How May False Statements Made to a Bank Become a Federal Offense?

 Posted on June 29, 2021 in Fraud

If you provide inaccurate information during a transaction with a financial institution you may arouse suspicions of bank fraud. As shown by reporting in the Amarillo Globe-News, you may face federal charges if you submit false statements to an FDIC-insured bank and a U.S. Attorney convinces a grand jury you did so knowingly.

If you submit purportedly false statements on behalf of a business as its owner or employee, you may face allegations of having committed a federal offense. As reported by the Texas Standard, administrative-level employees such as office managers may also face charges when business owners involve their companies in financial misrepresentations.

HOW MAY FEDERAL AUTHORITIES BECOME INVOLVED IN AN INVESTIGATION?

Based on 2019 figures, the FDIC insured more than 4,500 U.S. banks. Suspicions of fraud raised by any of these financial institutions may lead to an investigation by federal agencies such as the FBI or the Criminal Investigation Division of the IRS.

Continue Reading ››

What are the Consequences for Misusing Opioids?

 Posted on June 17, 2021 in Drug Charges

One of the most commonly misused classes of prescription drugs in the United States is opioids. The opioid epidemic has taken many lives and left a brutal toll on American communities from east to west.

In order to halt the scourge that opioids have left on many communities, understanding what they are and what the potential consequences for misuse are is paramount. As per to the National Institute on Drug Abuse, an opioid is a medication that affects opioid receptors in the brain and spinal cord to lessen how intense pain sensations are.

HOW DO OPIOIDS WORK?

Once an opioid attaches to an opioid receptor protein, this causes the body to not be able to transmit pain signals as effectively. This is why they are good at reducing sensations of pain in thousands of patients. They can also make an individual drowsy, confused and produce nausea and constipation.

Because opioids also take effect on brain regions involved in reward, many people experience feelings of euphoria at very high doses. However, it is easy for people to develop a resistance to opioids, which is why many addicts resort to snorting or injecting opioids after prolonged use.

Continue Reading ››

Building a Defense: What are White-Collar Cyber Crimes?

 Posted on June 14, 2021 in White Collar Crimes

The phrase "white-collar crime" refers to criminal acts that are not violent and seek to benefit the perpetrator financially. Common examples of white-collar crimes are embezzlement, insider trading and wire fraud. Decades ago, people involved in such white-collar crimes had limited ways of carrying out the theft of money or information. Today, in Texas and elsewhere, computers open virtual doors for white-collar cyber crimes.

The Rise Of Cyber Crimes

Computers and access to the internet make it easier for cyber crimes to take place. Credit card fraud ranks among the top instances of cyber crimes. Fake merchant deals may lead people to provide their credit card numbers. In addition, hacking serves as a way to steal credit card information as numerous high-profile cases show that sophisticated hackers can circumvent even high-end cybersecurity systems.

Sometimes, a third party might try to procure information from businesses ranging from small ones to corporations. Phishing schemes could lead to someone giving up a company's passwords without realizing the mistake. People often provide passwords to bank and other accounts after responding to phishing emails. The simple scheme continues to work.

Continue Reading ››

What is Prescription Drug Fraud?

 Posted on June 08, 2021 in Fraud

Prescription drug abuse is one of America's greatest public health scourges. Prescription drug abuse tears families apart, devastates communities, and ends up making medical costs more expensive for everybody. This is why it is vital to understand what prescription drug fraud is and how to prevent it.

Prescription drug fraud is all over the United States, but primarily in the American South. According to Blue Cross Blue Shield, prescription drug fraud happens when an individual acquires medications through means of deception.

HOW DOES PRESCRIPTION DRUG FRAUD HAPPEN?

There are multiple ways for an individual to engage in prescription drug fraud. Some people use forgeries in order to obtain medications from pharmacies. Others simply go "doctor shopping" until they find a doctor who is willing to prescribe them the drug that they want.

One major sign is if an individual has many prescriptions from many different doctors, particularly for tranquilizers, opioids, and painkillers. If an individual is traveling to a pharmacy far away from where he or she lives, this may also be a sign of prescription drug fraud.

Continue Reading ››

The Correlation Between Transparency and White-Collar Crime

 Posted on April 19, 2021 in White Collar Crimes

White-collar criminals in Texas often feel as though their behavior will not affect anyone else. Holding a position of power, having access to corporate financial information and possessing narcissistic qualities may all increase one's risk of unethical behavior.

Just one of many ways that corporations can mitigate some of the risks of white-collar crimes is to incorporate transparency into the company culture.

Understanding Transparency

Transparency has benefits for every participant of a business endeavor including customers, employees, organizational leaders, shareholders and partners. According to Glassdoor, transparency is an effective information-sharing system that encourages everyone to share openly with each other. This communication takes place at different levels. For example, between team members, between executives and department managers, and between corporate representatives and the public.

Transparency fosters understanding and encourages unity and teamwork. With clear expectations and effective monitoring of employees, corporations can limit opportunities to commit crimes.

Continue Reading ››

How is Medicaid Fraud Handled in Texas?

 Posted on April 05, 2021 in Fraud

If you are facing Medicaid fraud charges as a health care provider, you probably have many concerns as a result of the case. You could worry about your reputation, ability to continue your career and the financial fallout of the allegations. It is vital to review your options closely and do what you can to protect your future.

In addition to reviewing relevant laws and going over the details of your case, it is helpful to understand how the state of Texas handles Medicaid fraud.

Looking At Medicaid Provider Fraud Cases

On their site, the Bureau of Justice Statistics goes over the ways in which different states handle Medicaid provider fraud. In Texas, the attorney general deals with provider fraud. On the attorney general's website, there are separate sections for civil Medicaid fraud and criminal Medicaid fraud. The Office of Inspector General deals with Medicaid recipient fraud.

Dealing With Medicaid Provider Fraud Charges

As a health care provider, you have a lot at stake if these accusations surface. Sometimes, providers are falsely accused of Medicaid fraud, while others face particularly harsh outcomes because they fail to prepare for court or work through their case appropriately.

Continue Reading ››

Fraud, Waste and Abuse: What You Should Know

 Posted on March 29, 2021 in Fraud

As a healthcare professional in Texas, you may have undergone training regarding fraud, waste and abuse in the workplace. It is critical that you understand what this entails, as you do not want to be associated with a situation involving fraud.Prescription drug fraud, wage and abuse comes with many harsh penalties, including hefty fines, job loss and potential jail time. Those who are convicted of prescription drug fraud may lose their professional license and have trouble gaining employment in any related health field after completing their penalties.

What Is Fraud, Waste And Abuse?

Prescription drug fraud occurs when a person intentionally uses false information, such as a fake name or diagnosis, to get an insurance company to pay for medication, according to the American Pharmacists Association. A pharmacist who uses the wrong insurance or forge prescriptions is an example of fraud. Waste, on the other hand, is involved when a professional or company overutilizes services, resulting in unnecessary costs. For example, a pharmacy sends prescriptions that were never ordered by the doctor or the patient, simply to bill the insurance and obtain payment. Actions that result in extraneous or inflated payments for prescription drugs are known as abuse. This occurs when a pharmacy bills the insurance for a brand name drug and dispenses the generic drug to the patient.

Continue Reading ››

What Penalties Come With Mail Fraud?

 Posted on December 16, 2020 in Fraud

In Texas, the law treats mail fraud as a serious crime. If you face related charges, the penalties could have a permanent impact on your life.

But just why is mail fraud so heavily punished? And what are the penalties?

How The Law Defines Mail Fraud

The Congressional Research Service examines mail fraud and its related penalties. First, the penalties are high because mail fraud is a felony and federal crime. Why? Because of the use of the United States postal system. Mail fraud involves the use of mail, whether this includes letters, packages, postcards or more. It does not matter if you use a private or public courier, either. All mail travels through the federal post.

Punishment For Mail Fraud Convictions

If convicted, you face imprisonment for up to 20 years along with a fine. For individuals, the fine is up to $250,000. For organizations, it is up to $500,000. If you take advantage of a natural disaster or financial institution, the stakes rise. You could face up to 30 years in prison and a fine of up to $1 million.

Continue Reading ››

How is Fraudulent Intent Proven?

 Posted on December 07, 2020 in Fraud

You likely never anticipate that your business dealings could potentially leave you facing charges of fraud or some other federal crime. Yet should your transactions with a particular partner or client not yield the anticipated results (and end up leaving them facing a financial loss or hardship), that could potentially happen?

How is it that your actions could come under scrutiny in this manner? The issue may be due to a discrepancy between your client or partner's expectations and the actual circumstances of the situation. Proving this (in defense of accusations of fraud) requires analyzing your intent.

Reviewing The Definition Of "Fraudulent Intent"

According to the U.S. Department of Justice's Criminal Resource Manual, proof of fraudulent may have less to do with the direct evidence related to your case than it does the totality of the circumstances. This can serve to both bolster or weaken your defense of your conduct. For example, the net effect of a business transaction being a significant financial loss for your partner or client (but not necessarily for you) may seemingly imply fraud. Yet you presenting evidence of the ever-present potential for such a loss may counter such an implication (while simultaneously showing you operated in good faith).

Continue Reading ››

What Prosecutors Must Prove in Money Laundering Cases

 Posted on November 11, 2020 in Criminal Defense

Before a judge can convict you of a money laundering offense, the prosecutor has certain facts that he or she must establish.

According to The U.S. Department of Justice, the evidence of money laundering may be either direct or circumstantial, but it must prove these aspects of illegal activity.

1. Transaction

The prosecutor does not have to prove that you performed a financial transaction, but there must be evidence that you at least participated in the attempt to perform a financial transaction. This could include a sale or purchase, a loan, a gift or a transfer. The transaction must affect commerce between states or internationally and involve wire transfers, money or property, or use a financial institution that affects commerce between states or internationally.

2. Intent

Proving that you intended to participate in a money laundering offense may be more difficult than proving the initiation, conclusion or attempt to carry out a financial transaction. Your intent could be clear if the prosecutor can show that you knew the money, property or other asset came from the committing of a felony at the federal or state level, or from the violation of a foreign law. It does not matter whether you are aware of what the offense or violation is. It only matters that you know that the asset is the proceeds of an illegal action.

Continue Reading ››