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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...

Entrapment Defense in Federal Crimes

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

Suppose you are charged with a federal crime, and the crime occurred because a law enforcement or government official induced you to do something you would not typically have done. In that case, you may claim entrapment as a valid defense. A valid entrapment defense consists of showing the...

Medical Loss Ratio (MLR) Fraud

Posted by Dmitry Gorin | Feb 14, 2024 | 0 Comments

With the advent of the Affordable Care Act (ACA) and many new reporting regulations associated with it, new ways to defraud the government, taxpayers, and others have also arisen.  Medical Loss Ratio (MLR) fraud is a criminal activity involving manipulating the financial reporting processes with...

Defending Doctors from Federal Criminal Prosecution

Posted by Dmitry Gorin | Feb 02, 2024 | 0 Comments

Medicine is a rewarding profession, but also one that is strictly regulated. While delivering healthcare, physicians sometimes face legal scrutiny—and at times, they may even be accused of violating federal laws.  If you're a physician facing federal criminal prosecution, the consequences may be...

Updates to the Federal Sentencing Guidelines for 2023

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

In 2023, the United States Sentencing Commission completed a substantial update to the United States Sentencing Guidelines (USSG). This is the first such update since 2018 and reflects the priorities of the recently passed First Step Act (link), which aims to mitigate excessive sentencing and, hopefully...

Misprision of a Felony - 18 U.S. Code § 4

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

One of the oldest statutes in the federal law books, which is little known and rarely enforced, effectively states that anyone who knows that a felony was committed and fails to report it is guilty of a felony themselves. The term for this crime is "misprision of a felony," defined under Title 18 U.S.C. 4...

Drivers Privacy Protection Act – 18 U.S. Code § 2721

Posted by Dmitry Gorin | Dec 12, 2023 | 0 Comments

Let's review the prohibition on releasing and using certain personal information from state motor vehicle records law defined under Title 18 U.S. Code 2721. When someone seeks a driver's license or registers a vehicle at their local Department of Motor Vehicles, they must provide personally identifiable...

Why is Swatting a Dangerous Crime?

Posted by Dmitry Gorin | Dec 11, 2023 | 0 Comments

If you're accused by law enforcement or federal investigators of "swatting," you could face numerous federal or state charges—possibly both. Swatting may be seen as a prank or an act of retribution, but because it involves law enforcement showing up with serious firepower, it can also be...

The Third-Party Doctrine and the Fourth Amendment

Posted by Dmitry Gorin | Dec 08, 2023 | 0 Comments

The Fourth Amendment to the United States Constitution is a critical protection for citizens, safeguarding them from unreasonable searches and seizures. However, this protection is not absolute. The third-party doctrine, a legal principle developed through court decisions, provides an exception...

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