10.0Lee A. Koch
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Posts by Lee Koch

In the News: Feds Continue to Crack down on Covid-19 Fraud

Covid-19 hasn’t been around very long, but it’s already become a criminal enterprise worth over $13.4 million.  Most of the scams take place online. Perpetrators sell fake cures and counterfeit PPE, not just to individuals, but to agencies and hospitals as well. They run financial relief schemes and take advantage of remote work vulnerabilities to…

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Can You Be Arrested for Violating Social Distancing Orders?

COVID-19 has created a lot of confusing change in a very short period of time. For those of us living in New York City, the biggest change has been the way that New York City has essentially been shut down in the wake of the PAUSE order.  “PAUSE” stands for “Policies Assure Uniform Safety for…

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Federal Investigators Set COVID-19 Priorities

People who want to use the COVID-19 pandemic as a focus for their fraudulent activities might want to think twice. The DoJ has made a firm commitment to put any cases touching on COVID-19 front and center of their current investigation efforts. This includes prioritizing: Cases where individuals are selling fake cures and faulty health…

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What is Check Kiting?

While many people have accidentally bounced a check every now and then, check kiting is a deliberate form of fraud. It’s a federal white collar crime and can involve sophisticated schemes and multiple banks. Yet it does not have to be sophisticated to get you into deep trouble.  The basic crime involves writing a check…

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What Is the Federal Crime of Structuring?

Under the federal Bank Secrecy Act, banks must report deposits, withdrawals, or transfers of more than $10,000. This doesn’t mean it’s illegal to make them, only that the federal government gets an alert when they see you do it.  Some people try to divide up their transactions in an effort to evade the requirement. Some…

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How Discovery Works in Federal Criminal Cases

Upon a defense lawyer’s request, federal law requires prosecutors to give the defense copies of all the materials and evidence they intend to use at trial. This includes any evidence which may tend to support the defendant’s innocence, called exculpatory evidence.  Federal prosecutors have an obligation to disclose exculpatory evidence whether or not the defense…

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3 Myths About White Collar Crime

White collar crime costs society $1 trillion every year. It is the most common form of crime, far more common than violent crime, and yet is widely misunderstood. Indeed, many people believe that it’s extremely rare.  In part, it’s misunderstood because it’s so arcane. As The Harvard Business Review writes: “It bores us. Complicated financial…

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What is a “Geofence” Warrant?

A geofence warrant is a warrant that goes to any company capable of tracking your location data through your cellphone.  Law enforcement gets a warrant from a judge, then serves it to Google or Apple. The warrant specifies a physical location and a time period.  The company then gathers information about all the devices that…

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Does the 5th Amendment Let You Lie to Federal Agents?

Lying to federal agents is against the law, and the 5th Amendment will not protect you if you choose to do it. Under the 5th Amendment, you have the right to avoid incriminating yourself. At least, that’s the simplified version of the 5th Amendment you read about in novels and see on television. The reality…

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Could a Cyber-Crime Result in a Murder Charge?

This October, PBS reported on a ransomware attack that hit a county health hospital in Wisconsin.  “Campbell County Health reported systemwide crippling of their computers that affected its flagship hospital and nearly 20 clinics located in the city of Gillette. For eight hours, the hospital’s emergency department was forced to transfer patients even though the…

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