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Can a Civil Investigation Result in Criminal Charges?

Posted by Dmitry Gorin | Jun 18, 2024 | 0 Comments

Let's review whether a civil investigation by the federal government can result in criminal charges. Having your business dealings investigated by the federal government can be disconcerting at any level. In many cases, if not most, these investigations are conducted at a civil level, meaning...

What Corporations Should Know About USDA Investigations

Posted by Dmitry Gorin | Jun 17, 2024 | 0 Comments

Corporations operating in industries regulated by the United States Department of Agriculture (USDA) must adhere to a broad set of strict regulations. The USDA plays a vital role in overseeing various agriculture, food production, and animal health sectors. The USDA is among the many government...

Considerations for Physicians Who Bill the Government

Posted by Dmitry Gorin | Jun 17, 2024 | 0 Comments

Let's review some important legal considerations for physicians who bill the United States Government for medical services. Billing the U.S. government for medical services comes with a unique set of legal requirements and challenges. Physicians who serve Medicare, Medicaid, and other government...

How to Respond to a Congressional Subpoena

Posted by Dmitry Gorin | Jun 12, 2024 | 0 Comments

A congressional subpoena is a powerful tool the United States Congress uses to gather information and testimony as part of its legislative and oversight responsibilities. Congress might issue a subpoena to compel individuals or organizations to provide documents, records, or personal testimony....

Federal White-Collar Crime Defense Lawyer

Posted by Dmitry Gorin | Jun 11, 2024 | 0 Comments

Let's review what to look for in a criminal defense attorney when facing federal white-collar crime charges. As a CEO or high-ranking executive with a company, you bear responsibility for your actions and your company's actions. That's why it can be so unnerving to discover that you're the target...

Pros and Cons of Voluntarily Disclosing Tax Evasion

Posted by Dmitry Gorin | May 28, 2024 | 0 Comments

Tax evasion is not a matter to be taken lightly. It is a serious federal offense that can lead to severe consequences, including substantial fines, interest on unpaid taxes, and even potential imprisonment under 26 U.S. Code 7201. While criminal charges are not typically filed unless the IRS believes...

Excessive Fines Clause

Posted by Dmitry Gorin | May 23, 2024 | 0 Comments

In the context of federal crimes and penalties, particularly for financial crimes, asset seizures of the defendant are among the most controversial and hotly contested penalties. While legal, this procedure can sometimes feel overwhelmingly punitive, especially when the value of seized assets seems...

What are the Signs You May Be Under Investigation?

Posted by Dmitry Gorin | May 15, 2024 | 0 Comments

Are you aware of the signs that could indicate you're being investigated for a federal white-collar crime, such as fraud, embezzlement, insider trading, or similar offenses? These often involve complex investigations by federal agencies and can sometimes go on for years, often under the radar...

Evasion of Tax Assessment vs Evasion of Payment

Posted by Dmitry Gorin | May 01, 2024 | 0 Comments

Tax evasion, a violation under 26 U.S.C . 7201, is a serious federal offense in the United States. It involves deliberately misrepresenting or concealing information to reduce tax liability. Tax evasion can take many forms, but it primarily falls into two categories: evasion of assessment and payment...

Most Common Types of Consumer Fraud

Posted by Dmitry Gorin | Apr 30, 2024 | 0 Comments

Consumer fraud is a broad term that encompasses various deceptive practices that wrongfully deprive consumers of their money or property. In today's digital age, the sophistication and frequency of consumer fraud have escalated, posing significant challenges to individuals and businesses alike...

Failure to File or Filing a False FBAR

Posted by Dmitry Gorin | Apr 29, 2024 | 0 Comments

Many Americans have money in financial accounts overseas in our increasingly global economy. Unfortunately, this also makes it more difficult for federal regulators and investigators to track shady financial activities such as tax evasion or money laundering. The law states that U.S. persons...

What is a “Terry Stop?”

Posted by Dmitry Gorin | Apr 24, 2024 | 0 Comments

A “Terry Stop,” also known as a “stop and frisk,” is a specific type of police encounter in which law enforcement officers temporarily detain an individual based on reasonable suspicion of criminal activity, which might violate their Fourth Amendment rights. Stemming from the landmark Supreme...

What are the Most Common Federal Crimes?

Posted by Dmitry Gorin | Apr 23, 2024 | 0 Comments

While most criminal offenses are prosecuted at the state level as violations of individual state laws, federal law precedes certain types of crimes. This includes crimes that cross state boundaries, involve interstate or foreign commerce or federally controlled infrastructure, and crimes committed...

Illegal Taking of Plants and Wildlife

Posted by Dmitry Gorin | Mar 28, 2024 | 0 Comments

In the United States, the conservation of wildlife, fish, and plants is governed by a comprehensive legal framework designed to protect these natural resources from illegal exploitation.  These rules are embodied in Title 16, Chapter 53 of the U.S. Code, Sections 3371-3378, called the Lacey Act...

Defenses When Your Cell Phone or Computer is Seized

Posted by Dmitry Gorin | Mar 27, 2024 | 0 Comments

In the digital age, cell phones, and computers are not just personal devices but reservoirs of personal and sensitive information. It should be no surprise that digital forensic evidence has become a cornerstone of many federal investigations. It involves collecting and analyzing data from electronic...

Common Types of Government Procurement Fraud

Posted by Dmitry Gorin | Mar 26, 2024 | 0 Comments

The government relies heavily on private sector companies to perform functions, acquire supplies, complete projects, etc. Government procurement involves the process by which governments acquire goods, services, and works from third parties. This complex process typically involves awarding...

Types of Illegal Stock Market Manipulation

Posted by Dmitry Gorin | Mar 19, 2024 | 0 Comments

Ever since the stock market emerged, people have been attempting to manipulate the market to their advantage—often to the harm of other investors. Stock market manipulation involves intentionally distorting the financial market for personal gain. Typically, these manipulative tactics are designed...

Seller-Side Insurance Fraud Schemes

Posted by Dmitry Gorin | Mar 15, 2024 | 0 Comments

Insurance fraud is an illegal act by either the buyer or seller of an insurance contract. Insurance fraud from the issuer includes selling policies from non-existent companies, failing to submit premiums, and churning policies to create greater commissions. Buyer fraud can include exaggerated...

Defenses Against Perjury Charges in Federal Court

Posted by Dmitry Gorin | Mar 07, 2024 | 0 Comments

It is essential that witnesses tell the truth under oath for the criminal justice system to operate fairly toward defendants and for juries to turn in an informed verdict.  This is why perjury, lying, or misrepresentation under oath is considered a serious crime in the federal court system. All ...

Defending Against Federal Tax Evasion Charges

Posted by Dmitry Gorin | Mar 04, 2024 | 0 Comments

Some have referred to the IRS as America's most aggressive debt collector. The government may often impose liens and seize assets to collect unpaid tax debts. However, if you're suspected of deliberately or systematically avoiding paying your taxes, whether through underreporting or hiding...

What are the Levels of Criminal Intent in Federal Cases?

Posted by Dmitry Gorin | Mar 04, 2024 | 0 Comments

For most federal crimes, one of the critical elements prosecutors must establish to obtain a conviction is criminal intent, also known as mens rea. Essentially, it refers to the defendant's mental state during the alleged crime and separates an accident from a deliberate act. Since most criminal cases...

Aiding and Abetting a Federal Crime - 18 U.S. Code § 2

Posted by Dmitry Gorin | Feb 21, 2024 | 0 Comments

In the eyes of federal law, if you aid and abet someone in the commission of a federal crime, you are just as guilty and just as subject to punishment as if you had committed the crime yourself. Under Title 18 U.S. Code Section 2, anyone who aids or abets a federal crime is punishable as a principle...

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