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What Is a Deferred Prosecution Agreement?

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

A Deferred Prosecution Agreement (DPA) is a valuable legal tool in corporate criminal enforcement. It allows the federal government to hold companies accountable for criminal conduct while avoiding the potentially devastating consequences of a criminal conviction, such as significant financial penalties, loss of...

Common Examples of Mortgage Fraud for Profit

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

Fraud for profit is a type of mortgage fraud that involves deliberate misrepresentation, misstatements, or omissions in the mortgage lending process to reap financial gains. Unlike fraud for housing, which typically involves individuals attempting to secure housing they otherwise could not afford, fraud for profit is...

What to Expect at Initial Appearance in Federal Court

Posted by Dmitry Gorin | Nov 22, 2024 | 0 Comments

Upon your arrest on federal charges, a crucial series of legal proceedings begins, with the initial appearance playing a pivotal role in protecting your legal rights and advancing the judicial process. The initial appearance, which follows shortly after your arrest, is not a determination of guilt or innocence. Instead, it serves...

Specially Designated Nationals and Blocked Persons (SDN) List

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

Let's review the SDN List-what it is and how to get removed from It. The Specially Designated Nationals and Blocked Persons (SDN) List is a critical tool used by the U.S. government to combat terrorism, drug trafficking, human rights abuses, and other forms of criminal activity. While this list is not directly linked to...

Military Medals or Decorations - 18 U.S. Code § 704

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

Let's examine the weighty federal law governing the illegal sale or false representation of military medals or decorations, as outlined in Title 18 U.S. Code 704. Given the immense sacrifices made by American servicemen and women in the line of duty, the federal government upholds a profound respect for the awarding...

Most Common ITAR Violations

Posted by Dmitry Gorin | Nov 13, 2024 | 0 Comments

The International Traffic in Arms Regulations (ITAR) control the export and import of defense-related articles and services. Established under the Arms Export Control Act (AECA), ITAR's primary goal is to ensure that U.S. defense technologies do not fall into the wrong hands, protecting national security interests. ITAR...

Overview of the Foreign Agents Registration Act (FARA)

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

The Foreign Agents Registration Act (FARA), enacted in 1938, is a U.S. law designed to uphold transparency. It ensures that individuals and entities engaging in political or advocacy activities on behalf of foreign entities are transparent about their actions, thereby contributing to a more open and informed political...

Disclosure of Classified Information - 18 U.S.C. § 798

Posted by Dmitry Gorin | Oct 09, 2024 | 0 Comments

A key component of national security is safeguarding the country's secrets. To that end, if you have been accused of disclosing classified information under 18 U.S. Code 798, you are likely facing serious prison time if you are convicted. This statute, a crucial part of The Espionage Act, is designed to protect the United States' national...

Overview of Compassionate Release From Federal Prison

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

Compassionate release is a mechanism within the federal prison system that allows inmates to be released early for "extraordinary and compelling reasons." It is designed to provide a ray of hope and relief to those whose continued incarceration would be unjust due to unforeseen circumstances that arise after sentencing...

Hunting, Trapping, or Fishing on Indian Land - 18 U.S.C. § 1165

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

Federal law provides certain protections for U.S.-held lands designated as either belonging to sovereign American Indian tribes or reserved for their use. These lands, often preserved or undeveloped, hold significant cultural and historical value for the tribes. Respecting these lands and the rights of the tribes when considering...

Key Takeaways from the FY 2022 USSC Tax Fraud Report

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

The United States Sentencing Commission (USSC) recently released its Tax Fraud Report for fiscal year 2022. The report provides valuable insights into current patterns and outcomes in federal tax fraud cases that resulted in convictions. The term "tax fraud" includes the common crime of tax evasion, a violation under 26...

How Likely Is an Acquittal in a Federal Criminal Case?

Posted by Dmitry Gorin | Aug 05, 2024 | 0 Comments

It's natural to feel uncertain and dread if you're facing federal criminal charges. Even if you genuinely believe you have enough exculpatory evidence in your favor for a jury to acquit you, the fact that there are no guarantees can create a sense of unease about your case going to trial. As it turns out, that feeling of unease is...

Is Hawala Legal in the United States?

Posted by Dmitry Gorin | Aug 05, 2024 | 0 Comments

Hawala, an ancient money transfer system that originated in South Asia and the Middle East, is steeped in history and operates on the foundation of trust, independent of conventional banking systems. Despite its long history and widespread use, this informal method of transferring money has garnered significant attention in...

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...

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