Lee Koch

What Are the Grounds for Suppressing Evidence in a New York or Federal Criminal Case?

By Lee Koch | September 22, 2022 | Comments Off on What Are the Grounds for Suppressing Evidence in a New York or Federal Criminal Case?

Suppression of evidence is one of the most important tools a criminal defense lawyer has to help you with your state or federal case.  To suppress evidence, your lawyer must file a Motion to Suppress and make a valid legal argument for why a particular piece of evidence is invalid. The judge then decides whether…

Defending GoFundMe and Kickstarter Fraud Cases

By Lee Koch | August 23, 2022 | Comments Off on Defending GoFundMe and Kickstarter Fraud Cases

Recently, The New York Times reported on a case wherein a New Jersey man and his girlfriend got 5 years in prison for GoFundMe fraud. Mark D’Amico and Katelyn McClure teamed up with Johnny Bobbit Jr. to make up a story about a homeless man in need of help. They raised over $400,000 after the…

What Are Price Fixing Schemes?

By Lee Koch | August 15, 2022 | Comments Off on What Are Price Fixing Schemes?

A price fixing scheme is a white collar crime that involves colluding with competitors to decide what prices will be. Antitrust laws require companies to establish prices and other competitive terms without consulting with competitors. You are allowed to conduct market research to see what other people are charging for similar products, but you are…

What is the Third Party Doctrine?

By Lee Koch | July 22, 2022 | Comments Off on What is the Third Party Doctrine?

While most evidence that could be collected in a federal criminal case is protected by Sixth Amendment rights against unreasonable search and seizure, some information that could be used against you is not. That information is covered under the “third party” doctrine. The “third party” doctrine states that you have no legitimate expectation of privacy…

What is Set-Aside Fraud?

By Lee Koch | July 6, 2022 | Comments Off on What is Set-Aside Fraud?

Set-aside fraud is a type of contractor fraud. It is a violation of the False Claims Act (31 USC Sections 3729 to 3733) and involves defrauding the United States government in order to get contracts.  It is called “set-aside” fraud because it involves making false claims to procure contracts and money “set aside” for Small…

What is the False Claims Act?

By Lee Koch | June 28, 2022 | Comments Off on What is the False Claims Act?

There have been attempts to defraud the United States Military for about as long as there has been a military. In 1863, the federal government enacted the False Claims Act to target defense contractors attempting to defraud the military during the Civil War.  This law is also known as the Lincoln law.  Under this law…

What is Bid Rigging?

By Lee Koch | June 21, 2022 | Comments Off on What is Bid Rigging?

One white collar crime that the Department of Justice is cracking down on quite hard of late is “bid rigging.” Bid rigging is the process of undermining the competitive process whenever businesses compete by submitting bids to a buyer. The Department of Justice takes an especially dim view of this practice when the government is…

What is the Procurement Collusion Strike Force?

By Lee Koch | May 27, 2022 | Comments Off on What is the Procurement Collusion Strike Force?

The Procurement Collusion Strike Force is a DOJ, states Attorneys General, Department of Defense, and Federal Trade Commission joint effort to crack down on antitrust and anticompetitive activities in public procurement. It focuses on government contractors and looks for bid rigging, bribery, kickbacks, project substitution, set-aside fraud, and other anti-competitive behaviors.  For example, they obtained…

Are You Guilty of Insider Trading?

By Lee Koch | May 20, 2022 | Comments Off on Are You Guilty of Insider Trading?

If you own stocks and are engaged in buying them and selling them then there are laws which govern your involvement in the market. One of those laws is that the playing field must be even. If you have information about a company or stock that is not available to the public and you act…

Supreme Court Makes ACCA Decision

By Lee Koch | April 25, 2022 | Comments Off on Supreme Court Makes ACCA Decision

In a previous post, we covered the Armed Career Criminal Act. This Act names someone a “career criminal” if they commit three prior violent felony or have three prior serious drug offense convictions. To qualify as an ACCA crime, they must be committed on “occasions different from one another.” Recently, the Supreme Court heard Wooden…