News & Blog
Supreme Court Sides With Doctors Prescribing Opioids
September 26th, 2022
In June, the U.S. Supreme Court issued a unanimous opinion in favor of two doctors accused of overprescribing opioids, raising the standard of proof the government must meet to secure a conviction in “pill mill” cases. The case defines the standa…
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Rise in Warrantless Searches at the FBI
September 13th, 2022
In late April of 2022, the Office of the Director of National Intelligence (ODNI) released its Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities – Calendar Year 2021. T…
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Categories: Federal Law
3rd Circuit Ruling on Trade Secret Theft Case
August 22nd, 2022
Government Must Prove Intent to Cause Actual Loss In an August 2, 2022, decision by the 3rd Circuit Court of Appeals, the court found that two defendants who admitted to stealing intellectual property and trade secrets from London-based pharmaceutica…
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Prosecution Rises: Cryptocurrency Gatekeepers and Individual Owners
July 8th, 2022
The popularity of cryptocurrency has been on the rise, and given its recent dramatic decline in value, the federal government is poised to step up its regulation and enforcement of criminal laws targeting its illegal use. The Biden administration has…
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Financial Crimes Enforcement Network Regulations for NFTs
June 10th, 2022
The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) is considering how to regulate non-fungible tokens (NFTs), according to a report on its Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Wo…
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Categories: Federal Violations and Crimes
Willful Failure to Collect or Pay Over Tax
May 31st, 2022
IRS Title 26: Tax Violations: I.R.C. § 7202 Under 26 U.S.C. §7202, it is a crime to fail to collect a tax or to fail to truthfully account for or pay over a tax. An employer is responsible for withholding Federal Insurance Contribution Act (“FICA…
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SEC Prioritizes Insider Trading Enforcement
May 16th, 2022
If 2021 is any indication, insider trading will remain a key enforcement area for the Securities and Exchange Commission (SEC) in 2022. While the total number of insider trading actions brought last year has declined, the actions that have been broug…
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Categories: Securities
Sentencing Guidelines: Actual Loss vs. Intended Loss
May 3rd, 2022
The Federal Sentencing Guidelines were enacted in 1987 to create uniformity in sentencing, including for sentences white-collar crimes. There has always been a perception that white collar crimes were treated more leniently than other crimes. The U.S…
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Categories: Sentencing and Appeals
Can I Be Charged with EIDL Loan Fraud?
April 21st, 2022
Congress passed the CARES Act in March of 2020, providing billions of dollars in economic relief to help American businesses cope with hardships caused by the COVID-19 pandemic. As part of the CARES Act, the Economic Injury Disaster Loan (EIDL) Progr…
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False Statements on Tax Returns
March 31st, 2022
Filing a False Tax Return in Violation of 26 U.S.C. §7206 Under 26 U.S.C. §7206, it is a felony to willfully make false statements on a tax return or willfully aid or assist someone in filing a false tax return. The penalty for violating the statut…
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