Recent Blog Posts
White collar crime: Texas doctor charged with federal health care fraud
White collar crimes are those that do not involve violence, but rather dishonesty or deception in order to get an illegal financial or other similar benefit. These crimes usually are committed by people in their professions or jobs, or in other positions of trust like guardians, conservators or officers or employees of nonprofit entities.
Health care fraud
A major problem in the U.S. is the commission of fraud in health care, such as the white collar crime of Medicare fraud. Medicare is the public federal health insurance program for people who have required work histories (or qualifying family members who do) and are seniors or persons with disabilities. Examples of acts that could qualify as Medicare fraud include:
- Submitting claims to the government for payment for services never rendered.
- Submitting claims containing falsehoods about diagnoses, dates of service or service codes.
- Referring patients to other medical facilities in which referring providers or their families have financial interests.
Dallas police force looking to track drug money moving to Mexico
A recent grant to the Dallas Police Force will create a unit to investigate financial crimes associated with drug trafficking. According to U.S. authorities, nearly $30 billion in drug money leaves the U.S. for Mexico every year. The money is funneled through various means before reaching cartels in Mexico, where it is often used to bribe officials and otherwise further a cartel's power and influence.
Money laundering is a key component of the drug trafficking trade. Proceeds gained from illegal drug transactions are reinvested in legitimate businesses or luxury goods. Income may be hidden through false receipts or the misrepresentation of income from legitimate sales and businesses. Offshore bank accounts and wire transfers are also frequently used to transfer money. Debit and credit cards may be maxed and then transferred across the border.
Historically, Dallas law enforcement has not focused much on money laundering as a means to convict drug traffickers. While police will seize readily-available assets, such as hidden cash, much of the local law enforcement efforts focus on arresting people in possession of illegal drugs. The DPD has also used wiretapping, gathering intelligence through infiltration and going after drug kingpins in their enforcement of drug laws.
Border agents in Texas report surge of methamphetamine traffic
The Texas-Mexico border has always been a major entry point for bringing illegal drugs into the United States. For a long time, marijuana, cocaine and heroin represented the vast majority of illegal narcotics intercepted by Customs and Border Protection agents stationed in Texas. However, over the last several years, CBP reports that methamphetamine traffic has risen steadily.
The Texas Tribune recently published data showing that CPB agents in the Laredo district seized approximately 2,200 pounds of methamphetamine in 2012. This is a 116 percent increase from 2011. In turn, in 2011, CPB agents in Laredo seized 34 percent more methamphetamine than they did in 2010.
The reasons for the increase are varied. American appetites for the drug have grown significantly, largely because methamphetamine is simultaneously highly addictive, cheap and potent. A recent study by the University of Texas Addiction Technology Transfer Center Network shows that since 2007, the purity of methamphetamine has increased by 127 percent. At the same time, the purchase price has fallen by approximately 70 percent.
Texas declines to join national sex offender database
Six years ago, the federal government passed the Adam Walsh Child Protection and Safety Act, a law designed to create a uniform sex offender registration system throughout the United States. Along with five other states, Texas officials have decided that the added costs of participating in the registry aren't worth the potential benefits it could bring.
Texas officials estimated that it would cost approximately $38 million to bring the state's sex offender registration system into compliance with the requirements of the federal law. The penalty for non-compliance is a 10 percent reduction in the crime prevention grants states receive from the federal government. Texas stands to lose approximately $1.4 million as a result of opting out of the federal registry.
In order to comply with the law, Texas would have to significantly expand the state registry, which already includes approximately 70,000 convicted sex offenders. This is because the federal law encompasses more offenses than the state law does.
Drugged driving in Illinois can lead to serious consequences
Facing a drunk driving charge can bring serious legal penalties against an Illinois driver. It can result in expensive fines, loss of driving privileges and even the potential for time behind bars. A person who is facing charges of drugged driving will also face the same penalties, but the way law enforcement can enforce this and test for drugs is still a little murky.
At the beginning of this year, new laws went into effect in Illinois regarding having marijuana in a vehicle. However, it is still illegal for drivers to operate a vehicle while under the influence of marijuana. Tests that measure the amount of THC in a driver's system are still not completely accurate, and there is no single, standard, reliable way to test at a roadside traffic stop.
Handling drugged driving
According to new laws, drivers are able to have marijuana in their vehicles, but they cannot consume it while driving. It is also illegal for a passenger to smoke marijuana while in the vehicle. When transporting marijuana, it must be inside a specific type of child-proof container. If a law enforcement officer pulls a driver over, things such as slow response time, red eyes and drowsiness could indicate drugged driving, and the officer may then ask the driver to submit to certain sobriety tests.
Extensive prison sentence for failing to register as sex offender
One of the most common and prohibitive penalties that come with a conviction of some sexual criminal offenses is compelled registration as a sex offender. For certain individuals, a conviction will bring the requirement of registering with the appropriate parties and updating that registration over time as needed. One Illinois man recently failed to update his registration, and he is now facing an extensive prison sentence as a result.
His registration requirement comes as a result of two previous convictions for sexual assault. One of his sexual assault convictions was for the assault of a minor, resulting in his obligation to register as a sex offender. At the time he failed to update his registration status, he was already under supervised released because of an unrelated drug conviction from 2006.
As a result of failing to update his registration, he was sentenced to 30 months in a federal prison facility and an additional 24 months in a federal supervised release program. After he is eventually released from prison, the Illinois man will be under supervision for 10 years. He will begin serving his sentence immediately after the one he is currently serving is complete.
The rights of those charged with sexual crimes
Facing criminal charges is a serious threat to an Illinois defendant's future, especially if that individual is charged with sex crimes. The stigma that comes with these allegations can have a significant impact on an individual's life, even if found not guilty. Those facing charges of sexual crimes would be wise to know their rights and how to protect their interests.
The penalties for a conviction of a sexual crime can include much more than the potential for time behind bars. It can lead to a loss of reputation, loss of future job opportunities, expulsion from educational programs and more. There may also be a requirement to register as a sex offender, which in turn impacts the job application process and housing options. It can have a detrimental effect for years to come.
An individual facing charges or the requirement to register as a sex offender can face various legal challenges going forward. Because of this, it is critical to have experienced guidance at every step, starting from the first hint of a criminal investigation. An Illinois defense attorney can help fight for favorable results or assist in post-conviction matters.
The right defense help is critical for opiate-related charges
If convicted of drug charges, it will bring serious impacts that will affect a defendant well into the future. With the growing popularity of opiate use in Illinois, the number of opiate-related charges is growing. Opiates or opioids are drugs derived from a specific plant, and they include prescription drugs such as morphine, methadone, fentanyl and oxycodone. Improper use or sale of these drugs can result in serious penalties.
Patients who go through surgery or another serious medical event are often prescribed opiates as a painkiller option, such as Vicodin or OxyContin. For some, this can lead to a dependency on these medications. After a time, those who are dependent may look to nonmedical sources for drugs. What started as a medical need can lead to criminal charges with the potential to alter the entire trajectory of a life.
This is why it is important to seek experienced defense counsel for these types of drug charges. With the right help, it is possible to effectively confront these charges and preserve future interests. An individual in Illinois convicted of the misuse of prescription drugs could face time behind bars, loss of educational opportunities, fines, loss of personal reputation and much more.
Over-prescribing may have led to your drug addiction
You've been in pain for a long time. You went through a surgery around 10 years ago, and ever since then, you've had chronic pain that hasn't let up. Your first interaction with opioid pain medications was after that surgery.
Your medical provider, at the time, told you that these drugs were completely safe. You were encouraged to fill your prescription on time and to ask for refills. As you found that your pain was not being treated as well over time, your doctor increased your dosage.
Today, in 2020, it's known that opioid medications can lead to tolerances, dependency and addiction. That came to light over time, but it was too late for you. At that point, you'd taken the pain medications for years, and you were left in a bind when the prescriber suddenly couldn't fill your prescriptions. You turned to illegal sources to obtain the medications you needed to handle your pain.
Unfortunately, even those with chronic pain and the best intentions can be charged for drug crimes. Physicians may be at fault for over-prescribing opiates, and it's true that pharmaceutical companies weren't as forthcoming as they should have been about addiction or dependency involving these drugs. Nevertheless, you're the one who is now facing drug charges.
R. Kelly enters not guilty plea in superseding indictment
According to news sources, rap mogul R. Kelly entered not guilty pleas to 13 felony counts in a new superseding indictment in federal court in Illinois on March 5. The indictment, which was unsealed in February, included a felony count for a new alleged victim.
During the hearing, prosecutors told the court that another superseding indictment would likely be filed within the upcoming weeks to add another alleged victim. Kelly's trial, which had been scheduled for April 27, was rescheduled for Oct. 13 upon a defense request. The defense attorneys said that they could not be prepared for trial by April 27 because of the addition of the new alleged victim.
Kelly is facing charges of sexually abusing numerous women when they were minors. He is also accused of filming himself having sex with the girls and running a racketeering scheme to procure minors. Kelly has consistently denied the sexual abuse allegations against him. In 2008, he was found not guilty following a trial on similar charges. In addition to the federal charges in Illinois, he is also facing charges in New York and Minnesota.