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USA v. Huberfeld: Conspiracy to Commit Wire Fraud

Sentence Vacated Following Improper Application of Federal Sentencing Guidelines In United States v. Huberfeld, 2nd Cir. No. 19-436(L), the Second Circuit Court of Appeals vacated a 30-month prison sentence and a $19 million order of restitution in a… Read More
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2019 – WHITE COLLAR CASES REVIEWED

FEDERAL HEALTH CARE FRAUD – “Pill Mills,” Medicare “Anti-Kickback” Frauds This year, the U.S. Department of Justice brought charges against numerous doctors and health care professionals alleging illegal distribution of millions of opioids… Read More
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Bank Fraud Convictions Reversed

The Sixth Circuit’s in United States v. Banyan, reversed the defendants’ bank fraud convictions. The reason: the government didn’t show the defendants got any money from a bank. The court held: “…the government charged the defendants with t… Read More
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Fraud - Law Offices of Hope C. Lefeber

Sentencing Enhancement for Number of Victims Permissible for Identity Theft Conviction Even if Victims Did Not Suffer Financial Loss

The Tenth Circuit recently found it was permissible to add a sentencing enhancement based on the number of victims, even if not all of those victims had suffered financial loss. In United States v. Gonzales, No 16-2022 (10th Cir. 2016), defendant Gon… Read More
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Categories: Fraud
Fraud - Law Offices of Hope C. Lefeber

Seventh Circuit Holds That Amount of Loss for Sentencing Enhancement, Restitution and Forfeiture Requires “Reasonable Forseeability” and “Proximate Cause”

In a very important case, the Seventh Circuit departed from the overwhelming majority of cases that with a broad brush, enhance defendants for the full amount of the fraud and order forfeiture and restitution in the full amount, regardless of a defen… Read More
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Categories: Federal Law, Fraud
Bank - Law Offices of Hope C. Lefeber

Federal Bank Fraud: Defendant Need Not Intend to Defraud the Bank

The U.S. Supreme Court, in Shaw v. United States, held that a violation of the federal bank fraud statute does not require a finding of intent to defraud the bank. In this case, Lawrence Shaw stole over $300,000 by using fraudulent personal informati… Read More
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Categories: Fraud
Bribery - Law Offices of Hope C. Lefeber

Supreme Court Rules Against Expanded Use of Federal Bribery Laws

The misuse of the power in the context of our criminal system can have a serious impact on individuals facing charges. Overzealous prosecutors may take a simple criminal statute and begin applying it in a much broader context, in essence creating cri… Read More
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Bank - Law Offices of Hope C. Lefeber

Supreme Court Will Decide Required Criminal Intent for Federal Bank Fraud Crime

A divide in the law on bank fraud may soon be resolved. The United States Supreme Court recently decided it would hear the case of Shaw v. United States in its upcoming October term. The case presents the court with a question that has divided lower… Read More
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Third Circuit Grants Ineffective Assistance of Counsel Claim

On October 20, 2014, the Third Circuit granted Dung Bui’s habeas petition in U.S. v. Bui, 2014 WL 5315061 (3d Cir, Oct. 20, 2014). Since Congress’ passing of the Antiterrorism and Effective Death Penalty Act in 1996, successful habeas petitions a… Read More
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3d Circuit Upholds Conviction for Securities Fraud For Trading On Information Learned At Alcoholics Anonymous Meeting

A financial adviser who made more than $250,000 trading on insider information he got from a fellow Alcoholics Anonymous member failed in his bid to overturn his conviction by challenging the validity of the rule he violated. Timothy McGee, who was c… Read More
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