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Do Federal Cases Ever Get Dismissed?

By Lee Koch | June 16, 2020 | Comments Off on Do Federal Cases Ever Get Dismissed?

The Federal Rules of Criminal Procedure allow the government or the court to dismiss any indictment, information, or complaint.  The specific law is written as follows: “The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant’s consent. The court may…

Can Protesting Get You Charged With a Federal Crime?

By Lee Koch | June 2, 2020 | Comments Off on Can Protesting Get You Charged With a Federal Crime?

As George Floyd protests continue so to do the number of arrests related to these protests. Most people know they can get arrested for participating in a protest, but probably assume this happens only at the local level. What they might not know is that if you incite violence or participate in violence at a…

Feds On the Lookout for CARES Fraud

By Lee Koch | May 16, 2020 | Comments Off on Feds On the Lookout for CARES Fraud

The Covid-19 act brought a $2.2 trillion dollar relief package. That’s good for  most Americans, who just want to live their lives and who don’t want to hurt anyone while doing it. It also creates opportunities for those who are willing to engage in fraud to get what they want. That’s why the Act itself…

This Tennessee Case Provides a Great Reason to Hire Your Own Lawyer

By Lee Koch | April 29, 2020 | Comments Off on This Tennessee Case Provides a Great Reason to Hire Your Own Lawyer

It’s not a case that got a lot of press coverage, but in 2008 two Tennessee detectives posed as federal defense attorneys to try to get incriminating information out of one of their suspects. They told the suspect they were his federal public defender. They even talked him out of cooperating with his own, real…

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

By Lee Koch | April 17, 2020 | Comments Off on 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…

Can You Be Arrested for Violating Social Distancing Orders?

By Lee Koch | April 1, 2020 | Comments Off on 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…

Federal Investigators Set COVID-19 Priorities

By Lee Koch | March 18, 2020 | Comments Off on 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…

What is Check Kiting?

By Lee Koch | February 28, 2020 | Comments Off on 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…

What Is the Federal Crime of Structuring?

By Lee Koch | February 18, 2020 | Comments Off on 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…

How Discovery Works in Federal Criminal Cases

By Lee Koch | January 30, 2020 | Comments Off on 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…