Medicare Fraud and Abuse Cases

Michael J. Petro – Medicare Fraud Defense Attorney in Chicago, IL In recent years, Medicare fraud and abuse cases have been on the rise in the United States. Nowhere is the problem more visible than in Chicago, where an increase in the number of cases has prompted officials to put a moratorium on new home health agencies. With so many cases of Medicare fraud being prosecuted, innocent people sometimes are accused. If you believe you are under investigation for a …
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Posted in Federal Criminal Procedure

Federal Crime Sentencing Guidelines

The Federal Sentencing Guidelines are nonbinding instructions for punishing criminal defendants in a uniform manner. Although the 2017 sentencing guidelines are not compulsory, judges must consider them as they assess appropriate sentences for defendants convicted in the federal court system. When judges deviate from the guidelines, they are required to explain the factors that went into increasing or decreasing a sentence from what the guidelines would impose. If you have been charged with a federal crime, it is vital that …
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Posted in Federal Criminal Procedure

Plea Negotiations and Agreements in Federal Court

Many criminal cases frequently end in plea agreements before a trial ever begins. If you are facing federal charges, Michael Petro can work with you and the prosecutors to negotiate a plea agreement. At the federal level, rules for sentencing are very complicated.  Many federal offenses have mandatory sentencing requirements.  Prosecutors are working very hard non-stop to negotiate plea agreements that are favorable to the United States. Attorney Michael J. Petro has decades of experience with the federal courts and will …
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Posted in Federal Criminal Procedure

Preliminary Hearing in Federal Court

For defendants facing federal charges, it is important to understand what to expect in a preliminary hearing. After your attorney has entered a not-guilty plea, the preliminary hearing typically occurs. In the preliminary hearings, the prosecutor will attempt to demonstrate the existence of sufficient evidence to charge you. If you’ve been charged with a crime at the federal level, you need a distinguished criminal defense lawyer. Michael J. Petro has more than 30 years of experience assisting individuals as their …
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Posted in Federal Criminal Procedure

Received a Subpoena for Business Records: What You Should Do?

If your business is party to a legal matter, you may receive a subpoena for business records. A subpoena duces tecum — or a subpoena for documents — requires you to submit requested paperwork in your possession that is relevant to the case in question.  A subpoena is an Order of Court and should never be ignored! Before you respond to a subpoena or submit any documents, consult with an experienced attorney. Michael J. Petro has a distinguished record of …
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Posted in Federal Criminal Procedure

“Snitches Are a Dying Breed” And Other Aspects of “Outlaw” Criminal Forfeiture

US v. Joshua N. Bowser.  Appeal of:  Bradley W. Carlson.  No. 15-2258.       This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal cases brought against a number of Outlaws members, including all members of the Indianapolis chapter of the Outlaws. The indictment included a notice of the government’s intent to …
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Posted in 7th Circuit Criminal Law Alert, Asset Forfeiture, Federal Criminal Procedure, Press Releases, Restitution

28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL

US v. Jose Herrera-Valdez, No. 14-3534 Jose Gustavo Herrera-Valdez was prosecuted for illegal reentry after being deported. Before trial, he filed a motion to disqualify the District Court Judge from presiding over his prosecution because the judge served as the District Counsel for the Immigration and Naturalization Service (INS) at the time Herrera-Valdez was deported.  Because we find that the district court should have granted Herrera-Valdez’s motion to disqualify, we reverse his conviction. B.  28 U.S.C. § 455(a) Recusal Required 28 U.S.C. …
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Posted in 7th Circuit Criminal Law Alert, Federal Criminal Procedure