» Fraud

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What to Expect in a Federal Criminal Case

Facing criminal charges in federal court is intimidating and scary. Any criminal case, and a federal criminal case, in particular, is complicated. It can be helpful and reassuring to understand how a criminal case works, and what to expect. If you be… Read More
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Second Circuit Update on Insider Trading Cases

On January 11, 2021, the U.S. Supreme Court vacated a Second Circuit decision that had affirmed four convictions for insider trading. The Supreme Court recommended that the lower court reconsider its finding that confidential government information c… Read More
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An Analysis: SEC 2020 Financial Fraud Actions

On September 30, 2020, the Securities and Exchange Commission (SEC) closed its books on FY2020 and, on November 2, released its 2020 Annual Report. Analysts have begun reviewing SEC enforcement actions to reach conclusions about the types of financia… Read More
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U.S. DOJ’s Cyber-Digital Task Force Issues Crypto Guidance

On October 8, 2020, the United States Department of Justice’s (DOJ) Cyber-Digital Task Force released new cryptocurrency guidelines. The 83 page report, entitled “Cryptocurrency: An Enforcement Framework” identifies cryptocurrency users’ lega… Read More
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Third Circuit Vacates Sentence of Former Vanguard Employee Accused of Money Laundering, Mail Fraud, and Tax Evasion

Scott Capps, a former employee of The Vanguard Group, pled guilty to conspiracy to commit mail fraud, money laundering, and tax evasion in March of 2019. He also admitted to filing false tax returns in 2013 and 2014 to cover up the scheme. By challen… Read More
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USA v. Huberfeld: Conspiracy to Commit Wire Fraud

Sentence Vacated Following Improper Application of Federal Sentencing Guidelines In United States v. Huberfeld, 2nd Cir. No. 19-436(L), the Second Circuit Court of Appeals vacated a 30-month prison sentence and a $19 million order of restitution in a… Read More
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FEDERAL HEALTH CARE FRAUD – “Pill Mills,” Medicare “Anti-Kickback” Frauds This year, the U.S. Department of Justice brought charges against numerous doctors and health care professionals alleging illegal distribution of millions of opioids… Read More
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Bank Fraud Convictions Reversed

The Sixth Circuit’s in United States v. Banyan, reversed the defendants’ bank fraud convictions. The reason: the government didn’t show the defendants got any money from a bank. The court held: “…the government charged the defendants with t… Read More
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Fraud - Law Offices of Hope C. Lefeber

Sentencing Enhancement for Number of Victims Permissible for Identity Theft Conviction Even if Victims Did Not Suffer Financial Loss

The Tenth Circuit recently found it was permissible to add a sentencing enhancement based on the number of victims, even if not all of those victims had suffered financial loss. In United States v. Gonzales, No 16-2022 (10th Cir. 2016), defendant Gon… Read More
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Categories: Fraud
Fraud - Law Offices of Hope C. Lefeber

Seventh Circuit Holds That Amount of Loss for Sentencing Enhancement, Restitution and Forfeiture Requires “Reasonable Forseeability” and “Proximate Cause”

In a very important case, the Seventh Circuit departed from the overwhelming majority of cases that with a broad brush, enhance defendants for the full amount of the fraud and order forfeiture and restitution in the full amount, regardless of a defen… Read More
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Categories: Federal Law, Fraud