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Atlanta Federal Criminal Defense Law Blog

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.

Fight criminal tax violation charges with experienced counsel

Tax evasion, the crime of using unlawful methods to avoid reporting income, is one that can have serious consequences. Not only is failing to file a tax return a crime, but so is filing a fraudulent one. Tax evasion includes, but is not limited to, money laundering, submitting false documents, aiding or abetting tax violations and making false statements to investigators. Whether it is a small business owner neglecting to report a day's income or a millionaire using an offshore account, tax evasion is taken seriously by prosecutors and should be taken just as seriously by Atlanta residents facing charges of criminal tax violations.

Last week's post on the Atlanta Federal Criminal Defense Blog outlined employer and employee responsibilities when it comes to taxes. Neglecting to fulfill these responsibilities can lead to criminal charges. These charges can affect not only your reputation as an employee or employer, but also your state of mind as you try to understand the charges levied against you and how to counter them.

What are GA employer and employee IRS tax responsibilities?

For employers and employees in Georgia, it is important to understand the laws when it comes to tax enforcement and the consequences for failing to adhere to them. The employer and employee share in the responsibility of taking out and paying taxes to the IRS. In most circumstances, the employer will withhold taxes, so the employee does not have to worry about it, but this is not always the case. The employee needs to be aware of this and make the adequate payments to avoid criminal tax violations and the consequences.

Employers are required to file a report about taxes and income that were withheld. They must be placed into a financial institution that is authorized according to the governmental requirements. This must be done annually. If there is a violation of this law, there is the potential for tax enforcement to pursue the employer. As for employees, there is a responsibility to pay taxes or have them automatically taken out of their paychecks.

What is Georgia mortgage fraud?

Prior to the Great Recession, many Georgians were able to become homeowners. Yet, once the housing bubble burst, things rapidly began to change. By 2009, foreclosures and mortgage delinquencies were on the rise. This often led to instances of industry-wide mortgage fraud. Although the housing market is starting to turn around, readers in Georgia may still wonder, "What is mortgage fraud?"

Criminal investigation leads to arrest of married couple

When people are arrested and charged with robbery and identity theft in Atlanta and surrounding areas, there are many issues they will have to consider as the case moves forward. Since identity theft has become so prevalent with the number of people using credit and purchasing items online, identity theft laws are in place to try and stop these activities and punish those who are convicted. Given the serious penalties that are possible for those convicted, it's imperative to know how to move forward when lodging a defense.

A husband and wife, ages 25 and 26, were arrested on numerous charges including burglary, breaking into a vehicle, identity fraud, credit card theft and fraudulent financial transactions. The couple is alleged to have broken into a vehicle to steal a purse. They are accused of using the debit card they found in the purse. They are also accused in other burglaries as well as stealing a Florida woman's identity and getting a credit card in her name. There might be other crimes pending as the investigation continues.

Prosecution of tax violations up in 2013 fiscal year

Tax violations, such as tax fraud, tax evasion and filing false tax returns are taken seriously in Georgia and across the United States. In fact the Internal Revenue Service has reported that in the 2013 fiscal year, enforcement activities significantly rose leading to convictions against alleged perpetrators.

Federal criminal court is different than state criminal court

There are two main bodies of law in the United States, federal law and state law. Most crimes committed in the United States fall under one or more state laws and, as such, are heard in a state criminal court. Some acts, however, constitute violations of federal law for which the alleged perpetrator must appear before a federal court to plead his or her case.

Federal criminal cases are normally investigated by one or more federal agencies such as the DEA, FBI, and the ATF, among others. Before charges are filed, evidence is brought before a grand jury. A U.S. attorney acts on behalf of the United States as the prosecutor and presents evidence to the grand jury; the grand jury, in turn, decides if the evidence is sufficient to bring the case to trial.

Five arrested in Georgia identity theft ring

Identity theft can take many different forms. Whether it involves social security numbers, checks, mail, credit cards or more, this type of crime can carry severe consequences. Recently, an extensive identify theft operation was caught by law enforcement. The case shows how complex such operations can be and the serious penalties that accompany it.

Five residents of Georgia have been arrested on various charges after law enforcement busted what appears to be an extensive identity theft ring. Police say the two oldest members of the operation rented a house to serve as a base of operations as they recruited several other members to assist in the fraud. The members would steal mail from mailboxes to obtain personal information before using that same information to create bogus bank accounts, credit cards and more. When police investigated the house of the operation, they found stolen mail numbering in the hundreds, counterfeit currency, check-making materials, fake driver's licenses and more.

What is identity theft?

If you are facing federal theft charges, it is very important to understand the nature of the charges you face. There are a number of different types of theft, including robbery, shoplifting and cyber crimes such as identity theft. Penalties vary depending on the nature of the crime, but can be serious.

When an Atlanta resident is accused of identity theft, it means they have been accused of wrongfully obtaining someone else's personal information and using that personal information to commit theft or fraud. Personal information includes names, Social Security numbers, addresses, birth dates, passport numbers, bank account numbers and even telephone numbers.

Politician faces federal charges for mail, wire fraud

Federal charges carry serious repercussions, even if they do not lead to convictions. Criminal charges have the potential to ruin the accused individual's personal and professional life, from his or her reputation in the workplace to family relationships. This is why they should be taken seriously, especially if they involve federal crimes since these carry harsher penalties, prison sentences and fines than some state crimes.

This may be the problem a famous politician is facing in Georgia after an indictment revealed federal charges of wire and mail fraud. According to the U.S. Attorney, he is accused of defrauding clients to the tune of $1.8 million, sometimes under the pretense of creating trusts for them. In addition to this, the allegations include that he falsely represented that he was taking down payments from his clients to assist them in getting loans. The 55-year-old man is accused of using the funds to pay his credit card bills, personal expenses and repaying other clients. The alleged crimes took place between 2008 and 2013.

Nick Lotito Seth Kirschenbaum

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