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Securities Fraud Criminal Prosecutions

Securities fraud is a broad term that applies to numerous federal and state civil and criminal statutes. Federal litigation resulting from securities fraud includes civil cases brought by the SEC, criminal cases brought by the Department of Justice, and private civil cases brought by victims of securities fraud. The Law Offices of Horwitz & Citro, P.A. represents individuals and companies who are ...

The Department of Justice Continues to Expand Its Reliance on Process Crimes, Which Means You Should Not Talk to Federal Authorities Without Experienced Counsel

Regardless of where you fall on the political spectrum, the Department of Justice continues to rely on process crimes more and more. Process crimes, like making false statements to federal investigators, obstructions of justice, and others, are often brought when prosecutors want to punish a person but cannot bring more serious charges because the serious charges are too difficult, if not ...

Kickbacks for Healthcare Professionals

Kickbacks are any type of financial incentive intended to influence the providing of healthcare. The federal Anti-Kickback Statute (AKS) makes it a crime to knowingly and willfully give or receive or offer to exchange anything of value in an effort to induce the referral of business that impacts a federal healthcare program. The AKS not only applies to doctors and pharmacists but also to those who ...

Understanding Healthcare Fraud

Healthcare fraud is the filing of false healthcare claims. It is easier than you think to be accused of this crime. Auditors, patients, members of your staff, and others can easily mistake proper billing for a crime. If you have been under investigation or arrested for healthcare fraud, your first response should be to contact a lawyer. Being charged with healthcare fraud is not the same as being ...

What To Know About Federal Plea Bargains

Plea bargaining in federal cases is not exactly the same as reaching a plea deal in a state case. There are different laws and rules that introduce certain considerations in federal cases. In addition, federal judges have wide discretion when it comes to imposing the actual sentence. Here are some important considerations for plea bargaining in federal cases. A Deal Is Not Always Final In the ...

IRS Used Data Analytics to Uncover $10 billion of Tax Fraud in 2018

The IRS is using data analytics to refine how it detects tax fraud. The success of this effort can be seen by a fourfold increase in Criminal Investigation Division's detection of tax fraud from 2017 to 2018. The reasons for the fourfold increase in detection of fraud stem from several factors: IRS criminal investigators are benefiting from the IRS movement towards more sophisticated analytical ...

Income Tax: Criminal vs. Civil Violations

Each year, millions of U.S. citizens are required to file federal income tax. At the end of tax season, some individuals will be accused of not paying their fair taxes. The IRS may conduct a civil audit which concerns the determination of the accuracy of your tax return and can result in additional taxes, interest, and monetary penalties. The IRS can also investigate you for criminal violation of ...

Getting Immunity from the Government Before Cooperating

We have previously addressed how truth is in the eye of the beholder and, when the beholder is a federal agent or prosecutor, failing to confirm what the government believes the truth to be can lead to charges . However, there are times when it is in the client’s best interest to meet government agents and prosecutors and answer questions. Before that meeting takes place, it is important to agree ...

What To Know When Served With A Subpoena Duces Tecum

We have previously addressed why you should not speak to law enforcement without experienced counsel with you. Those articles were entitled “ If I Am Innocent Or Have Nothing To Hide, Should I Talk To The Police? No, Giuliani Was Right – ‘The Truth Isn’t The Truth,’ ” and “ What Did Noor Salman Say to the FBI And Why You Should Never Talk To The Police Without a Lawyer. ” Usually after law ...

Offshore Voluntary Disclosure Program Is Over, But You Should Still Worry If You Have Unreported Money Overseas or Held in Cryptocurrency

The government’s ability to collect taxes comes from the U.S. Constitution. To collect taxes, Congress created a series of criminal and civil statutes. The Treasury Department used these statutes to promulgate a series of regulations to assist in collecting taxes due the government. Unlike many countries, the government taxes income of U.S. citizens both living within the United States and abroad. ...