Bank FraudThe federal bank fraud statute, 18 U.S.C. § 1344, requires the government to prove that a person acted intentionally to either defraud a financial institution, or obtain “money, funds, credits, assets, securities or other property owned by or under the custody or control of a financial institution by means of false or fraudulent pretenses, representations or promises.” Given the very broad language in this statute, “bank fraud” can apply to numerous situations and does not mean a person simply defrauded a bank. Any fraud that involves an attempt to obtain money or assets under the control of a “financial institution” by means of false statements can be bank fraud. Since almost all money is under the control of some type of financial institution, bank fraud is a very broad crime. Bank fraud is also a very serious crime that can carry a maximum statutory penalty of 30 years in jail.
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Computer CrimesWith advances in technology, the government is increasing the number of criminal investigations and prosecutions of computer and internet-related crimes. While these crimes can take many forms, they are often focused on areas including internet gambling activities, the sale of illegal products, prostitution and prohibited sexual activities, copyright violations, hacking, and investment fraud schemes.
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ConspiracyConspiracy is often charged along with other crimes such as drug crimes, health care crimes, tax fraud, money laundering and public corruption. It is generally considered a “catch-all” criminal offense that allows prosecutors to ensnare a larger number of people who might not otherwise have direct involvement in a particular offense.
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Drug Crimes |
Federal Sentencing |
Federal Tax Fraud |
Drug crimes carry very harsh penalties. For example, many federal drug crimes involve mandatory-minimum sentences that can require lengthy jail time.
When many people think of drug crimes, they think of heroin, cocaine and marijuana. However, prescription drug fraud can be viewed as equally serious by federal authorities and can carry with it very serious penalties. Healthcare professionals who issue prescriptions "without medical necessity" i.e., without conducting a proper examination as determined by the DEA and U.S. Attorneys, are viewed by federal authorities as no different than traffickers for purposes of prosecution and sentencing. In the federal system, the quantity of drugs involved will determine the nature of the charges filed and the severity of any criminal penalties. Based upon “drug quantity” tables alone, a defendant can spend anywhere from a year in prison to an entire lifetime. For this reason, it is essential to have representation that understands how the Sentencing Guidelines work. |
One of the most significant aspects of a criminal proceeding is sentencing. Pleading guilty is one thing, but how much jail time could you be facing?
In the federal system, the majority of the time judges will follow the Sentencing Guidelines established by the United States Sentencing Commission in determining how much jail time a defendant should receive. The United States Supreme Court has held that the sentencing guidelines are not mandatory but are simply a guidepost to help judges make decisions about incarceration. At the sentencing phase, the court will allow attorneys to argue for variances and departures from the "guideline range" and will consider such arguments in fashioning an appropriate sentence. Obtaining legal representation that is intimately familiar with the Guidelines, including all of their nuances, is therefore essential in ensuring you receive the best sentence possible for your case. |
The IRS is perhaps the most dreaded federal agency for a reason: it boasts a 93% conviction rate in criminal tax cases. Examples include the failure to file a tax return/tax evasion, failure to report international income and offshore tax havens, intentional underreporting of income, filing a false return, assisting in the preparation of false tax returns, and business and sales tax fraud.
Our attorneys employ a team of experienced investigators to assist in building your defense, including former IRS Special Agents with decades of experience in conducting and supervising complex financial and tax investigations. |
Firearms Cases |
Grand Jury Investigations |
Healthcare Fraud |
Trafficking in firearms without a license can constitute a serious crime with significant penalties. The federal government in recent years has begun cracking down on firearms trafficking in order to limit the flow of weapons across the United States border. If you’re facing charges for illegal arms sales, arms smuggling or arms trafficking, you need experienced attorneys and investigators on your side. You need a team that is intimately familiar with the law and understands how to craft an effective defense.
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Being called as a witness to a grand jury proceeding can be nerve-wracking. A false or inaccurate statement can lead to obstruction of justice charges being filed – just ask baseball legend Barry Bonds. Many people make the mistake of facing a grand jury alone.
Sometimes, law enforcement will use the grand jury process to apply pressure to witnesses who might be reluctant to testify against the target of an investigation. A person that starts off as a mere witness can then become the defendant in a criminal case by being charged with obstruction of justice. Our team has personally conducted hundreds of grand jury proceedings as former federal prosecutors, and can assist you in safely navigating this process. |
The United States Department of Justice has become extremely aggressive in recent years when it comes to pursuing cases against physicians and other healthcare providers for, among other things, medical billing fraud, Medicare/Medicaid fraud, issuing prescriptions without medical necessity, kickbacks, and self-referrals.
With nearly unlimited resources and manpower, the FBI and other law enforcement agencies can build powerful cases against healthcare professionals resulting in harm to your professional reputation, significant monetary fines, the revocation of your license, incarceration, and ultimately the end of a lucrative career. |
Mortgage Fraud |
Public Corruption |
RICO Cases |
With the crash of the housing market in the mid to late 2000's, the federal government has aggressively pursued mortgage fraud and focused its attention upon investors, brokers and straw buyers. This is especially true in Nevada, which suffered one of the highest foreclosure rates in the nation due, in part, to rampant fraud. One simple misstatement in a mortgage application can turn your life into a nightmare, and virtually nobody has been immune.
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Public corruption and the misappropriation of funds is pursued aggressively by the FBI. Our team has significant experience in defending public officials in cases involving embezzlement, bribes, gratuities, misuse of public funds, misuse of office, and fraud.
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The Racketeer Influenced and Corrupt Organizations Act, also known as “RICO” gives the federal government very broad power to go after alleged racketeering and corruption. Racketeering is a federal charge brought against people believed to be “career criminals” and major kingpins. RICO convictions are severe and can land a person in jail for decades. Under RICO laws, the government has the power to investigate acts committed within a 10-year period of time.
Federal racketeering charges are usually accompanied by other charges including bank fraud, mail fraud, wire fraud, drug charges and civil RICO claims. RICO is a heavy hammer by which the federal government is able to obtain lengthy prison sentences. Because of the complexity of the law, RICO cases demand having a highly experienced attorney on your side. During his time as an Assistant United States Attorney, Paul Padda prosecuted several high-profile RICO cases and is intimately familiar with the laws. |