White Collar Crime Defense

Close-up view of a mouse cursor over digital security text on display for an article that answers whether identity theft is a federal crime, or not.

Is Identity Theft a Federal Crime?

Identity theft constitutes a serious violation of personal rights, imposing financial damages of $43 billion in 2023 and profound non-economic losses on victims across jurisdictions. Misappropriating personal information raises critical questions about criminal jurisdiction and enforcement authority in an interconnected society. With over 40 years of experience practicing law, Richard A. Serafini is a federal […]

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What Is Forgery? Understanding the Basics

Forgery, under U.S. federal law, means falsifying documents or signatures with the intent to defraud. This offense is very serious, with penalties ranging from fines to lengthy prison terms. Under 18 U.S.C. § 471, the law covers forging securities, public records, and other key documents.  With over 40 years of experience practicing law, Richard A.

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Breach of Fiduciary Duty: When Does it Become a Crime? Legal Consequences Explained

A breach of fiduciary duty becomes a crime when the act is beyond mere negligence and involves deceit, collusion, or concealment. This is where a trusted party deliberately violates her responsibilities, misuses entrusted assets, or unfairly favors his interests over the entrusted party. Every decision a fiduciary makes impacts the represented party. A deceitful move

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18 U.S.C. § 286 AND §371:  CONSPIRACIES TO DEFRAUD THE UNITED STATES

Conspiracy to Defraud the United States are complex offenses. Section 286 makes criminal conspiracies to defraud the government in relation to a claim. Section 371 is a broader catch all conspiracy provision making illegal conspiracies to defraud the United States or violate U.S. law. Understanding these charges is important for anyone who has made or

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Healthcare Fraud Investigations

In general there are three types of federal healthcare fraud investigations. One is a False Claims Act investigation by the Department of Justice (“DOJ”). Another is a quit tam or whistleblower investigation and lawsuit brought by a private individual. The third is a criminal investigation, investigated by federal law enforcement agencies and prosecuted by DOJ.

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Healthcare Fraud Accusations

Every year, billions of dollars are wasted due to healthcare fraud, drastically inflating the costs of medical care and health insurance. But the fallout extends beyond mere financial burdens—healthcare fraud can also result in unwarranted penalties, damaged reputations, and even potential imprisonment for those entangled in this type of fraud.  This article examines how to

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Can Healthcare Fraud Charges Be Dismissed?

Short answer:  It is very unlikely. Once the government, particularly the Department of Justice has brought charges, it is very rare for a dismissal to occur. That is the reason for retaining experienced counsel as early in the process as possible.  A healthcare fraud indictment can be both devastating and overwhelming. If you or your

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