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Articles Posted in White Collar Crimes

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Federal Healthcare Fraud Sentencing After Obamacare: Analyzing Title 18 USC 1347

Last week I wrote about the recent national healthcare fraud takedown by the Department of Justice and its Medicare Fraud Strike Force.  We discussed the four cases brought in Brooklyn by the U.S. Attorney’s Office for the Eastern District of New York – U.S. v. Onyekwere, 14 CR 274; U.S.…

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Can “Outside Traders” be involved in Insider Trading? A case study of Icahn, Mickelson and 18 USC 1348

Much has been written over the last week about the purported FBI “insider trading” investigation into the purchase of Clorox stock options by legendary golfer Phil Mickelson and infamous sports gambler William Walters.  If this story didn’t involve famous people such as Mickelson and Carl Icahn, it wouldn’t be much…

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Brooklyn Medicare Fraud Strike Force: Recent Cases from the May 2014 Nationwide “Takedown”

In our last post, we discussed the history and tactics of the Department of Justice’s Medicare Fraud Strike Force.  We also talked briefly about the recent Healthcare Fraud nation-wide “takedown.”  But as we also mentioned, this was not one giant case involving 90 defendants, but rather dozens of cases, scattered…

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Medicare Fraud Strike Force: Healthcare Fraud Prosecutions in 2014

In March 2007 the Medicare Fraud Strike Force originated in South Florida as a ground-breaking joint effort between the U.S. Department of Justice’s Criminal Division Fraud Section, the U.S Attorney’s Office for the Southern District of Florida, Health and Human Services Office of Inspector General, as well as state and…

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Can a New York Forgery Conviction Stand Where a Cardholder does not Testify & a Fictitious Name is Used by the Accused

I recently posted a blog entry briefly analyzing a Second Degree Forgery (New York Penal Law 170.10) conviction where one of the central issues was whether the defendant had the intent to “defraud, deceive or injure” the bank when a deceased man’s credit card was used and all principle and…

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Second Degree Forgery & Credit Card Use: Are You Guilty of NY PL 170.10 Even if You Make Proper & Timely Payments to Another Person’s Credit Card

Regardless of the degree or level of the crime, Forgery is a very serious offense as defined in the New York Penal Law. While the misdemeanor offense of New York Penal Law 170.05 is punishable by a sentence of up to one year in jail, the Second and First Degree Forgery crimes…

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Interpreting “Written Instrument” In a First Degree Offering a False Instrument for Filing Arrest & Indictment: New York Penal Law 175.35

Offering a False Instrument for Filing and Falsifying Business Records are two potential felony crimes in New York that are almost identical. While “almost” certainly is not “exactly,” one guards against the fraudulent filing of documents within the government and state while the other generally the falsification, deletion or alteration…

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Rude & Unprofessional Conduct by Public Servants: When the Criminal Threshold for Official Misconduct is Breached

Official Misconduct, a crime codified as New York Penal Law 195.00, is not one of the more common criminal arrest charges in New York. While NY PL 195.00 is atypical in that it only a certain group of people can commit this offense, it is a crime that is equally…

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Getting a Better Grasp on New York Computer Crimes: Understanding the Basics of NY Computer Crime Arrests

It is not uncommon for prosecutors to seek a prison sentence or term of imprisonment for a defendant accused of and arrested for a computer related crime in New York. Although the crimes are generally viewed as white collar crimes and the potential sentences are not as significant as violent…

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Operation Finish Line: Queens Prosecutors Net Dozens of Defendants in Nationwide Trademark Counterfeiting Busts

What is likely being hailed as a major victory for law enforcement, Queens County District Attorney Richard Brown has announced the arrest of more than two dozen individuals involved in a Trademark Counterfeiting enterprise and the recovery of more than $500,000 in cash and fake goods with a street value…

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