people around you might be profiting from illegal and corrupt behavior without you even realizing it. Your role in these situations will be scrutinized by investigators as they try to build their cases against those it suspects of corrupt behavior. If you have any questions relating to public corruption, it is important that you speak to an experienced federal public corruption attorney as soon as possible. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you are in the public eye, then you are also dealing with public trust. A loss of that trust can be devastating to any future career in government work.

What Is the Emoluments Clause?

Fri, 14 Aug 2020 08:28:10 GMT

What Public Officials Need to Know About the Emoluments Clause

The foreign emoluments clause can be found in Article I, Section 9 of the United States Constitution. The emoluments clause specifically reads, “No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of congress, accept any present, emolument, office, or title, of any kind whatever, from any King, Prince, or foreign state.” The aim of the foreign emoluments clause is to discourage American leaders from being influenced by gifts or titles given to them by foreign governments and royalty. America’s founding fathers were truly ahead of their time in how they designed our government and sought to protect and insulate against federal public corruption in many ways. The emoluments clause was written to prevent a president who also happens to be a businessman from profiting off of his title as President of the United States. Current President Donald Trump has long been in the crosshairs for his alleged wide-ranging business activities. One allegation brought by the Attorney Generals of both the state of Maryland and well as the District of Columbia for instance, accuses President Trump of violating the federal emoluments clause by maintaining a financial stake in the Trump International Hotel in Washington D.C. and allowing foreign officials and governments to stay in the hotel and pay for their stays.

CURRENT EMOLUMENTS CASE OF BLUMENTHAL V. TRUMP

In the case of Blumenthal v. Trump, 29 democratic members of the Senate and 186 democratic members of the House of Representatives acting as plaintiffs alleged that President Trump violated the federal emoluments clause. These members of Congress are seeking the ability to case a binding vote on whether Trump can accept an emolument since the Constitution requires “the consent of Congress” to do so. The big issue so far in this case is that of standing. In September of 2018, the United State District Court for the District of Columbia ruled that the plaintiffs in this case did have standing to sue President Trump and allowed the case to continue. The President later found relief in February of 2020 when the D.C. Circuit Court ordered that the September 2018 ruling by the District Court be reversed, stating that the plaintiffs in this case actually did not have standing to sue as they are not the majority in Congress. The case is now pending the decision of a writ of certiorari to the United States Supreme Court, who will make the final decision on the case if they choose to accept the case.

HOW DOES THIS AFFECT ME?

If you are a public official at any level of government, you might be at risk. The federal emoluments clause does not only apply to the President of the United States. The Department of Justice generally finds that most federal personnel hold some sort of office of profit or trust. This includes all military personnel whether active or retired and all civilian full-time federal employees. If you have any questions relating to public corruption as it relates to the emoluments clause, then it is important that you speak to an experienced federal public corruption attorney as soon as possible. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you are in the public eye, then you are also dealing with public trust. A loss of that trust can be devastating to any future career in government work.

Frequency of Fraud and Bribery in Federal Public Corruption Cases

Fri, 14 Aug 2020 08:24:30 GMT

A 30-Year Analysis of Federal Corruption Statistics

Recently, a federally funded research team from Virginia Commonwealth University did a comprehensive study of almost 57,000 federal corruption cases over a 30-year period. This study was designed to help federal authorities both prevent corruption and catch it sooner. The top two criminal corruption charges at both the state and federal level are fraud and bribery. For just over 40% of all analyzed cases, fraud was the focus, while bribery was the focus for just under 36% of all analyzed cases. This means that fraud and bribery combined account for nearly 76% of the lead charges in cases which resulted in convictions. The other two most common federal corruption charges were extortion and conspiracy, even though they were far less prevalent than fraud and bribery. Researchers concluded that fraud, bribery, extortion, and conspiracy were the four prevalent categories of corrupt behavior which “form[ed] the operational meaning of corruption in practice.”

A two-year study into 2,400 cases identified the top eight categories of corrupt behavior, they are:

Receiving a bribe
Soliciting a bribe
Extortion
Contract fraud
Embezzlement
Official misconduct
Obstruction of justice
Violation of regulatory laws

Researchers found that those in public service at the state and local level were at a higher risk for public corruption. Local public officials were often unsupervised and did their job part time, leading to a lack of professionalism in culture and practice.

MAJOR MOTIVATORS FOR PUBLIC CORRUPTION

A separate part of the research into federal public corruption statistics gathered and sorted statistics related to the major motivating factors which lead to public corruption. There are four major categories of motivation for criminal public corruption:

Positive – this category is for offenders who are motivated by external factors, like money or prestige, that push the person towards crime.
Classical – this category is for offenders who make an individual decision to benefit as much as possible from their corrupt behavior.
Structural – this category is for offenders whose behavior is driven by systemic political and economic reasons.
Ethical – this category is for offenders whose behavior is steered by individual decisions to act either ethically or wrongfully.

The most common category of motivation for criminal public corruption was the ethical category carrying 38% of the overall cases. Structural motivators were the cause of public corruption 28% of the time, while 19% of offenders were motivated by classical reasons. Only 15% of federal public corruption cases were motivated by reasons from the positive category.

HOW DOES THIS AFFECT ME?

If you are a public official at any level of government, you may be at risk. Temptations to abuse public positions for personal gain are far too common, and unfortunately not everyone is able to always resist these temptations. Sometimes, people in various positions in government don’t even realize the illegal activity they are participating in. Many times, a specific work culture can be what opens the door to public corruption. If you have any questions relating to public corruption, then it is important that you speak to an experienced federal public corruption attorney as soon as possible. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you are in the public eye, then you are also dealing with public trust. A loss of that trust can be devastating to any future career in government work.

What is Operation Streamline?

Wed, 12 Aug 2020 10:29:54 GMT

DHS and DOJ Initiative to Criminalize Illegal Entries into the U.S.

Operation Streamline is an initiative of the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to criminalize illegal entries into the United States, which was launched in 2005. The United States-Mexico border is the main “zero tolerance” zone under Operation Streamline, where everyone who enters without proper inspection at the border can face detention, criminal charges, and deportation. Under Operation Streamline, if you are caught crossing the border without inspection you can face one of two criminal charges:

Illegal Entry: This is a misdemeanor charge that is reserved for first-time offenders. A conviction for illegal entry carries a maximum of six months in jail.
Illegal Re-entry: This is a felony charge that is reserved for anyone who has been deported in the past and is attempting to re-enter again without proper inspection. A conviction for an illegal re-entry carries up to 2 years in federal prison. This maximum can increase to 10 and 20 years if the reason for the deportation was due to a conviction of a felony or aggravated felony.

After sentencing is completed for either an illegal entry or an illegal re-entry conviction, the individual is then deported. Illegal entry is the most commonly filed federal criminal charge out of all possible federal criminal charges for anything. In 2018, 62% of all suspects prosecuted for immigration crimes were prosecuted for illegal entry.

CRITICISMS OF OPERATION STREAMLINE

Operation Streamline works on a deterrence theory. The belief is that if the United States is harsh on illegal entries and illegal re-entries it will reduce crime as people would then be more scared to cross, fearing criminal prosecution. Many have criticized this approach as being too simplistic and ineffective. It takes an enormous amount of resources and money to run Operation Streamline, where people are taken through the criminal process, sentenced to jail or prison, and then deported. Others have criticized Operation Streamline as being a waste of resources when they should be focused on more important issues like drug smuggling, human trafficking, and gang activity. This bloated number of cases that come with Operation Streamline have put a great burden on the federal courts, where in some cases 90 defendants are represented by one attorney at the same time. Operation Streamline annually costs well over $100 million in court proceedings and over $50 million for custody and imprisonment.

EFFECTS ON IMMIGRATION RELIEF

The long-term impact that a non-citizen may face when they are caught and prosecuted for illegal entry may not be obvious at first while that person is dealing with their immediate legal issues. But in the long term, a conviction for an illegal entry or illegal reentry can have very harmful consequences on that person’s immigration case. It could result in it becoming impossible to be able to become a lawful permanent resident (green card holder). If a non-citizen is convicted of two or more offenses for which the combined prison sentence is five or more years, then a person would be deemed inadmissible. Many plea agreements that are used in illegal entry and illegal re-entry cases have provisions that require non-citizens to waive any legal claims of immigration relief they might have. Claims of relief that non-citizens are routinely required to waive are claims of asylum and protection under the United Nations Convention Against Torture. If you have any questions related to illegal entry or re-entry charges, or are looking to adjust your status, then it is important to seek the advice of an experienced federal immigration attorney as soon as possible.

What is the Immigration Control and Reform Act (IRCA)?

Wed, 12 Aug 2020 10:26:05 GMT

An Amendment Aimed at Controlling High Rates of Illegal Immigration

HISTORY AND PURPOSE OF THE IRCA

The Immigration Control and Reform Act (IRCA) was passed in 1986 as an amendment to the Immigration and Nationality Act, which was passed in 1952. The IRCA was passed to try to control exceedingly high rates of illegal immigration at the time which saw many employers illegally giving jobs to undocumented immigrants. The stated purpose of the IRCA is to help reserve jobs for those who are here legally. There are a few exceptions that exist for undocumented immigrants under the IRCA, which include workers who illegally entered the United States before 1982, and certain workers that are employed in agriculture jobs. The IRCA makes it illegal to hire or refer individuals who do not have proper work authorization from the federal government. A failure to follow hiring guidelines under the IRCA can result in fines in excess of $5,000 per undocumented employee and the possibility of jail time. Immigration and Customs Enforcement (ICE) is in charge of enforcing the laws under the IRCA.

EMPLOYER REQUIREMENTS UNDER THE IRCA

Employers in the United States can only hire either citizens or immigrants who have been given federal authorization to work. A failure to do so can result in the charging of immigration crimes . A United States employer can only hire workers who fall into one of the following categories:

United States citizen
Non-citizen national
Lawful Permanent Resident (Green Card Holder)
Non-citizen who is authorized to work

As part of the requirements under the IRCA, employers are required to complete an I-9 Form for every employee when they are hired. Employers are also required to inspect identification documents of their employee. It is federally illegal for an employer to ask a prospective employee their country of citizenship and/or proof of their legal immigration while they are being interviewed. These documents and other credentials can only be asked for by employers after a job offer is made to the prospective employee. It is also prohibited under the rules of the IRCA to knowingly recruit and hire workers without proper work authorization. ICE has stepped up their enforcement of all things related to the IRCA during the Trump administration.

HOW DOES THIS AFFECT ME?

If you are a business owner of any kind who has employees, then this can affect you directly. Employers face a fine of up to $1,000 for every employee who doesn’t have a completed an I-9 Form within three days of hire. This goes for every employee an employer hires, even United States citizens. Employers facing sanctions for alleged violations of the IRCA also stand to have an increased focus and attention on their business operations by the federal government. Once ICE agents believe that you are illegally employing a single person, your entire business gets put under the proverbial microscope. If you are facing alleged violations under the IRCA, then it is important to seek the advice of an experienced federal immigration crimes attorney immediately. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you have a business that operates in the United States, you will need to understand the detail of the provisions of the IRCA to make sure you remain in compliance and out of trouble. If you are an undocumented non-citizen who is looking to be employed by a United States company, you will need proper work authorization to do so.

Understanding Marriage Fraud Under U.S. Federal Immigration Law

Wed, 12 Aug 2020 10:22:36 GMT

What Constitutes Marriage Fraud?

A fake or fraudulent marriage that is entered into for the purpose of evading United States immigration laws is what is known as a “sham” marriage. A sham marriage is an immigration crime under United States federal immigration law. The most common type of sham marriage is one where there is money paid to marry someone who can then help sponsor the non-citizen for a green card as a spouse. A couple must intend for their marriage to be a real one and must prove that intention through their actions as a married couple. A marriage-based immigration application can also be considered fraudulent if the marriage itself isn’t legally valid for some reason. The most common reason that a marriage isn’t legally valid is because one of the spouses is currently married to another person. In this case it does not matter if the intention of the new marriage is real when both spouses can’t legally enter into a marriage contract to begin with. If both spouses are not legally single (divorced) at the time of their marriage to each other, then the immigration application can be considered fraudulent.

HOW THE GOVERNMENT SEEKS TO UNCOVER MARRIAGE FRAUD

The United States government, through its agencies, has made the detection of marriage fraud a top priority. The two main agencies that aid the United States government in detecting marriage fraud is United States Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). USCIS and ICE will use various tactics to try to uncover whether a marriage is real or not. The first hurdle that they will make couples jump through is to require an extensive amount of documentation from both spouses. This includes birth certificates, work and criminal history, among other required documents. Marriage-based immigrants also face lengthy and detailed interviews to test the validity of the information about how the couple met, what they like to do together, and what are their long-term goals. A demonstration of trust between couples can be shown through joint bank and credit card accounts, as well as the co-ownership of property. If the government suspects that the marriage between a couple to not be for its proper purpose, they can investigate further and subject the couple to stricter scrutiny and may ultimately deny their application. If the government believes that you have lied about something related to your marriage, that could lead to criminal charges for marriage fraud.

HOW DOES THIS AFFECT ME?

If you are in the process of or planning to submit an application for a marriage-based green card for your spouse, then this can affect you directly. The answers that you give regarding your relationship with your spouse can be the basis for a federal criminal charge if the government suspects fraud. It is important to understand that government is not only looking at the main answers you give, they will also look into the finer details of your answers to confirm that your relationship is a real one. The government can send out agents to show up at your house, follow you around, and even interview your friends or co-workers to try to prove marriage fraud if they suspect it. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you are planning to submit an application for a marriage-based green card, you will need to follow all of the provisions of federal immigration law to make sure you remain in compliance and out of trouble. If you have any questions about marriage-based green cards, it is important to seek the advice of an experienced federal immigration attorney as soon as possible.

The Presence of Fraud in the Federal EB-5 Immigration Program

Wed, 12 Aug 2020 10:19:17 GMT

What Is the EB-5 Program?

The EB-5 program came into existence with the passing of the Immigration Act of 1990. The Act expanded the visa program with regard to employment-based visas. The number of categories was increased from two to five (EB-1, EB-2, EB-3, EB-4, and EB-5). The number of potential visas available yearly was also increased to 140,000 skills-based workers. The EB-5 category set aside 10,000 of the 140,000 visas available yearly to “alien entrepreneurs.” Initially, these entrepreneurs were required to invest a minimum of $500,000 in a new business that generated at least ten jobs. The program was not initially popular, and the rules were changed in 1992 to allow entrepreneurs to invest their money into approved regional centers, who then gathered the money and invested the money locally. When this changed, the type of person looking to utilize this system changed from an entrepreneur to an investor. Even with this change, the program still awarded less than 1,000 visas each year. During the 2008 financial crisis, big developers found it difficult to finance their projects and the EB-5 program became a way to easily source financing from foreign investment, while giving investors green cards. A focus on Chinese investment has been consistent with EB-5 green cards, as at least 70% of the green cards awarded through the EB-5 program have been to Chinese Investors since 2011.

HOW THE EB-5 PROGRAM IS BEING USED ILLEGALY

The carrot of a green card became the selling point for scam artists operating in the United States. Wealthy foreign investors are targeted and convinced to invest money in large-scale projects which never materialize and are actually a form of immigration crime . The purpose of the EB-5 program is to attract those who will invest in designated “targeted employment areas” where unemployment is at least 1.5 times the national average. States, however, have authority from the federal government to certify “targeted employment areas” that include distressed areas that are next door to financially strong areas. This has led to a practice not too different from political gerrymandering, where areas are carved out to be eligible to receive funding that would not qualify otherwise, completely distorting the original purpose of the EB-5 program. All of these moving parts have led to enormous confusion and anger as foreign investors have been duped into shady and fraudulent investments. Others have seen this program as a “green card for sale” program, where people can buy their way into the United States.

HOW DOES THIS AFFECT ME?

If you are associated with a company who receives foreign investment through the EB-5 program, then this can affect you directly. If you are a foreign investor interested in investing into the EB-5 program, then you must also be aware of the risky and often fraudulent dealings with developers looking to take advantage. As this current administration’s contempt for the country of China grows, the more likely it is that programs such as this will be affected due to its popularity with wealthy Chinese investors. If you have been defrauded by a developer into investing money into the EB-5 program, then it is important that you seek the advice of an experienced federal immigration and federal civil attorney immediately. Regional centers that are promoting questionable projects will likely face stiffer oversight and penalties as the focus on fraud associated with the EB-5 program grows. Seemingly every category within the area of immigration has been affected or changed to make immigration into the United States more difficult under the current administration; the federal EB-5 “alien entrepreneur” category is no different.

How COVID-19 Has Influenced Health Care Fraud Enforcement

Tue, 11 Aug 2020 12:45:23 GMT

Increased Government Scrutiny on Health Care Fraud Enforcement Due to COVID-19

Health care fraud enforcement has risen dramatically in the past decade in the United States. The government has taken down all kinds of doctors, pharmacists, and other executives in the pursuit of health care fraud enforcement. The COVID-19 pandemic has attracted an increasing number of fraudsters looking to profit off of the panic and confusion the world has faced. The pandemic has led to an unprecedented infusion of government money in many areas, including health care providers. As investigators “follow the money” they will inevitably uncover health care fraud related to COVID-19, which will only increase the focus on COVID-19 related health care fraud. The passing of the Coronavirus Aid, Relief, and Economic Security Act or CARES Act resulted in $130 billion in available money for healthcare practitioners. The government will likely keep a watchful eye on how CARES Act money in used, as health care practitioners are expected to use tax-payer dollars properly. Investigators will also likely focus on those looking to profit from COVID-19, selling unproven treatments or products. In all, the COVID-19 pandemic has opened the possibility to a variety of federal health care fraud cases and will likely result in increased scrutiny from the federal government.

COVID-19 FOCUSED PROSECUTIONS

The government has already started to indict those it believes are involved in COVID-19 related federal health care fraud . In a recent press release, a United States Attorney made the government’s position clear by saying, “now more than ever, the integrity of our health care system is paramount as we fight a global pandemic. We remain committed to rooting out and prosecuting any individual who would use this crisis as an opportunity to defraud individuals or the government.” The FBI has stated that as of May 28, 2020, their records show almost as many criminal complaints as they saw in the entirety of 2019. About 75% of these complaints are related to fraud. Fraudsters allegedly involved in schemes to sell counterfeit personal protective equipment (PPE) or fake COVID-19 treatments are facing prosecution already as the FBI has announced charges on various individuals from all parts of the country. The FBI has also narrowed a focus against those violating the Anti-Kickback Statute, a federal law that prohibits payment for referrals of federal health care program business. As the fallout from the pandemic continues, one thing to expect is the continued rise of COVID-19 focused prosecutions by the federal government.

HOW DOES THIS AFFECT ME?

If you are a health care provider has received money under the CARES Act, you might be at risk. Your actions with federal money can have catastrophic consequences. If you sold COVID-19 related treatments or PPE gear, you may face prosecution if your treatments are considered to be misleading or if your PPE gear turns out to be counterfeit. Health care providers at this time should be even more vigilant in how they operate their businesses because of the expected rise of COVID-19 related health care fraud. If you have any questions related to COVID-19 related health care issues, then it is important to speak to an experienced federal health care fraud attorney immediately. It is your responsibility to know how the law applies to you and your business. Ignorance of the law is not a defense when dealing with federal health care fraud, as investigators, prosecutors, and judges will not give you a break just because you did not understand what you were doing.

What Is Home Health Care Fraud?

Tue, 11 Aug 2020 12:42:36 GMT

Understanding Home Health Care Fraud

At the most literal level, home health care means exactly what it says: It is health care that is provided at home. It is typically used for aging and elderly people who want to remain independent and live on their own, but still need medical care because they are homebound. Being homebound means that due to an illness or injury, you have trouble leaving your home without help, or are not recommended to leave your home. Medicare pays benefits to those who are homebound if there is a skilled need.

There are five requirements to qualify for home health care benefits from Medicare, they are:

You are under the care and regular review of a doctor;
You have a doctor-certified need for one or more of these services: physical therapy, occupational therapy, speech therapy, or skilled nursing;
The agency administering your care is Medicare approved;
You are homebound, and a doctor certifies that you are;
You do not need more than part-time or “intermittent” skilled nursing care.

Home health care is an extremely fast-growing industry. According to the Bureau of Labor Statistics, over 1 million new jobs within home health care will be added by the end of 2020. This represents an almost 70% growth in home health care positions by the end of this year. That number dwarfs the overall expected 14% growth rate among all other jobs on average.

COMMON HOME HEALTH CARE FRAUD SCHEMES

Increases in fraudulent activity typically follow any booms in business as evidenced by home health care. Home health care fraud has become more common and more lucrative for those willing to take the risk. Common home health care fraud schemes include:

Plan of care fraud: Home health services must be provided under a plan of care from your doctor. A doctor must certify that a patient is homebound and is under a legitimate plan of care in order to receive Medicare benefits. Home health care providers committing fraud will treat patients who are not homebound or under a plan of care and still bill Medicare for the services.
Fraudulent billing: This includes billings for medical services that were not rendered. Common ways to do this include home health care providers billing for visits that were never made, or billing for medical services that they don’t even perform.
Illegal doctor kickbacks : It is illegal for doctors to receive kickbacks for referring patients. These kickbacks are often concealed and are given in the form of paid trips or speaking fees.
Assisted living facility fraud: This type of fraud occurs when a home health care company has an ownership interest in an assisted living facility and provides home health care services at the facility and bills Medicare. It is also illegal in this scenario to self-refer Medicare patients to the assisted living facility.

This is not a comprehensive list by any means. There are limitless types of home health care fraud schemes that currently exist, and they will continue to evolve as the industry grows.

HOW DOES THIS AFFECT ME?

If you are a doctor or home health care provider, you might be at risk. The scrutiny of Medicare billings is increasing as the industry increases exponentially. If you are an employee of a home health care provider and are a witness to home health care fraud within your place of employment, then you might be eligible for a reward as a whistleblower in a qui tam lawsuit. If you have any questions about the current practices within your home health care business and if those practices are in legal compliance, then it is important to speak to an experienced federal health care fraud attorney immediately. It is your responsibility to understand the law as it applies to you. Ignorance of the laws governing home health care is not an excuse or legal justification to any alleged wrongdoing.

What is the Health Care Fraud Prevention and Enforcement Action Team (HEAT)?

Tue, 11 Aug 2020 12:35:42 GMT

Government Response to Losing Billions in Medicare and Medicaid Fraud

In response to the loss of tens of billions of dollars in Medicare and Medicaid funds to fraud, the federal government decided to step up the investigation and prosecution of health care fraud cases. In May 2009, the United States Department of Justice (DOJ) teamed up with the United States Department of Health & Human Services, Office of Inspector General (HHS OIG) to create HEAT. HEAT was formed to represent a shift from the “pay and chase” approach and work toward fraud prevention through the use of various powerful anti-fraud tools. Analysis teams use data to examine Medicare fraud claims looking for specific patterns, trends, and other evaluators in their investigations. In 2011, the Centers for Medicare & Medicaid Services (CMS) started using a fraud prevention system on all Medicare fee-for-service claims nationwide. This system uses technology similar to fraud detection technology used by credit card companies in looking for abnormal claim patterns for Medicare payments. This has resulted in nearly $1 billion in federal savings from these fraud detection and prevention techniques.

MEDICARE FRAUD STRIKE FORCE

An important part of HEAT is a task force known as the Medicare Fraud Strike Force. The Medicare Fraud Strike Force is an interagency group of analysts, investigators, and prosecutors who are from both the OIG and DOJ. This group investigates the latest fraud schemes and targets those whom they believe are fraudulently presenting themselves as legitimate health care providers or suppliers. The Medicare Fraud Strike Force has investigated and charged over 2,500 individuals for various forms of health care fraud . Since the inception of the Medicare Fraud Strike Force, they have maintained a 95% conviction rate along with an average prison sentence of more than four years. There is a Medicare Fraud Strike Force regional office in 10 cities nationwide:

Detroit, MI
Chicago, IL
Miami, FL
Los Angeles, CA
Dallas, TX
Houston, TX
Brooklyn, NY
Baton Rouge, LA
New Orleans, LA
Tampa, FL

It should be obvious at this point that the federal government is zeroed in on expanding efforts to combat suspected health care fraud now and in the foreseeable future.

HOW DOES THIS AFFECT ME?

If you are a healthcare provider or service that bills Medicaid or Medicare, then you might be at risk. As you have read above, the federal government has increased spending and focus on trying to prevent health care fraud. This trend will likely continue as the occurrence of health care fraud is unfortunately too common and much too lucrative for the federal government to ignore. In 2018, HHS reported that for every dollar the federal government spent on trying to combat healthcare fraud in the previous three years, the government recovered $4. It is easy to see why the federal government will likely continue to focus efforts on investigating and prosecuting cases of health care fraud. If you have any questions related to HEAT, the Medicare Fraud Strike Force, or potential health care fraud within your company, then it is important to speak to an experienced health care fraud attorney as soon as possible. The guidance may help you avoid criminal charges, or help you prepare your best defense in case you are charged. It is your responsibility to get answers to any questions you might have about the current practices within your health care business and if those practices are in legal compliance. Ignorance of the laws governing health care is not an excuse or legal justification to any alleged wrongdoing.

What is a Qui Tam Lawsuit?

Tue, 11 Aug 2020 12:32:59 GMT

Qui Tam and the False Claims Act

The qui tam provision of the False Claims Act allows individuals and organizations to act as whistleblowers and sue those that are defrauding the government in a variety of fields. A qui tam lawsuit filed by a whistleblower will share in the recovery if the lawsuit is successful. Whistleblowers can report any type of fraud against the government including tax fraud, contractor fraud, and various types of health care fraud . The most common types of whistleblower cases in the medical field deal with Medicare and Medicaid fraud. You don’t have to actually work at the establishment committing the fraud to file a qui tam lawsuit. Any individual with information about fraud against the government can file a qui tam lawsuit. Qui tam lawsuits are filed in federal court under seal so that only the whistleblower, the court, and the government is aware of the case. It is done this way to allow the government to investigate the allegations to determine if it will join in the whistleblower case. The individual or entity named in the qui tam lawsuit will not know they are being investigated until the government has decided to join the case. The federal government has recovered billions of dollars through qui tam lawsuits in this public-private partnership against federal fraud.

WHAT ARE THE REWARDS FOR QUI TAM WHISTLEBLOWERS?

A qui tam whistleblower is also known as a “relator.” A relator is entitled to anywhere from 15% to 25% of the government’s recovery if the lawsuit is successful if the government joined the case. If the government decided to not join the case and the relator continued the suit on their own, they are entitled to up to 30% of the recovery if they are successful. The percentage a relator gets depends on many factors, including the quality of the information provided and the quality of the qui tam attorney’s work. Relators who are employees of the organization they are suing under qui tam are also protected from retaliation from their employers under the False Claims Act. Relators who are retaliated against can sue for reinstatement, double back pay, and other damages. It is important to note that the law only rewards the first person to file a complaint about a previously unknown federal fraud.

HOW DOES THIS AFFECT ME?

If you have information about possible federal fraud, then you might be eligible to file a qui tam lawsuit as a relator. Relators have a hugely important role in helping the government seek out and investigate alleged Medicare and Medicaid fraud. A qui tam lawsuit must be filed within six years of an alleged violation or within three years after the government knows or should have known about an alleged violation. Relators are often current and ex-employees of the individual or entity that is accused of fraud, but not always. Relators can also be competitors or independent contractors. It does not matter what position you actually hold in becoming a relator, the important thing is the information you have in helping the government recover from financial fraud. If you have any questions about your eligibility to file a qui tam lawsuit, then it is important to seek the advice of an experienced federal attorney immediately. You are likely not the only person to have information about the fraudulent activities of an individual or entity, what you do with that information can have life-altering affects.

Unraveling Illegal Drugs and the Dark Web

Wed, 05 Aug 2020 16:58:51 GMT

Who Is the Joint Criminal Opioid Darknet Enforcement Team (J-CODE)?

The infamous Silk Road was an online black market and the first modern dark net market the world had ever seen. It was best known as an online platform to buy and sell illegal drugs using untraceable cryptocurrency like bitcoin. Since Silk Road was taken down in 2013, and its founder, Ross Ulbricht, imprisoned for life, an increasing number of copycat sites have appeared. Two of the Silk Road’s biggest successors, AlphaBay and Hansa have reportedly as much as five times the traffic as Silk Road had at its peak. When AlphaBay was taken down by the FBI in 2017, it was estimated that in their two-year existence, AlphaBay had over $1 billion in transactions on their site. In 2016, Hansa was taken down in a different way. Dutch investigators actually took over operations of Hansa and allowed it to operate for over a month, catching a litany of users and harming the trust that users had for dark web transactions. In 2019, Dutch police also shut down a dark web page that offered “Bitcoin Laundering” which made it harder for police to track Bitcoin transactions. Even through tough law enforcement efforts, the market for illegal drugs on the dark web continues to grow in scale.

FEDERAL EFFORTS AGAINST ILLEGAL DRUGS SOLD ONLINE

In early 2018, the FBI turned up its efforts against illegal drug trafficking on the dark web with the creation of the Joint Criminal Opioid Darknet Enforcement Team, or J-CODE. J-CODE was specifically formed to target illegal opioid distribution on the internet. J-CODE started with just over a dozen special agents and staff with a focus towards increased enforcement against dark web black markets. During the first few months of 2019, J-CODE spearheaded an operation called SaboTor, which went after suspected dark web illegal drug vendors. SaboTor was a collaborative effort between numerous federal agencies and Europe’s dark web team within Europol. Europol is the law enforcement agency for the European Union. SaboTor resulted in 61 arrests and shut down 50 illegal dark web accounts. Also, in 2019, federal authorities shut down a news website called the DeepDotWeb, a website that existed on the traditional internet, but linked users to dark net websites. Obviously, all of these efforts have been made to both make it more difficult to find the dark web, and to have the confidence to buy from the dark web without fear of prosecution.

HOW DOES THIS AFFECT ME?

The dark web market of illegal drugs looks like it’s here to stay for the foreseeable future. As different sites have been taken down, other sites have popped up and the illicit online markets have continued to be resilient and recover to some degree. The Department of Justice has recognized that dark web criminal markets have become “an enduring part of the criminal economy.” Organizations like J-CODE will continue to form as the government continues its “war on drugs.” If you have questions about dark net drug trafficking laws or think you may be at risk for prosecution, then it is important to seek the advice of an experienced federal drug trafficking attorney as soon as possible. The laws and enforcement of illegal activity online is an area that is evolving rapidly. It is your responsibility to understand these laws as they apply to you. Ignorance of the law is not a defense, and you will not be given a break just because you didn’t think you were breaking the law.

Sentencing As It Relates to Type and Quantity in Drug Trafficking

Wed, 05 Aug 2020 16:55:50 GMT

THE “DRUGS MINUS TWO AMENDMENT” EXPLAINED

DRUG QUANTITY TABLE EXPLAINED

The sentencing ranges for federal drug trafficking convictions are largely dependent on the type and quantity of the drugs alleged to have been trafficked. The appropriate sentencing ranges for different drug quantities can be found within the Drug Equivalency Table aka the Drug Quantity Table. The Drug Quantity Table is a chart that translates the quantities of various illegal drugs into their marijuana equivalent quantities. The sentencing guideline range for drug convictions are then actually based on their marijuana equivalent quantities. The Drug Equivalency Table, for example, equates one gram of heroin with one kilogram of marijuana. The Drug Quantity Table, along with mandatory minimums have resulted in federal sentencing guidelines which too often excessively and unfairly sentence defendants convicted of drug offenses. The disparity between state and federal sentences for drug convictions historically has been vast. For example, a drug conviction in state court could lead to six months in jail while the same drug conviction in federal court could result in 10 years in prison for the same exact conduct because of factors within the federal sentencing guidelines.

THE “DRUGS MINUS TWO AMENDMENT” EXPLAINED

In an effort to bridge the gap between federal and state sentencing of drug convictions, the United States Sentencing Commission unanimously voted in favor of Amendment 728, commonly known as the “Drugs Minus Two Amendment.” This amendment reduced the drug quantity table by two levels for the offense levels that triggered statutory mandatory minimums and did so retroactively. This meant it could apply to any case that was finalized before the Drugs Minus Two Amendment was enacted. The Drugs Minus Two Amendment applies to ANY inmate whose guideline sentence was based on the quantity of ANY federally controlled substance. If a drug quantity resulted in a mandatory minimum sentence, that sentence might get reduced because of the Drugs Minus Two Amendment. Since the passing of the Drugs Minus Two Amendment, federal courts have granted over 30,000 motions to retroactively reduce federal prison sentences. This has resulted in an average sentence reduction of almost 20% of those who had their motions granted. The average federal drug trafficking sentence was reduced from 146 months to 121 months because of the Drugs Minus Two Amendment.

HOW DOES THIS AFFECT ME?

If you or someone you love is facing federal drug trafficking charges, this could affect you directly. If someone you love is currently in prison for drug trafficking, it is important to know that relief under the Drugs Minus Two Amendment is not automatic. If an inmate wants to be resentenced under the guidelines of the Drugs Minus Two Amendment, then they have to bring that request in the form of a motion to retroactively reduce a federal prison sentence. Judges will look at these cases individually to determine if they are eligible for a reduction of sentence. If you have any questions about the Drugs Minus Two Amendment or any questions relating to federal drug trafficking charges, then it is important to seek the advice of an experienced federal drug trafficking attorney. The simple possession of a small amount of drugs can result in years of federal prison because of the harshness of federal mandatory minimums. Measures to reduce unjust sentences like the Drugs Minus Two Amendment have helped to reduce some of the inequity in federal drug trafficking sentencing, but the system is still far from perfect. Make sure you know your rights and are informed of the current laws regarding federal drug trafficking by speaking to a qualified attorney today.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal drug trafficking cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

Mandatory Minimum Sentences for Federal Drug Trafficking

Wed, 05 Aug 2020 16:51:09 GMT

Understanding Federal Drug Mandatory Minimum Sentences

Federal sentencing guidelines set the framework for a uniform policy of sentencing for federal felony and serious misdemeanor convictions. The primary goal of the guidelines was to correct and minimize sentencing disparities across the federal system. Federal sentencing guidelines are generally calculated based on two primary factors: 1) the details of the offense itself, and 2) the defendant’s prior criminal history. In looking at the first factor, points are assessed for a variety of reasons, such the number of victims involved and whether there was a weapon used. In looking at the second factor, points are also assessed for many reasons, including for any prior criminal convictions at the federal or state level. The points assessed in these two general categories then goes into a sentencing table chart which will give you what is an appropriate range of sentence for that specific case according to the federal sentencing guidelines. Judicial adherence to the guidelines used to be mandatory, but in 2005, the United States Supreme Court decided in United States v. Booker that the guidelines were advisory only and defendants could be sentenced outside the guidelines if appropriate factors for departure exist. These factors are case-specific and departures from federal guidelines are solely decided by federal judges.

HOW MANDATORY MINIMUMS WORK

If you are facing a federal charge, it is important to know if that charge carries mandatory minimum sentencing. Mandatory minimums are automatic minimum federal prison sentences for specific convictions related to drug trafficking , firearms, identity theft, and child sex offenses. Mandatory minimum sentences are laid out in federal statutes that are written and passed by United States Congress. Mandatory minimums are most common in sentencing for drug trafficking convictions. Nationally, drug trafficking convictions represent approximately 2/3 of all mandatory minimum sentences imposed on all federal cases. This harsh approach towards federal drug trafficking convictions has led to countless cases where defendants faced excessive punishment for their conduct. It can be argued that mandatory minimums undermine the federal sentencing guidelines and federal judges altogether since factors specific to each case aren’t considered for sentencing and cannot be considered by a sentencing judge.

HOW DOES THIS AFFECT ME?

There are three ways that a mandatory minimum sentence can be triggered under federal law. You could be facing a mandatory minimum for drug trafficking if your case involves:

A specific crime that carries a mandatory sentence;
A specific reference in your charge(s) to an underlying offense which carries a mandatory sentence; or
A review of your criminal history which results in a mandatory sentence.

If you are facing drug trafficking charges or are being investigated for federal drug trafficking, then you might be at risk for mandatory minimum sentencing if you are convicted. It is a popular position for a politician to push for mandatory minimum sentences for a variety of crimes. The feeling that citizens have when they vote for politicians who are tough on crime can be misguided, however. Taking sentencing out of the hands of experienced and surely capable federal judges does a disservice to the criminal justice system by allowing members of congress to play the role of judge in deciding what is appropriate for sentencing for a variety of convictions. If you have any questions about federal sentencing guidelines or if you might be facing a mandatory minimum for federal drug trafficking, then it is important that you seek the advice of an experienced federal drug trafficking attorney as soon as possible.

2019 Statistics on Federal Drug Trafficking Enforcement

Wed, 05 Aug 2020 16:48:32 GMT

Federal Drug Trafficking Enforcement Statistics from Fiscal Year 2019

In the fiscal year 2019, there were 76,538 federal criminal cases reported to the United States Sentencing Commission . 19,765 of those cases involved federal drug trafficking, representing just over 25% of all federal criminal cases. There are seven drug types that account for 96.5% of all federal drug trafficking cases, they are:

Methamphetamine: 42.7%
Powder Cocaine: 18.1%
Heroin: 12.7%
Marijuana: 8.5%
Crack Cocaine: 7.9%
Fentanyl: 4.5%
Oxycodone: 2.1%

Over 80% of drug trafficking offenders in 2019 were men. Their average age was 36 years old, and nearly 80% of them were United States citizens. Almost 25% of their sentences were increased due to possessing a weapon. Nearly 45% of them had little to no prior criminal history before being convicted of federal drug trafficking. The top five districts for federal drug trafficking offenders in 2019 are:

Western District of Texas: 1,249 offenders
Southern District of California: 1,183 offenders
Southern District of Texas: 946 offenders
District of Arizona: 728 offenders
Northern District of Texas: 683 offenders

The average sentences these offenders received was 77 months in 2019. 96.4% of these offenders were sentenced to prison for their federal drug trafficking convictions. Just over 65% of those convicted were convicted of an offense carrying a mandatory minimum penalty. Almost 58% of those convicted of an offense carrying a mandatory minimum were relieved of that penalty due to specific factors.

TRENDS AND CHARACTERISTICS

The percentages reflecting the seven main drug types involved in federal drug trafficking also correlate to changes in how much of each drug is trafficked. Since 2015, methamphetamine trafficking has increased nearly 31%. This helps explain its position as the number one most trafficked drug in the United States today. Marijuana trafficking, on the other hand, has decreased almost 52% since 2015. This is largely due to the legalization efforts across many states which has led to a weakened enforcement effort on the part of federal investigators. Fentanyl trafficking has shockingly increased almost 4,000% since 2015. Oxycodone also saw a significant increase in trafficking at over 50% within the same time period. It is estimated that Americans spend over $150 billion annually on illicit drugs. Surprisingly, this number is very similar to the amount Americans spend annually on alcohol. Even with all of the prevention and enforcement efforts, the market for illicit drugs is still huge in the United States. Drugs are not trafficked to the United States by accident, they are trafficked here because the market is huge, even with all of the obvious risks.

HOW DOES THIS AFFECT ME?

If you are facing a federal drug trafficking charge or are being investigated for drug trafficking, then these statistics should show you how seriously the federal government treats these cases. Even having a minor role in a drug trafficking conspiracy can lead to heavy mandatory minimum sentences handed down by federal judges. Certain factors like having a weapon present or a previous criminal history can also lead to mandatory minimum sentences when dealing with a drug trafficking case. If you have any questions about federal drug trafficking laws, then it is important to seek the advice of an experienced federal drug trafficking attorney as soon as possible. It is your responsibility to understand the law as it applies to you. Ignorance of the law is not a defense, and you will not be given a break just because you weren’t aware that you were breaking the law.

Edward Bajoka Appointed to America’s Top 100 Criminal Defense Attorneys

Fri, 24 Jul 2020 08:36:56 GMT

CLICK BELOW FOR NEWS RELEASE COVERING DETROIT DEFENDER EDWARD BAJOKA’S APPOINTMENT TO AMERICA’S TOP 100 CRIMINAL DEFENSE ATTORNEYS LIST.

Legal Ramifications for PPP Crimes During COVID-19 Pandemic

Thu, 23 Jul 2020 18:15:33 GMT

How Borrowing Money Can Turn into a White-Collar Crime

COVID-19 AND THE PAYCHECK PROTECTION PROGRAM

The COVID-19 pandemic has led to a number of financial programs being offered by the federal government in an attempt to keep the economy afloat until life can return to some semblance of normal. One major program passed by congress was the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act. A portion of the CARES Act was designated to help small businesses keep employees paid even though they may have had limited or no work due to the COVID-19 pandemic. The CARES Act added additional ways that small business owners could borrow fully forgivable business loans if all criteria are met regarding how the loan is used. The Paycheck Protection Program (PPP) states that a loan will be fully forgiven if the money borrowed is used within a certain time period for payroll costs, mortgage interest, rent and utilities. Loans given under the PPP have a 1% interest rate and the first payment is deferred for six months.

FRAUDULENT USE OF FUNDS LEAD TO CRIMINAL CHARGES

Just because this money might be available to you, does not mean it is legal to use it however you wish. PPP loans are required to be used for payroll costs, mortgage interest, and rent and utilities. If you make false statements to financial institutions about what the money from a PPP loan is used for, then you could be facing a federal charge for a white-collar crime . Recently, a Houston man was charged with making false statements to a financial institution, wire fraud, bank fraud, and engaging in unlawful money transactions for allegedly taking over $1.1 million in PPP loan money and using it to buy cryptocurrency and pay personal expenses. He allegedly filed for two PPP loans to cover payroll expenses for employees in two different businesses that did not exist. The federal government has authorized over $600 billion in PPP loans to help small businesses survive during the COVID-19 pandemic. It is wise to expect that the focus of federal white-collar crime investigations in the near future will turn to those who are suspected of defrauding the government to obtain PPP loans.

HOW DOES THIS AFFECT ME?

If you have taken a Paycheck Protection Program loan (PPP) through the Small Business Administration (SBA) as part of the CARES Act, then you might be at risk. The federal government is not going to turn a blind eye to who it suspects of fraudulently obtaining PPP loans to use the money for unapproved reasons. Cases like the one above will only increase in frequency as the federal government continues to monitor and investigate those who receive PPP loan money. The rules and regulations that come with PPP loans can be confusing and hard to follow. It is wise to seek the advice of an experienced federal white-collar criminal defense attorney if you have any questions about your PPP loan and its approved uses. Even unintentional conduct can result in federal criminal charges if certain factors are present. The unprecedented amount of money that the federal government has distributed to the American people has unfortunately also served as a big trap for many who did not take the necessary precautions and care in applying for and using these funds. It is your responsibility to understand the law and how it applies to you. Ignorance of the rules surrounding PPP loans is not a defense to related criminal charges as financial institutions have sought to make it clear what the allowed uses of PPP money are.

The Impact of COVID-19 on White Collar Crime

Thu, 23 Jul 2020 18:13:37 GMT

How COVID-19 Has Affected the Government’s Ability to Investigate and Prosecute White-collar Crime

DIFFICULTIES IN INVESTIGATION

The COVID-19 pandemic has affected our world in ways that we still don’t fully understand yet. It does not require a blog such as this for anyone to understand that pretty much everything we once knew as normal has possibly changed forever due to COVID-19. One impact that COVID-19 has had is on the government’s ability to investigate and prosecute white-collar crime. The health and safety of federal agents, prosecutors, and other government employees is an obvious priority of the government at the current time. It is not surprising that that federal agents might not be as excited to execute search warrants or perform “knock and talks” in places where there could be a great risk of exposure to the virus. Overall, the ability of investigators to explore and develop white-collar cases has been limited due to the difficulties of questioning witnesses in person. This obstacle has made it even more difficult to discuss the sensitive and confidential information which is at the heart of most white-collar crime cases. One area of focus for federal agents that has changed because of COVID-19 is the Foreign Corrupt Practices Act (FCPA). It is expected that in the short term, white-collar crimes related to the enforcement of the FCPA will be less prevalent due to the inability of Americans to currently travel internationally.

ANTICIPATED LONG-TERM FOCUS OF THE GOVERNMENT

The COVID-19 pandemic saw the federal government passing the Coronavirus Act, Relief and Economic Security Act (CARES Act) in order to help the economy stay afloat while the world figures out how to move forward safely. The CARES Act injected over $2 trillion into the United States economy in a variety of ways. With all of this additional money being made available, it is natural to expect that there will be a rise in fraudulent activities related to CARES Act money. To monitor and combat CARES Act fraud, Congress established the Office of the Special Inspector General for Pandemic Recovery (SIGPR) along with the CARES Act. This office will have the authority to oversee and investigate fraud related to CARES Act loans made to businesses during the pandemic. During the 2008 financial crisis, a similar economic stimulus program known as the Troubled Asset Relief Program (TARP), saw fraud charges and convictions for hundreds of people in relation to over $10 billion in misused government relief funds. In the longer term, it is expected that the SIGPR office will look to investigate and help prosecute those who are suspected of committing fraud in both obtaining and using CARES Act money.

HOW DOES THIS AFFECT ME?

If you received any funding from the CARES Act during this unprecedented time, then you may be at risk for prosecution. Any misstatements on loan applications will not be viewed in the most favorable light by investigators as the government will be specifically looking for suspected fraudsters to investigate and prosecute. Funding for small businesses under the CARES Act is expected to be used for specific businesses expenditures and any violation of these rules can result in serious federal criminal charges. Criminal charges against those who are suspected of using Paycheck Protection Program (PPP) loans for personal expenditures for instance have already started to surface in the federal criminal justice system nationwide. This trend will only continue as these cases are more fully investigated and developed. If you took money under the CARES Act, then it is good practice to speak to an experienced federal criminal defense attorney to understand what your responsibilities are, and to protect yourself in case there are potential legal issues. It is your responsibility to follow these guidelines, and a failure to do so can result in federal criminal charges.

Unexpected White-collar Crime Statistics

Thu, 23 Jul 2020 18:10:49 GMT

You May Find These White-collar Crime Statistics Surprising

THE PREVALENCE OF WHITE-COLLAR CRIME TODAY

White-collar crime today comes in many forms. While most people envision white-collar crime as something along the lines of case against Enron or the wheeling and dealing of Wolf of Wallstreet; unexpectedly, most white-collar crime happens in everyday settings. Any time an employee of a company writes a check to themselves for a personal expense, they have committed a white-collar crime. Most often, this illegal activity is not a one-time action. Usually once someone gets away with it the first time, they become emboldened to continue to take until the numbers just become too big to ignore. White- collar cr ime accounts for over $300 billion each year in America alone. Even with this huge number, it is estimated that nearly 90% of white-collar crime cases are never reported to law enforcement authorities. The recent trend in white-collar crime statistics has shown a decrease in white-collar crime prosecutions. The 1980s and 1990s saw nearly 10,000 white-collar crime prosecutions each year, while this past year saw just over 5,000 new cases. With a stronger current focus on immigration crimes and enforcement, the federal government has prosecuted less white-collar crimes than years past. White-collar crime at the current time has reached its lowest level of prosecution of cases since 1986.

SUPRISING STATISTICS

While it appears that the statistics have shown a decrease in overall prosecutions, that does not mean the government is turning a blind eye to crime. Below are some of the more surprising statistics that are associated with white-collar crimes:

There are over 5,000 arrests for white-collar crime for every 100,000 people in the United States.
The typical White-collar criminal is a mid 40s male, married, and likely didn’t commit their first criminal act until their late 30s.
The business losses that are caused by executives of companies are 16 times higher than the business losses caused by their employees.
The costliest white-collar crimes actually occur in smaller companies that have less than 100 employees.
White-collar crime makes up just over 3% of overall federal prosecutions yearly.
It is estimated that 25% of households will be victimized by a white-collar crime at least once.
The average amount of money that is stolen in an armed robbery is just over $3,000; while an average white-collar crime can easily bring losses over $500,000.
Cases of federal fraud rose by 15% in 2019, while losses incurred due to fraud rose by 80% for the same time period.
The average company loses almost $10 a day per employee because of different forms of fraud.
In 2019, federal prosecutors in Rhode Island, New York City, and Miami prosecuted a higher rate of cases than any other federal district.
If check forgery was included in white-collar crime statistics, it would double the amount of white-collar crime reported yearly.

HOW DOES THIS AFFECT ME?

If you are in an executive role at your job, then you are the most likely target for a white-collar crime investigation if anything goes wrong in your company. People in executive positions unfortunately tend to make regrettable decisions when their actions can easily go undetected for years before anyone realizes anything. If you are observing white-collar crime in your company or are afraid that you might be committing a white-collar crime yourself, then it is extremely important to seek the advice of an experienced federal white-collar crime attorney as soon as possible. The mere mention of federal investigation can spell doom for a company if it is not handled appropriately. White-collar crime investigations can hurt company value, consumer confidence, and the company’s overall reputation. While many people may view white-collar crime as generally victimless, the fallout from investigation and prosecution can be devastating to those involved.

How FinCEN Investigates White-collar Crime

Thu, 23 Jul 2020 18:07:53 GMT

What is the Financial Crimes Enforcement Network?

THE ROLE AND MISSION OF FINCEN

The Financial Crimes Enforcement Network, aka FinCEN, is an agency within the United States Department of Treasury which was created back in 1990. It officially became a bureau of the Department of Treasury upon the passing of the Patriot Act in 2002. The role of FinCEN is to collect and analyze information related to financial transactions. This financial information is then used by FinCEN in an effort to uncover criminal acts of money laundering, terrorist financing, and other financial white-collar crime . FinCEN is famous for its well-known slogan: “follow the money.” FinCEN is responsible for following the money in foreign bank and financial accounts due to the Bank Secrecy Act which requires any United States person to report any foreign accounts that have a value of over $10,000 to the Department of Treasury. The main goals of FinCEN are to identify any “emerging threats to the global financial system” and then support the law enforcement agencies involved in investigating and prosecuting cases. FinCEN’s 300 or so employees’ issue around 6,500 intelligence reports yearly. FinCEN has six divisions that are meant to help combat money laundering and terrorism financing, they are:

Intelligence Division: This division is focused on transactional issues, analytics and research,
Enforcement Division: This division is focused on enforcing rule compliance, special investigations, and special measures,
Policy Division: This division is focused on developing and implementing regulatory and strategic policy,
Liaison Division: This division is focused on general operations and support,
Technology Division: This division is focused on data security and infrastructure, and
Management Division: This division is focused on the overall management of FinCEN as an organization.

Since its inception in 1990, FinCEN has grown in both power and stature and now monitors countless transactions worldwide. The next challenge for FinCEN to tackle is that of the regulation and monitoring of virtual currencies.

CURRENT FOCUS OF FINCEN

Virtual currencies like bitcoin have been largely unregulated since their inception. The ability for cryptocurrencies to move between parties without much oversight has led to its use in many forms of criminal activity. While many invest in cryptocurrency to make profits, cryptocurrency is also used on the dark web to buy anything from illegal drugs to dangerous weapons. Bills such as the proposed “ Cryptocurrency Act of 2020 ” will empower FinCEN to better investigate and help prosecute suspected crimes involving the use of various forms of cryptocurrency. FinCEN has made it clear that cryptocurrencies will not be allowed to be used without regulation in 2020 and the foreseeable future. FinCEN will also continue to enforce what is known as the “Travel Rule.” The Travel Rule falls under the Bank Secrecy Act and it requires banks to pass on certain specific transmittal information to other banks when there are international transfers made in excess of $3,000.

HOW DOES THIS AFFECT ME?

If you have any foreign bank accounts or any cryptocurrency holdings, then you may be at risk to be in the crosshairs of FinCEN. The director of FinCEN recently stated that certain crypto companies have been required since 2011 to follow the Travel Rule and any current and future violations of the travel rule will be met with strict enforcement and harsh penalties. The crypto industry can expect much tougher rules and regulations going forward as laws seeking to regulate cryptocurrency are increasingly enforced. FinCEN is a powerful agency with the ability to monitor countless transactions worldwide for compliance with federal law. If you have any questions about what your legal responsibilities are if you maintain foreign bank accounts or invest in cryptocurrency, then it is important to seek the advice of an experienced federal criminal defense attorney as soon as possible.

Why Prosecutors Often Pursue Federal Conspiracy Charges

Thu, 23 Jul 2020 17:29:38 GMT

Why Are Federal Conspiracy Charges So Common?

THE GOVERNMENT’S APPROACH TOWARDS CONSPIRACY

Federal conspiracy charges are easily among the favorites for federal prosecutors to charge. You may wonder why federal prosecutors often turn to federal conspiracy charges in pursuing cases. Federal law prohibits conspiracies against the United States, and conspiracies to defraud the United States or any of its agencies for any purpose. This makes a conspiracy charge much easier to charge because of how many different types of conspiracies can fit this definition. You also don’t even have to commit an actual crime in order to be convicted for federal conspiracy. All a prosecutor has to prove in many instances is that there was some agreement between two people to commit a crime, and that someone took an additional step in furtherance of the crime. This agreement can be implied and doesn’t have to be in writing or expressed in any way. This lack of necessity to prove actual criminal activity makes it much easier for prosecutors to pursue federal conspiracy charges. It is also used as a tool by federal prosecutors to try to force co-conspirators against one another by bullying them with conspiracy charges. The pursuit of conspiracy charges rests on the idea that that many united to commit a crime pose a much greater danger to society than a criminal acting alone. The laws and statutes that define conspiracy show the government’s intention to severely punish even the mere agreement between two or more parties to commit certain crimes. A conspiracy also usually lasts longer than a single crime; a conspiracy can last many years, giving the government more time and opportunity to catch on to the illegal activity being carried out.

STATUTE OF LIMITATIONS

Federal crimes typically have a general statute of limitations that is a period of five years. What that means is that any federal prosecution has to start within five years from the end of the crime. Federal conspiracy charges share the same five-year statute of limitations as many other federal crimes. The statute of limitations for federal conspiracy starts from when last overt act committed in furtherance of the conspiracy happened. If a conspiracy statute does not require an overt act, then the statute of limitations starts from when a conspiracy accomplishes its objective, when someone withdraws from the scheme, or when the scheme is abandoned altogether. The burden of proof in regard to withdrawal or abandonment is on the defendant to prove when and how the withdrawal or abandonment happened.

HOW DOES THIS AFFECT ME?

Quite simply, if you have been involved in an illegal conspiracy within the last five years, you are at risk to be prosecuted federally. This five-year clock can run much longer than five years as detailed above. As a conspiracy continues, it typically becomes more and more difficult to hide. The more people that are involved in a conspiracy can make it more complicated to keep the conspiracy itself quiet. This inability to keep conspiracies confidential is what federal prosecutors thrive on. Federal investigators and prosecutors will routinely offer deals to one alleged co-conspirator in an effort to take down the entire enterprise. Federal conspiracy charges are commonly a prosecutor’s only way to open the doors to criminal activity they would otherwise be unable to prosecute. Federal conspiracy charges are some of the easiest charges for prosecutors to pursue. If you might be facing criminal liability for conspiracy, it is important to seek the advice of an experienced federal criminal defense attorney immediately.

Understanding a Federal Drug Conspiracy Charge

Thu, 23 Jul 2020 17:27:26 GMT

How Drug Quantities Are Measured in a Drug Conspiracy

WHAT IS A DRUG CONSPIRACY?

A federal drug conspiracy charge differs from your typical federal criminal conspiracy. A federal drug conspiracy basically requires a prosecutor to prove that there was an agreement between two or more people to violate a federal drug law. A charge under the typical federal criminal conspiracy statute also requires an overt act by someone in furtherance of the conspiracy as an additional element that prosecutors must prove. Drug conspiracy charges are designed to be easier to prove and tougher on sentencing than typical federal conspiracy charges. Federal drug conspiracy charges are tougher on sentencing than many federal conspiracy charges because many drug conspiracy convictions carry mandatory minimums in terms of sentence. A mandatory minimum means that no matter what, you will serve a specified minimum amount of time in federal prison if you are convicted of a particular crime. The penalties for drug conspiracies typically depend on the type and weight of drugs being trafficked. Drug conspiracies involving marijuana, methamphetamine, cocaine, and heroin all carry five-year minimum sentences depending on the weight being trafficked of each drug. These minimums can also be bumped to ten-year minimums as the weight being trafficked goes up. The often-tricky question in drug conspiracies is how to determine drug quantity as it applies to individual co-conspirators. Is one conspirator responsible only for the drugs they personally trafficked, or is that person responsible for what the entire group trafficked? The answer depends on where you live.

SIXTH CIRCUIT STANDARD

Federal Courts are divided into sections called circuits, which are set up according to location. Each circuit court serves as an appellate court for the district courts that are underneath it. The state of Michigan resides within the 6th federal Circuit. In 2016, the 6th Circuit Court decided the case of United States v. Gibson , which held the defendant, Ray Gibson, accountable for the amount of drugs involved in the entire conspiracy. Even though he was involved in only three small sales, Gibson’s conviction of conspiring to distribute fifty grams or more of methamphetamine resulted in a mandatory minimum sentence of ten years in federal prison. The 6th Circuit Court is the only federal circuit court to approach drug conspiracy cases in this way. Other Circuit Courts use a standard which is much more favorable to defendants in terms of how they measure drug quantities.

OTHER CIRCUIT COURT STANDARDS

The 6th Circuit Court is the only court to hold every co-conspirator responsible for the entire amount of drugs trafficked by the drug conspiracy. All other federal circuit courts use what is called a reasonably foreseeable standard. In these courts, a defendant is held accountable for the quantities of drugs he or she was involved in trafficking as well as all the reasonably foreseeable quantities that are within the scope of the criminal activity as part of the criminal drug conspiracy. The standard that the other eleven federal circuit courts have adopted is much more proportional to the criminal activity of each of the co-conspirators involved. Ray Gibson was sentenced to a mandatory minimum of ten years only because he was involved in a conspiracy to sell drugs. If he had sold the same amount of drugs on his own, he would have likely avoided a mandatory minimum altogether and probably would have simply been sentenced to probation.

HOW DOES THIS AFFECT ME?

As stated above, the state of Michigan resides in the 6th federal circuit. The 6th federal circuit is the harshest circuit nationwide in how drug quantities are measured in a drug conspiracy case. If you are facing a federal drug conspiracy charge, or being investigated for one, then it is important to seek the advice of an experienced federal criminal defense attorney immediately.

Understanding the Defraud Prong of Federal Conspiracy

Thu, 23 Jul 2020 17:23:48 GMT

What is a Klein Conspiracy?

THE DEFRAUD PRONG OF THE CONSPIRACY STATUTE

The general federal conspiracy statute under 18 U.S.C. § 371 states that it is a federal crime for two people to conspire to defraud the United States or any of its agencies for any purpose. The statute’s defraud prong makes it criminal to conspire to defraud the United States. A case alleging a violation of the defraud prong of the federal conspiracy statute is typically called a Klein conspiracy. This type of conspiracy was named after an important decision that came out of the 2nd Circuit from the case of Un ited States v. Klein . Klein was a case where the defendants conspired to cheat the United States out of tax money in connection with a whiskey selling business. This and other types of conspiracy cases that interfere with lawful governmental functions such as collecting taxes have become known as Klein conspiracies.

THE ELEMENTS OF A KLEIN CONSPIRACY

Klein conspiracy cases are defined by agreements by two or more people to interfere or obstruct lawful government functions through deceit, craft, or trickery in order to defraud the United States. A Klein conspiracy can be made by an agreement to cheat the United States government of money or property in some way. The four elements in proving a Klein conspiracy are:

the accused entered into an agreement with another,
the agreement involved obstructing a lawful function of the government,
by dishonest or deceitful means, and
one overt act to further the conspiracy occurred.

It is important to note that someone can be charged with a Klein c onspiracy without being charged of violating any other separate law. You don’t have to actually be charged with tax evasion to be charged with conspiring to commit tax evasion for instance. The United States government doesn’t even have to show that they were defrauded out of a single dollar in order to pursue Klein conspiracy charges. A federal prosecutor does not have to show that the conspiracy’s goal is independently illegal or even show that the means used to achieve the goal were independently illegal in order to secure convictions under a Klein conspiracy. While Klein conspiracies are most prevalent in larger tax crimes, the wording of the defraud prong of the conspiracy statute allows the government to go after people for a wide array of other activity.

HOW DOES THIS AFFECT ME?

Any actions by two or more people to defraud the government in some way can easily lead to Klein conspiracy charges. Any other activities pursuant to an agreement to impair one of the countless activities of the United States government can also lead to Klein conspiracy charges. Put simply, there are a myriad of ways that a federal prosecutor can pursue charges under the defraud prong of the federal conspiracy statute because of the seemingly limitless potential of the law itself. While there have been cases that challenge the defraud prong of the conspiracy statute as being too broad, this is the law as it stands today. The defendants in Klein were evading tax money through a complex scheme of specific billing manipulation activities of their whiskey selling business. An increasingly wide variety of cases have been charged as Klein conspiracies in the 50+ years since Klein itself was decided. If you are facing a criminal charge for a Klein conspiracy or being investigated for one, then it is imperative that you seek the advice of an experienced federal criminal defense attorney as soon as possible.

The Four Elements Required for Criminal Conspiracy Charge

Thu, 23 Jul 2020 17:19:49 GMT

What Qualifies as an Overt Act for Federal Conspiracy Charges?

ELEMENTS OF A CONSPIRACY CHARGE

Conspiracy charges are among the most common in the federal criminal justice system. There are four elements to a conspiracy charge. A prosecutor has to prove these four elements beyond a reasonable doubt in order to secure convictions for a federal criminal conspiracy. The four elements required for a criminal conspiracy charge are:

an agreement between at least two parties,
the agreement is meant to achieve an illegal goal,
all parties alleged to be involved have to have knowledge of the conspiracy and participate in the conspiracy in some way, and
at least one person involved in the conspiracy has to make an overt act in furtherance of the conspiracy.

Note : A conspiracy charge requires at least two people alleged to be involved. A conspiracy doesn’t exist if you are the only person involved in a criminal plot.

In order to qualify for a federal charge, the agreement alleged between the criminal parties has to be to commit any offense against the United States, or to commit fraud against the United States or any of its agencies. An agreement to do something illegal across state lines also qualifies for a federal conspiracy charge. The first three elements don’t require much more than a conversation and agreement between the parties involved. The fourth element requiring an overt act can often be the most controversial in federal conspiracy cases. Conspiracy typically requires an overt act, but there are many conspiracy charges that are charged under specific federal laws which do not require an overt act for a conviction.

HOW AN OVERT ACT IS DEFINED

An overt act is some type of action by any of the co-conspirators to further the overall goal of the conspiracy. This is what prosecutors must prove in order to show that the alleged conspiracy was more than just some discussion or a scheme that mostly existed in the co-conspirator’s minds. The overt act itself does not need to be unlawful in any way. The act only needs to be a concrete step towards carrying out the scheme, the act does not need to actually accomplish the goal of the alleged conspiracy. It is also important to note that all alleged co-conspirators are legally accountable for any overt acts by any of the parties that are reasonably foreseeable. For example, if two people have a discussion and agreement about printing counterfeit money, then one conspirator buying a printing press can qualify as an overt act of the conspiracy. The actions of one conspirator buying a printing press will place criminal liability on everyone involved in the conspiracy. A conspirator can also be held accountable for any actions that were made by others before the conspirator entered the conspiracy if they were late to the party.

HOW DOES THIS AFFECT ME?

If you have had some discussions about doing something illegal with friends, then you might be at serious risk for a federal conspiracy charge. If one of the people that were part of that discussion makes some sort of overt act to further the proposed conspiracy, then everyone involved is just as guilty as each other. Even if you don’t do anything personally that can qualify as an overt act, you can and will still be held criminally responsible. To escape possible criminal liability, then you must unequivocally withdraw from the conspiracy before any overt acts are committed by anyone involved to further the conspiracy. A conviction for a conspiracy charge can result in up to a five-year prison sentence or can be punished up to the same penalties as those who actually committed the agreed-upon crimes depending on how you are charged. Conspiracy charges are among the most favorite of federal prosecutors because you don’t have to actually commit a specific crime in order to be convicted of a conspiracy, just being a part of the conversation can be enough. If you might be facing criminal liability for conspiracy, then it is important to seek the advice of an experienced federal criminal defense attorney immediately.

Understanding Cases of Denaturalization

Fri, 05 Jun 2020 02:41:20 GMT

Supreme Court Rules Unanimously Against Government in Denaturalization Case

Cases of Denaturalization require the federal government to prove that a naturalized citizen obtained their citizenship illegally in some way. What that specifically means is that the naturalized citizen became a citizen even though he or she did not truly legally qualify for citizenship status and did not meet the legal requirements to become a citizen. One way to prove this is to try to show that the naturalized citizen illegally procured citizenship or procured citizenship by concealment of a material fact or by some sort of willful misrepresentation to the government relating to obtaining citizenship.

ORIGINAL CASE DETAILS

The case of Maslenjak v. United States is a landmark denaturalization case that made its way all the way to the United States Supreme Court in 2017. The case originally started as a criminal prosecution against Divna Maslenjak, a refugee from the former country of Yugoslavia due to false statements made by Maslenjak during the naturalization process. Maslenjak and her family fled civil war in Yugoslavia and came to the United States as refugees in 1998. Maslenjak became a United States citizen in 2007 and was later stripped of her citizenship and deported along with her husband for the false statements she admittedly made during the naturalization process.

When Maslenjak met with United States immigration officials in 1998, she told the officials that she and her family would be in danger if they went back to the area in Bosnia where they had previously lived before the civil war in Yugoslavia. She falsely told these officials that her husband had not returned to the specific area in Bosnia because he was afraid that he would be forced to join the Bosnian Serb army. Maslenjak’s husband had in fact served in the army, in a specific brigade that took part in a massacre of over 5,000 Bosnian Muslims some three years earlier. The federal government later learned of her husband’s participation in this brigade and initiated proceedings to deport him. When Maslenjak learned of this, she admitted to United States officials that she had lied about her husband’s whereabouts and activity during that time. The federal government then charged Maslenjak with violating a federal law that makes it illegal to knowingly procure U.S. citizenship contrary to any law with an eye towards denaturalization .

The jury in Maslenjak’s criminal trial had been instructed that it did not actually matter whether her lie on her on citizenship application was “material” or not because the criminal statute did not specifically address it issue. A material issue is one that would have made a difference in determining Maslenjak’s eligibility for citizenship. Maslenjak admitted that she had lied but argued that she should keep her naturalized citizenship because the lies would not have mattered in deciding whether to grant her citizenship in the first place. Maslenjak was convicted, stripped of her citizenship, and deported to Serbia in 2016. Maslenjak appealed her case, and the United States Supreme Court agreed to hear the case in January of 2017.

SUPREME COURT RULES UNANIMOUSLY IN FAVOR OF MASLENJAK

In June of 2017, the United States Supreme Court ruled 9-0 in favor of Maslenjak stating that if someone is prosecuted for a false statement to government officials during the naturalization process, a jury must decide whether that false statement would have influenced the decision and awarding of citizenship to that individual. The false statement made would have to be “material” to the decision made of awarding citizenship. The Court then remanded the case to the Court of Appeals to determine whether the erroneous jury instruction was harmless error. The United States Court of Appeals for the Sixth circuit ruled in late 2019 that the jury instruction error was not harmless and remanded the case back to District Court for a new trial.

HOW DOES THIS AFFECT ME?

The Supreme Court soundly rejected the government’s argument and reasoning and was very concerned that the government was trying to overreach and too broadly define what a material lie is. This ruling means that not all lies would qualify someone to be denaturalized. A typo or other mistake should not stand as ground for denaturalization. If you are facing the possibility of a denaturalization action due to a misstatement or lie, it is important to seek the advice of a qualified and experienced denaturalization attorney immediately.

Immigrants Concerned about Denaturalization

Fri, 05 Jun 2020 02:38:14 GMT

The Department of Justice Creates Office to Denaturalize Immigrants

DENATURALIZATION SECTION EXPLAINED

In late February of 2020, the Department of Justice announced the creation of the Denaturalization Section. The Denaturalization Section is an office which will join other existing sections within the Civil Division’s Office of Immigration Litigation. The Denaturalization Section was created to focus on investigating and litigating cases of Denaturalization. Denaturalization is a process by which the United States government strips away the citizenship of someone who was naturalized as a United States citizen. These cases of Denaturalization can arise from foreign nationals becoming a United States citizen under false pretenses in a variety of ways. These false pretenses include things like fraud, being a sex offender, war criminal, or even a suspected terrorist. The aim of the Denaturalization section is to pursue those they suspect have unlawfully obtained citizenship status and try to strip away their naturalized citizenship. Denaturalization cases do not have a statute of limitations; that means that a case for Denaturalization can occur at any time, no matter how long you have been a naturalized United States citizen. Previously, denaturalization was primarily used by the Department of Justice as a measure to go after those who threatened national security, but the newly formed denaturalization section aims to go after anyone who appears to have obtained citizenship through some unlawful measure.

WHAT’S NEXT?

Critics of this new Denaturalization Section assert that this new office will be used to target immigrants who have not committed serious crimes and may have made mistakes on their initial applications without any fraudulent intent. There is a fear that simply the creation of this office will have a serious effect on non-citizens that have obtained a green card but may fear applying for citizenship and fully engaging in the United States as a citizen. With the staunch anti-immigration policies currently in place under this administration, this is not an unfounded fear by any stretch. This administration has routinely created travel bans and disallowed non-citizens to enter the United States for a variety of stated reasons. The Denaturalization Section is another step in the efforts to slow immigration into the United States. 228 denaturalization cases have been pursued since 2008, with 40% of those cases filed since 2017. Over the past three years, denaturalization cases have increased by 600%. These cases are only expected to increase as there are about 20 million naturalized citizens living in the United States today. To put it simply, if you weren’t born here in the United States and earned your citizenship by birthright, you will always have to look over your shoulder as a naturalized citizen as long as the denaturalization section is around.

HOW DOES THIS AFFECT ME?

If you are a naturalized United States citizen, this affects you directly. A naturalized United States citizen can be denaturalized if the federal government proves by clear and convincing evidence that the naturalized citizen was not qualified for naturalization at the time it was mistakenly granted. The federal government can also pursue a criminal case relating to immigration fraud as another method to denaturalize United States citizens. Millions of dollars have been put behind this newly formed Denaturalization section, and it is a fair assessment that denaturalization proceedings will become more common and frequent in the near future. If you are facing a denaturalization action or an allegation of immigration fraud, it is important to seek the advice of a qualified and experienced denaturalization attorney immediately. If you have any questions related to denaturalization or your status as a United States citizen, then give us a call.

Are You at Risk for Denaturalization?

Fri, 05 Jun 2020 02:35:14 GMT

Federal Government Pursues Immigration Crimes in Effort to Denaturalize Citizens

INCREASED FOCUS ON DENATURALIZATION ACTIONS

With the creation of the Denaturalization Task Force in 2018 and the Denaturalization Section in 2020, the Trump administration has ramped up the pressure on naturalized United States citizens. The federal government has poured over $200 million towards the creation and staffing of both the Denaturalization Task Force and Denaturalization Section. Cases have grown exponentially in the last three years and with over 20 million naturalized citizens living in the United States today, the federal government has an incredible number of potential new targets for denaturalization. While the stated focus is to only denaturalize those that were not actually eligible at the time of naturalization due to some sort of fraud on the part of the person seeking citizenship, it is clear that this directive will also lead to denaturalization actions against those who did not make material lies.

LEGAL OPTIONS FOR GOVERNMENT TO PURSUE DENATURALIZATION

In pursuing denaturalization , the federal government has two main approaches they can take; 1) a civil federal denaturalization proceeding, or 2) a criminal case for naturalization fraud. A civil federal denaturalization proceeding requires the federal government to prove by clear and convincing evidence that the naturalized citizen was not eligible for citizenship at the time it was mistakenly granted. A criminal case could center around a false statement or some sort of fraudulent activity on the part of the naturalized citizen and would require the federal government to prove their case beyond a reasonable doubt. While these are very different proceedings in nature and form, they are both pursued with the same end goal in mind, denaturalization.

Civil proceedings are most commonly pursued when there are allegations that the naturalized citizen concealed a material fact or made a willful misrepresentation in order to illegally procure citizenship. Examples include lies about marital status, familial status, or improper asylum claims. Criminal proceedings go forward when the federal government has some reason to believe that the naturalized citizen is a sex offender, war criminal, or a threat to national security due to associations with terrorist groups. Cases involving allegations of past war crimes are especially difficult, as the naturalized citizen may have been forced with the threat of death to take part in certain activity during times of war, which is usually the reason the naturalized citizen sought asylum in the first place.

The issue of due process is one that has long been recognized a problem with civil denaturalization proceedings. In 2018, a man was stripped of his citizenship without making an appearance in court due to a ruling of summary judgement in the favor of the government. The man was never served process and was never given the opportunity to contest the summary judgement motion made by the federal government. This constitutional weakness in the civil denaturalization process was pointed out by the United States Supreme Court as far back as the 1940s where then-Justice Rutledge stated in Klapprott v. United States that treating a denaturalization proceeding “as if it were nothing more than a suit for damages for breach of contract or one to recover overtime pay ignores every consideration of justice and reality in concerning the substance of the suit and what is at stake.” The fact that this new denaturalization push has largely been made on a political priority will undoubtably bring forward more instances where due process is lacking, and knowledgeable and experienced denaturalization attorneys will be needed to fight for due process.

HOW DOES THIS AFFECT ME?

If you are a naturalized United States citizen, then you are more at risk for denaturalization than ever before, even though you may not have done anything wrong. The federal government has multiple approaches and options to try to denaturalize those it feels were not qualified at the time of being awarded citizenship and, in turn, should have never obtained citizenship to begin with. There is no time limit on how long the government has to bring these actions against you. You could be a citizen in this country for 50 years and a denaturalization proceeding can be brought against you at any time. If you are facing a denaturalization action or an allegation of immigration fraud, it is important to seek the advice of a qualified and experienced denaturalization attorney immediately. If you have any questions related to denaturalization or your status as a United States citizen, then give us a call.

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What is the Denaturalization Task Force?

HISTORY AND PURPOSE

The Denaturalization Task Force was created in mid 2018 by United States Customs and Immigration Services (USCIS) as the next chapter in a continued effort to remove citizens that were naturalized fraudulently under false identities. The Denaturalization Task Force is a team of investigators and lawyers whose job is to investigate and pursue denaturalization cases. This is a continuation of a government effort that has spanned over ten years and three presidents.

In 2008, Customs and Border Protection discovered that 206 people had become United States Citizens despite having been deported before. Having a past deportation order legally disqualifies a non-citizen from becoming a naturalized United States citizen. Customs and Border Protection found that people were being granted citizenship under false identities because the fingerprint records of those who had been deported had not been digitized, and as such, had not been found on any existing government database. This opening allowed people not to just assume false identities, but also pass a fingerprint scan by the United States government.

Due to this finding, the Department of Homeland Security (DHS) then launched a task force to try to determine how many digital fingerprint records were missing from people who had been given deportation orders, barring them from citizenship. In 2011, DHS found that it was missing approximately 315,000 digital fingerprint records from people who had been ordered deported from the United States since 1990. About half of these fingerprint records were then digitized before the department ran out of money to finish the project, leaving some 150,000 fingerprint records yet to be digitized. This effort to digitize and upload fingerprints has now identified nearly 900 matches of people that had been awarded citizenship even though they had been deported before.

OPERATION JANUS & OPERATION SECOND LOOK

Operation Janus is a program that continues denaturalization efforts dating back to the George W. Bush administration back in 2008. In Operation Janus, the DHS has devoted more than $200 million to look for cases of citizenship fraud and green card fraud. It has specifically targeted people who are from “special interest” countries “that are of concern to the national security of the United States.” Immigration and Customs Enforcement (ICE) hired more than 300 new agents and staff to help further Operation Janus. Their jobs will be to search and investigate cases where they believe that someone committed fraud on the deportation system in order to gain citizenship or legal residency here in the United States. Only 305 denaturalization cases were pursued by the United States government between 1990-2017. This has increased significantly with the government projected to pursue 324 cases in 2019.

Operation Second Look is a program initiated by Homeland Security Investigations that looks into leads received from Operation Janus. Operation Second Look has increased staffing that would support the ability to examine over 700,000 files of naturalized citizens. Operation second look works as the investigative arm of Operation Janus to continue and expand the denaturalization initiative of this administration. Operation Janus and Operation Second Look together seek to ramp up the pressure and increase the cases pursued against naturalized citizens who are suspected to have committed fraud.

HOW DOES THIS AFFECT ME?

The Denaturalization Task force is a well-funded team of investigators and lawyers working towards a singular goal of stripping United States citizenship from naturalized citizens who they feel have committed fraud or were otherwise ineligible for citizenship. If you are a naturalized citizen, you are at risk of the federal government coming after your citizenship, simple as that. Even if you have not done anything wrong, you could be facing a denaturalization action because of the Denaturalization Task Force or other arm of the United States government. If you or someone you love is facing a denaturalization proceeding, you must act immediately to speak to an experienced denaturalization attorney.

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