Honest Services Fraud and Official Acts in Federal Corruption Cases
Federal prosecutors have powerful statutes available to prosecute public corruption. But federal criminal law does not make every unethical act, political favor, gift, or exercise of influence a federal crime.
The Supreme Court has repeatedly placed limits on federal public-corruption prosecutions.
One of the most important...
Federal Medicare Fraud Defense Attorney
Federal Medicare fraud investigations can expose physicians, health care professionals, medical providers, and business owners to serious federal criminal charges. A conviction can result in imprisonment, substantial financial penalties, restitution, forfeiture, and consequences affecting professional licenses and participation in...
Federal Price-Fixing Attorney
Federal price-fixing investigations can expose business owners, corporate executives, employees, and companies to serious criminal consequences. These cases often involve extensive business records, electronic communications, cooperating witnesses, grand jury subpoenas, and complex questions concerning whether competitors actually entered into...
Federal Grand Jury Subpoena to an Accountant: Is the Information Privileged?
A federal grand jury can subpoena an accountant and demand financial records, tax information, correspondence, work papers, and potentially testimony concerning a client.
That can pose a serious problem for someone already under federal investigation.
Many clients assume that conversations with their accountant are confidential in...
Federal Sentencing Guidelines Loss Calculation Under U.S.S.G. § 2B1.1
In a federal fraud case, the amount of financial loss attributed to a defendant can have a major impact on the recommended sentence.
Under U.S.S.G. § 2B1.1, fraud and other economic offenses can receive substantial increases in the offense level based upon the amount of loss....
Does Federal Mail or Wire Fraud Require Financial Loss?
Federal mail and wire fraud charges require a scheme directed at obtaining money or traditional property. But the government does not necessarily have to prove that the alleged victim ultimately suffered a net economic loss.
The distinction became especially important after the Supreme Court’s decisions in Ciminelli v. United...
Honest Services Fraud Sentencing: Value of Benefit Received
Honest Services Fraud Sentencing: How Is the Value of the Benefit Calculated?
Sentencing in a federal honest services fraud or bribery case can turn on a deceptively simple question:
What was the value of the benefit received in exchange for the bribe or kickback?
Good Faith and Intent to Repay in Federal Fraud Cases
Good faith can defeat a federal fraud charge because a person who acts honestly lacks the requisite intent to defraud. But an intention to repay the money later does not automatically establish good faith when the defendant knowingly used material deception to obtain it in the first place.
If...
Civil Investigative Demands (CIDs): What They Are and How Attorney Michael J. Petro Can Help
Receiving a Civil Investigative Demand (CID) from the federal government can be an alarming experience. A CID is a powerful investigative tool used by federal agencies to require individuals and businesses to provide information—often before the government files a...
Federal Mail and Wire Fraud Statute of Limitations
The federal statute of limitations for most mail and wire fraud charges is five years. But determining whether an indictment is timely requires more than identifying when the alleged scheme began or when the defendant first received money.
Each charged mailing or wire communication must be analyzed separately. Later...