» Fraud

cryptocurrency on a tablet

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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justice scales and law books on desk in lawyer office.

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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lady justice with judge's gavel

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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2019 – WHITE COLLAR CASES REVIEWED

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
Bank - Law Offices of Hope C. Lefeber

Federal Bank Fraud: Defendant Need Not Intend to Defraud the Bank

The U.S. Supreme Court, in Shaw v. United States, held that a violation of the federal bank fraud statute does not require a finding of intent to defraud the bank. In this case, Lawrence Shaw stole over $300,000 by using fraudulent personal informati… Read More
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Categories: Fraud
Bribery - Law Offices of Hope C. Lefeber

Supreme Court Rules Against Expanded Use of Federal Bribery Laws

The misuse of the power in the context of our criminal system can have a serious impact on individuals facing charges. Overzealous prosecutors may take a simple criminal statute and begin applying it in a much broader context, in essence creating cri… Read More
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Bank - Law Offices of Hope C. Lefeber

Supreme Court Will Decide Required Criminal Intent for Federal Bank Fraud Crime

A divide in the law on bank fraud may soon be resolved. The United States Supreme Court recently decided it would hear the case of Shaw v. United States in its upcoming October term. The case presents the court with a question that has divided lower… Read More
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