Arenstein & GallagherCincinnati Criminal Defense Lawyer | Federal Crimes2025-11-04T05:13:09Zhttps://www.arensteinlaw.com/feed/atom/WordPressOn Behalf of Arenstein & Gallagher<![CDATA[5 common types of fraud charges]]>https://www.arensteinlaw.com/?p=479652024-01-10T14:51:31Z2024-01-10T14:51:31Zfraud charges, it's essential to recognize the specific nature of the charge they are facing, as this knowledge can significantly inform a responsive defense strategy.
Mortgage fraud
Mortgage fraud occurs when false or misleading information is provided to obtain a mortgage loan. It can be committed by applicants who exaggerate income or hide debts, or by lenders who use unethical practices to approve loans. This type of fraud affects financial institutions and can have a broader impact on the housing market.
Identity theft
This invasive form of fraud involves stealing someone's personal or financial information to commit fraud. It's a severe offense that can lead to significant financial loss and emotional distress for the victim. Identity theft can range from credit card fraud to more complex schemes involving stolen social security numbers.
Credit card fraud
Credit card fraud involves using someone else's credit card information without their permission for unauthorized transactions. This can range from cloning credit cards to using stolen card information online.
Insurance fraud
Insurance fraud can occur in various ways, from exaggerating claims to fabricating accidents or damages. This type of fraud impacts insurance companies and raises premiums and costs for honest policyholders. It's a significant issue in the insurance industry, which leads to stringent investigations and severe penalties.
Bankruptcy fraud
Bankruptcy fraud is a deceit related to bankruptcy proceedings. It includes hiding assets to avoid forfeiture or making false claims about one's financial status. Bankruptcy fraud undermines the legal process designed to provide relief to those genuinely in financial distress and can result in criminal charges and serious legal consequences.
Each type of fraud risks specific legal implications and requires a nuanced approach. As such, seeking legal guidance after being accused of fraud is important.]]>On Behalf of Arenstein & Gallagher<![CDATA[What are the consequences of white-collar crimes in Ohio?]]>https://www.arensteinlaw.com/?p=479432023-11-08T13:35:55Z2023-11-08T13:35:55ZA variety of criminal penalties
Both the federal courts and the Ohio criminal courts can impose an assortment of criminal consequences for white-collar criminal convictions. A guilty plea or conviction might lead to jail time or probation. The courts can also impose fines that an individual has to pay in addition to making them responsible for court costs.
Restitution and career consequences
Both the state of Ohio and the federal government will sometimes order individuals to pay restitution to those impacted by white-collar criminal offenses. Victims of fraud who lost their life savings and businesses that uncovered embezzlement can receive repayment for the financial harm caused by that criminal activity.
Restitution orders create financial penalties beyond the fines imposed as part of a criminal sentence. Paying that restitution can be a challenge, as someone convicted of a white-collar criminal offense may struggle to secure well-compensated work. In some cases, an individual may not be able to go back to work in the same profession after a conviction for a white-collar criminal offense. State licensing boards may bar someone from obtaining a license in the future, and the criminal record that follows someone after a conviction may also limit their career opportunities.
Learning more about the possible penalties associated with a guilty plea or conviction means could inspire people to fight back against allegations of financial crimes. Seeking legal guidance is a good way to start.]]>On Behalf of Arenstein & Gallagher<![CDATA[What to do if arrested for a federal drug crime]]>https://www.arensteinlaw.com/?p=479422023-09-10T14:41:21Z2023-09-10T14:41:21ZMaking use of one's basic rights
The most important thing someone taken into federal custody for a drug offense can do is to know and use their rights during their interaction with law enforcement. Those under arrest have the right to remain silent, meaning that they do not have to discuss their situation with investigators or federal law enforcement professionals at all. They also have the right to speak with an attorney and have them present during any interaction with investigators. Making use of that right will be of the utmost importance for those hoping to avoid mistakes that could complicate their situation or lead to secondary charges.
Avoiding common interview mistakes
Those talking to local police officers during an investigation might tell the officers that they don't know the answer to a question as a way to get out of implicating themselves. Such a tactic could very easily backfire during the federal investigation. Any inaccurate statements made to federal investigators, including a claim that someone does not have certain information, could directly lead to federal criminal charges. Lying to investigators is a crime in and of itself that the federal government can pursue even when it doesn't have enough evidence to establish that someone broke other laws.
Avoiding over-sharing while in federal custody
People who believe they might soon face federal prosecution often become so anxious that they cannot make rational decisions. For example, they might call family members or acquaintances to advise them of their arrest and then say something during the call that implicates them. Telecommunications from within a federal facility will be subject to recording and review. Even statements made to other people held at the same facility, possibly in an attempt to look intimidating and avoid harassment, could lead to that party becoming a jailhouse informant and repeating those statements in front of a criminal court later.
It is often what someone says and does after their initial arrest that helps the federal government build a case against them. Knowing what to do and what not to do after a federal drug arrest can make all the difference to the outcome of someone's criminal case.]]>On Behalf of Arenstein & Gallagher<![CDATA[3 types of white-collar crimes that may lead to federal charges]]>https://www.arensteinlaw.com/?p=479412023-06-26T23:21:48Z2023-06-26T23:21:48Zwhite-collar crimes to face federal prosecution instead of state charges. These are some of the financial crimes that are frequently prosecuted at the federal level instead of at the state level.
Money laundering
When the state charges someone with a money laundering offense, the allegations relate to trying to legitimize illegal income. Money laundering often has ties to organized crime and may make use of interstate banking systems, which is why federal prosecution is common when there is evidence connecting an individual or multiple parties at a business to a money laundering scheme.
Mortgage fraud
There are provisions in banking laws that make misrepresenting one's financial circumstances on a mortgage application a federal offense. Therefore, individuals who commit mortgage fraud for housing or profit could very well find themselves facing federal prosecution. Professionals within the financial industry accused of mortgage fraud may also find themselves facing federal prosecution, as the case may involve interstate commerce or the use of the federal reserve to transfer funds.
Investment fraud, like Ponzi schemes
When an individual or business tricks others into investing money with the intent of defrauding them, the situation could very easily lead to federal prosecution. Anytime that offenses cross state lines, which is common with large-scale investment schemes, the federal government will likely be the entity to prosecute the parties accused of fraud.
Federal charges can mean mandatory minimum penalties and other challenges for a defendant, such as the risk of incarceration states away from their loved ones. Additionally, they will need to be cautious when selecting an attorney, as not all lawyers have experience in federal court. Making sense of why the charges someone faces stem from federal authorities instead of the state may help that person formulate a more effective defense strategy with the lawyer they’ve retained to fight their charges.]]>On Behalf of Arenstein & Gallagher<![CDATA[Is it ever beneficial to talk to the police?]]>https://www.arensteinlaw.com/?p=479402023-05-07T09:44:55Z2023-05-07T09:44:55Zunder arrest or being interrogated by law enforcement at the police station and haven’t been “Mirandized.”
As a result, it’s typically not a good idea to talk to police beyond giving them your name and other identifying information that they may request (for example, at a traffic stop) without legal representation. Too often, people think they can outsmart police or talk their way out of an arrest. However, the more you talk, the more likely you are to say something that could land you in hot water.
Lying to police can get you arrested
You can potentially be charged with a crime for lying to police. People often think the law requires them to tell the truth only if they’re under oath (for example, during a deposition or on the witness stand). In fact, if a lie hampers an investigation, you could face obstruction of justice charges. That’s why even if police want to talk with you about a friend or colleague’s activities, it’s not a good idea to do so without legal guidance.
Law enforcement officers – particularly those who investigate white collar crimes – often get people to talk by being informal. While it may seem like a friendly chat, such interactions are still questioning by law enforcement, even if they occur in the comfort of your home or office.
When and how to invoke your right to counsel
How you invoke your right to have an attorney present is important. If you’re stopped by police, for example, don’t just clam up. Assert your right to counsel respectfully but clearly after providing any requested ID.
You have to be smart about it and consider the circumstances. If police are going door to door asking if anyone saw an assault or robbery that just occurred in the neighborhood, time is likely critical, so telling them what you saw or heard, if anything, can be helpful and not hurt you if you had no involvement. But if you’re in doubt, or if you’re already facing criminal charges, your best course of action is to get sound legal guidance right away.]]>On Behalf of Arenstein & Gallagher<![CDATA[Can you be arrested for fentanyl if you have a prescription?]]>https://www.arensteinlaw.com/?p=479372023-03-10T00:26:38Z2023-03-10T00:26:38ZThere are limits to the protection of a prescription
Simply having a doctor's recommendation to use a medication does not make it legal for someone to use that substance however they wish. They can only use the medication as directed by the physician overseeing their care. They must source the medication from a licensed pharmacy and have to abide by the guidelines regarding the dosage and timing, as well as restrictions on certain behaviors like driving.
If a doctor stops refilling a prescription, a patient cannot continue using the medication by sourcing it through the unregulated market. Those discovered in possession of someone else's medication or far more fentanyl than their doctor prescribed could end up arrested for possession even though they have a prescription for the medication.
Ohio applies serious penalties to fentanyl cases
Imposing harsh penalties, especially for those in possession of large quantities of fentanyl, is one way that the state seeks to deter the proliferation of a substance that has caused thousands of overdose deaths and damaged countless families.
Given the surge in criminal activity and hospitalizations associated with fentanyl abuse, the criminal courts in Ohio have a vested interest in minimizing fentanyl offenses. Responding appropriately to pending drug charges related to fentanyl possession can benefit those who have been accused of violating control substance laws in Ohio with or without a prescription.]]>On Behalf of Arenstein & Gallagher<![CDATA[When do drug crimes and white-collar crimes overlap?]]>https://www.arensteinlaw.com/?p=479362023-02-12T22:18:19Z2023-02-18T22:16:50ZWhen someone profits from drug manufacturing or trafficking
Anyone who creates, transports or distributes controlled substances could potentially face criminal charges for their actions. The money that they earn can even be a source of risk, as it can be very difficult for people to spend or save illicitly-gotten resources.
As a result, money laundering efforts often go hand-in-hand with drug enterprises. Those achieving success in distributing or manufacturing drugs typically need to find ways to legitimize their revenue, thus resulting in money laundering charges in addition to drug-related charges if they get caught.
When a professional develops an addiction
Substance abuse disorders can drastically change a person's behavior. Someone who has spent years developing their career could undermine everything in a few weeks if they become dependent on prohibited substances or pain medication for which they no longer have a prescription.
Professionals, desperate to access specific medications, might engage in fraud to pay for their drugs or to access them. Prescription fraud and embezzlement are both examples of white-collar crimes that professionals may commit as a means of supporting their substance abuse disorder.
Prosecutors are often eager to levy the most serious charges they can against a defendant and will frequently hand down multiple charges over a single incident. Learning more about the somewhat surprising intersection between white-collar crimes and drug offenses can help those who need to plan a strong criminal defense strategy.]]>On Behalf of Arenstein & Gallagher<![CDATA[What are the top three white-collar crimes?]]>https://www.arensteinlaw.com/?p=479352023-02-12T22:14:38Z2023-02-12T22:14:38Z1. Lying to investigators
In a significant number of white-collar criminal cases, the prosecution someone faces will be the result of an investigation, not necessarily a crime that is being formally prosecuted. The Martha Stewart insider trading case is a perfect example.
She did not serve jail time for specific financial transactions but rather for misrepresenting information to investigators. Prosecutors could not gather enough evidence to pursue charges of financial crimes against her, but they could prove that she lied to investigators, which is a crime.
2. Various forms of fraud
There is mortgage fraud which often affects financial professionals and would-be homeowners. There is healthcare fraud which often affects people who are unfairly obtaining medical treatment or improperly billing insurance companies. Wire fraud, mail fraud, insider trading and countless other forms of financial crime deprive individuals and businesses of their resources every year.
3. Embezzlement
Unlike many white-collar crimes that require extensive investigation and years of effort, embezzlement crimes often come to light because a business draws attention to an issue.
Companies that want to hold workers accountable and recoup some of their losses may report suspected embezzlement, essentially providing prosecutors with all the information they need to pursue charges against the individual involved. Embezzlement is a widespread issue in the United States that can cost individual companies tens of thousands of dollars or more per incident.
Those accused of white-collar criminal offenses will often have to invest a lot of time and careful consideration in the development of their defense strategies. From thoroughly reviewing state evidence to learning more about the codes allegedly violated, there are many ways for defendants to prepare for their day in court.
Getting the right help can facilitate a more appropriate response if you stand accused of a white-collar criminal offense. These offenses may be common, but as the conclusion of your case will matter uniquely to you, it’s time to build the strongest case possible under the circumstances.]]>On Behalf of Arenstein & Gallagher<![CDATA[The drugs trending in Ohio and the risk of an arrest]]>https://www.arensteinlaw.com/?p=477602022-09-02T20:03:35Z2022-09-02T20:03:35Zreport using the most in Ohio, and such use is often legal provided that the people involved are over the age of 21 and behaving responsibly. However, there are many other prohibited, mind-altering substances that a significant portion of individuals use in Ohio currently, as well as controlled substances that people abuse.
What are the current drug trends in Ohio?
Ecstasy, hallucinogens, and ketamine are the least popular
There was a time not that long ago when ecstasy, also called e, MDMA or Molly, was one of the most popular prohibited drugs. These days, only a tiny subset of people report using MDMA. Hallucinogens including LSD and ketamine are similarly unpopular, possibly due to how hard they can be to obtain.
Methamphetamine is the most popular illicit drug
Those using drugs in Ohio often turn to methamphetamine. It is the second most popular substance after alcohol. The next most popular is crack cocaine, followed by fentanyl, marijuana and prescription medications.
Law enforcement experts across the state warned that they have discovered fentanyl contaminating many drugs across the state. Given the possibility of an overdose, that is certainly reason for concern for those buying any kind of powdered or crystalline drug. The more widely used certain substances are, the more likely law enforcement agencies are to focus on those substances when looking for sources of distribution and even targeting individual users.
Those manufacturing and distributing methamphetamine or passing along prescription medication to others are at elevated risk of encountering law enforcement and facing major penalties after an arrest. Those accused of drug offenses can mount various defense strategies depending on the type of drug crime the state has accused them of possessing and the evidence that the state has against them.
Understanding what drives law enforcement priorities when it comes to drug policy will help you minimize your risk of drug charges or choose them more effective defense strategy.]]>On Behalf of Arenstein & Gallagher<![CDATA[2 ways medical billing practices can lead to Medicaid fraud]]>https://www.arensteinlaw.com/?p=477222022-07-01T19:44:21Z2022-07-01T19:44:21Zstate authorities look aggressively for warning signs of provider insurance fraud.
When there are discrepancies between the treatment a patient receives and the invoices their health care provider submits, criminal prosecution could result. The physicians themselves and their support staff could be at risk of Medicaid or Medicare fraud charges because of company billing practices.
What kinds of behaviors might lead to allegations of government insurance fraud?
Improperly billing for services rendered
When a patient comes in for a simple outpatient procedure, there will be an approved reimbursement rate for those services. Your office should record the exact treatment provided and then bill for those services specifically.
When someone changes the billing code to a similar but more expensive procedure, that is fraud. If a worker takes multiple services traditionally combined for a discounted billing price and unbundles them to charge for them separately, that can be a form of insurance fraud as well.
Billing for services not rendered
Your office may impose a same-day cancellation fee for patients who do not attend their appointments. The reason is not to punish them but rather to prevent a loss of revenue, as you cannot bill for the time you committed to a patient who did not arrive.
It is insurance fraud to bill for appointments that did not occur. It is also insurance fraud to add extra charges to an appointment that did occur in the hope of receiving more payment. Subjecting patients to treatments they don't require to bill for them is another form of fraud that comes with a secondary layer of criminal consequences because of the misconduct toward the patients.
Realizing when billing practices may cross the line into prosecutable offenses could help you and the people working at your company avoid white-collar criminal charges.]]>