Former Federal Prosecutors ยท Atlanta, Georgia
Nick Lotito Seth Kirschenbaum
Free Initial Consultations

Atlanta Federal Criminal Defense Law Blog

How an Atlanta resident can end up in federal court

Residents of Atlanta may have heard that federal trials are speedier than state trials and also that they are prosecuted more aggressively than at the state level. In some cases these perceptions may be true, but not always. Regardless, federal court can be very intimidating for anyone charged with a crime. If you are accused of federal crimes and learn that your trial is taking place in a federal court, you may be wondering why. This is because the federal court has jurisdiction over the case - in other words, a federal court has the authority to hear that specific case.

Federal courts generally only hear cases in which the United States is a party, the case involves a violation of the Constitution or of US federal law, if the case involves bankruptcy, maritime, patent, or copyright issues, or if the amount involved is more than $75,000 and the parties are citizens of different states. In addition to this, if drugs are brought across state lines or U.S. mail is used to deceive someone, it is a federal offense. If the crime is committed on federal property, a federal court has jurisdiction to hear the case.

What are your rights if accused of a federal crime?

Though people might hear the term 'federal crime' many times, they may not be entirely sure what it means. A federal crime is one that extends beyond state boundaries or has a direct impact on federal interests. Federal crimes are highlighted in Title 18 of the U.S. Code. If an Atlanta resident is charged with a federal crime, he or she may wish to know what rights he or she has.

An accused's rights are outlined in the U.S. Constitution's Bill of Rights and incorporated into the Federal Rules of Criminal Procedure. Federal criminal trials are governed by the Federal Rules. Some of the guarantees provided to an accused are: the right to equal protection under the law, the right to have legal counsel present, right to a jury trial and the right to confront witnesses.

Destroying public mailboxes is a serious federal charge

Many Fulton County residents know that US federal law prohibits a very broad range of conduct, ranging from drug offenses to white collar crime. It can seem that there is a federal law dealing with almost any possible scenario involving the federal government. One of the lesser-known provisions in the U.S. Code forbids destroying public mailboxes.

Did you know that the federal government considers all mailboxes to be federal property? This includes not only the big blue boxes visible on many streets, but also city residential mailboxes and rural area mailboxes too. These are all protected under federal law.

Man arrested on fraud, theft charges in Georgia

Since fraud is basically deceiving someone for monetary benefit, it is a very wide concept and the crime of fraud has many facets. Insurance fraud, mortgage fraud, identity fraud and financial transaction card fraud are all examples of fraud charges that someone can be charged with and each one is treated very seriously and can carry serious penalties. If someone is facing charges encompassing all these crimes, they may need to start considering their defense strategy as soon as possible.

These may be the thoughts going through the mind of a 35-year-old man who was recently arrested on 14 felony warrants in Georgia. His charges include three charges of insurance fraud, identity theft, forgery and financial transaction card fraud each and two of theft by receiving-a total of 14. According to the authorities, it is possible more felony charges are added to this list.

An attorney can help fight identity theft charges

Not many people may be aware of the emotional trauma and the ramifications of being unjustly accused of a crime. As discussed last week on this blog, it can take years to rebuild one's life after facing criminal charges for something and many people may not understand what the Atlanta resident is going through. But lawyers at our firm understand and can help you.

We understand that allegations are serious business and can affect the accused from the very beginning. Therefore we take them seriously and work from the onset to secure your rights. Over 60 years of combined legal practice has given the founding lawyers an in depth knowledge of law pertaining to identity theft and experience as former prosecutors provides them the benefit of understanding the prosecutorial mindset. They can use this knowledge for the benefit of the people they represent.

What is identity theft?

It takes years to build up a name-hard work and commitment are required to ensure one's name remains in good standing. When that name is stolen and all that hard work wasted, it can severely impact the rest of the Atlanta citizen's life. One instance when someone's personal data is stolen in order to use it for fraud or deception leading to economic gain is known as identity theft. Personal data includes social security numbers, credit card numbers and bank account information.

The federal offense of identity theft was created in 1998 and is treated very seriously. Even though there is rarely any direct physical harm in this form of crime, it can cause emotional and financial problems for the victims and therefore carries severe penalties.

Arts Center suspects former employee of embezzlement

Atlanta residents suspected of criminal activity should take the allegations seriously and work towards clearing their name as soon as possible before they feel the effects in the rest of their life. Often, the accusations are the result of misunderstandings and can be cleared up easily.

After conducting an internal investigation into some missing money, the Woodruff Arts Center suspects that a former employee is responsible for embezzling more than $1 million from Atlanta's largest cultural organization. Even though they have announced in recent reports that they suspect embezzlement, the name of the person they suspect has not been released.

How does healthcare fraud take place?

Fraud in the healthcare industry costs the country billions of dollars a year. It is taken very seriously by the authorities and carries harsh penalties to deter others from going down the same path. As the prevalence of a crime rises, the investigations into it also increase and the penalties become harsher to deter others from committing the same crime. Healthcare fraud is one of those crimes, as the Federal Bureau of Investigation is tasked with investigating alleged schemes, whether the insurance program is federal or private.

Indictment issued against two for healthcare fraud

For people running and owning businesses, accusations of fraud can mean the end of a reputation it has taken years to build and maintain. When accusations lead to an indictment and arrest, the damage may be irreparable. In order to protect one's image in the community, it is important to fight accusations as soon as possible. When an indictment has been issued it is even more imperative to prepare an aggressive defense quickly as the trial goes faster in these cases.

Two people in Georgia were charged with allegedly filing fraudulent claims with Medicare and the Georgia Medicaid program. The two operated and owned two separate medical centers in Georgia.

Healthcare fraud charges for two in Georgia

According to the Georgia Attorney General's Office, two people have been charged with stealing more than $977,000 from Georgia Medicaid between July 2013 and end August 2014. Criminal charges are serious in nature and should be treated as such, but health care fraud allegations have the potential to shut down the accused's place of business in addition to affecting their professional reputation. Sometimes accusations are the result of misunderstanding a business model or sometimes the case can be something else. Whatever the situation, when charges are pressed, consulting an experienced attorney can help prevent the case from going any further.

One of the accused owned and operated an athletics company and the other owned and operated a health services company with branches in various locations in Georgia. Allegedly, both these companies were enrolled in Medicaid and were supposedly providing services and charging them to the Georgia Medicaid program.

Nick Lotito Seth Kirschenbaum

Nick Lotito & Seth Kirschenbaum
918 Ponce de Leon Avenue, N.E.
Atlanta, GA 30306

Phone: 404-688-2000
Fax: 404-872-1622
Map & Directions

Atlanta GA