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Tag Archives: Federal

The Commerce Clause and Federal Criminal Law: No “Generalized Federal Police Power” Yet

Posted in Uncategorized

The United States Supreme Court’s determination of the constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act of 2010, 26 U.S.C. § 5000A, in June in the decision of Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012) generated much discussion of the Commerce Clause, although the… Continue Reading

Preview of the John Edwards Trial and the Potential Problems With the Government’s Case

Posted in High Profile Cases

 The trial of former North Carolina Senator, Vice President nominee and candidate for President Johnny Reid (“John”) Edwards for alleged mishandling of campaign funds is underway in the U.S. District Court for the Middle District of North Carolina. Opening statements in the case will take place next Monday. The outcome of the trial will be… Continue Reading

78 Year-Old Indicted Warner Robbins City Councilman Released After Violating Probation for Alleged Fiancee Less Than Half His Age

Posted in Noteworthy Cases

Former City Councilman of Warner Robins, Georgia, John Williams, was released last Friday after spending two days in prison for violation of his Federal pretrial release, according to 13WMAZ in Macon. Williams has been charged with extortion in the U.S. District Court for the Middle District of Georgia for trying to obtain money from a car dealer… Continue Reading

Broward County, FL, Physician Acquitted on Kickback Charges

Posted in Acquittal, Health Care Fraud

Yesterday, a jury in the U.S. District Court for the Southern District of Florida returned not guilty verdicts against 78 year-old Francisco H. Gonzalez, M.D., on charges that Dr. Gonzalez allegedly took thousands in kickbacks from two Miami-area home healthcare agencies, ABC Home Health Care and Florida Home Health Providers (FHHP), according to the Miami Herald. Also… Continue Reading

Execs of Medical Laser Manufacturer Acquitted on Most Counts

Posted in Acquittal, Fraud

As reported by the Colorado Springs Gazette, former Chief Executive Officer John Schulte of Spectranetics Corp., a manufacturer of medical lasers, was convicted in the U.S. District Court for the District of Colorado yesterday on one count of lying to federal investigators but was acquitted on 11 counts of conspiring to defraud the Federal government. Trung Pham,… Continue Reading

Six Sentenced in Georgia for Reverse Mortgage Fraud Scheme

Posted in Mortgage and Foreclosure Fraud, Sentencing

Image source: my.opera.com/edwardpiercy/blog/2011/04/28/reverse-mortgage-no-jill-st-john-yes You’ve probably heard of reverse mortgages, pitched on television ads by celebrities such as Robert Wagner and Fred Thompson. The mortgages are part of the U.S. Department of Housing and Urban Development’s (HUD) Home Equity Conversion Program (HECP) which permits senior citizens aged 62 years or older to purchase a home or remain… Continue Reading

Former Cartersville, GA, Mayor Sentenced for Mortgage Fraud

Posted in Fraud, Mortgage and Foreclosure Fraud

H. Gregory Cordell, the former Mayor of Cartersville, Georgia, was sentenced to over two years imprisonment last Friday in the U.S. District Court for the Northern District of Georgia for mortgage fraud, as reported by the Chattanoogan. According to statements by the U.S. Attorney’s Office for the Northern District of Georgia, Cordell inflated the purchase… Continue Reading

Northwest Georgia Banks and Credit Unions Hit By Debit Card Fraud

Posted in Fraud, Identity Theft

Federal investigators are investigating an outbreak of debit card fraud in Northwest Georgia, according to a story by WCRtv in Chattanooga. Customers of the Bank of LaFayette, Cohutta Banking Company, and Tennessee Valley Federal Credit Union in Chickamauga, LaFayette, Rossville and Trion in Northwest Georgia have reported having their accounts drained. Authorities believe that the… Continue Reading

Georgia Man Pleads Guilty in Nationwide “Pill Mill” Prosecution

Posted in Pleas, Sentencing

James Hazelwood, of Cumming, Georgia, pled guilty last Wednesday in Federal court in Ohio to charges of engaging in a continuing criminal enterprise. As reported in the Columbus Ledger-Enquirer, the charges relate to an alleged online "pill mill," which allegedly dispensed prescription drugs, including painkillers and anti-anxiety drugs, nationwide by means of false prescriptions. Hazelwood and… Continue Reading

Florida Attorney and Police Officers Acquitted of Federal Mortgage Fraud Charges

Posted in Acquittal, Fraud

Prosecutors with the U.S. Attorney’s Office for the Southern District of Florida have dropped charges of mortgage fraud against Plantation, Florida, attorney Steven Stoll and police officer Dennis Guarancino, according to the Miami Herald. Stoll and Guarancino were charged in relation to a $16.5 million dollar loan fraud scheme by Guarancino’s brother, Joseph Guarancino, also… Continue Reading

New Atlanta FBI Team to Investigate Corruption Among Georgia Judges and Legislators

Posted in Miscellaneous

Image source: http://www.georgiaworkerscompensationlawyerblog.com In other Federal law enforcement news, the Houston Chronicle reports that the FBI has assembled a new team to investigate corruption among judges and legislators in Georgia. Brian Lamkin, Special Agent in Charge of the FBI’s Atlanta Office, told reporters that the team was formed in response to a string of recent corruption… Continue Reading

Cartersville Pain Management Clinic Physician and Employees Federally Charged for Unlawful Oxycodone Prescriptions

Posted in Drug Enforcement

A doctor and four employees of Atlanta Medical Group, a pain management clinic, in Cartersville, Bartow County, were arrested last week by FBI agents, according to Examiner.com. Dr. James Chapman, Jason Cole Votrobek, Jesse Violante, Roland Rafael Castellanos and Tara Atkins have been indicted in the U.S. District Court for the Northern District of Georgia for allegedly… Continue Reading

Supreme Court Reaffirms Tenth Amendment/Federalism Limitations on Federal Criminal Statutes in Bond v. U.S.

Posted in Federalism

Last week, the U.S. Supreme Court reaffirmed the Tenth Amendment and Federalism as a limitation on Federal statutes, in particular Federal criminal statutes, in the first significant case since U.S. v. Lopez, 514 U. S. 549 (1995), Bond v. U.S., No. 09–1227, which may be read here. Bond is an encouraging development given the overwhelmingly predominant… Continue Reading

Economic Concerns Driving DOJ’s Prosecutorial Discretion in Large Corporate Prosecutions; Government Files Civil Suit Against Deutsche Bank Over Alleged Massive Mortgage Fraud

Posted in Fraud, Miscellaneous

Federal officials last week announced that Deutsche Bank and its mortgage division, MortgageIT, allegedly engaged in fraud on a massive scale as a civil complaint was filed against Deutsche Bank. The complaint alleges that the massive German bank allegedly defrauded the government of up to $1.2 billion through alleged reckless lending practices. The Federal Housing… Continue Reading

Georgia, Atlanta, Identity Theft Hot Spots

Posted in Fraud, Identity Theft

The Federal Trade Commission has ranked Georgia 4th among the States and Atlanta 19th among cities for identity theft crimes, as reported in the Atlanta Business Chronicle. The rankings are based on complaints received by the FTC in 2010. Significant among Georgia’s numbers are 2,882 complaints of government benefits or documents fraud; 911 complaints of bank… Continue Reading

Georgia Tech Student’s Dorm Raided by FBI During Investigation of WikiLeaks Retaliations

Posted in Cybercrime

Last Thursday, Federal Bureau of Investigation agents searched the dormitory room of Georgia Tech freshman student Zhiwei Chen as part of "Operation Payback," an investigation into cyber attacks launched on companies which cut off sponsorship to the website Wikileaks, including PayPal, Mastercard, Visa and Bank of America, according to Midtown Patch. A group called "Anonymous"… Continue Reading

Former Community Bank & Trust Executive Pleads Guilty to Fraud Charges

Posted in Bank Fraud, Fraud

Randy Jones, a former executive vice president with Community Bank & Trust who worked for the bank for 30 years, pled guilty last week in the U.S. District Court for the Northern District of Georgia for an alleged multi-million dollar fraud scheme, according to an article in the Atlanta Journal-Constitution. Specifically, Jones was alleged to… Continue Reading

FBI Investigating “Pay for Play Plan” Allegations Surrounding Auburn Quarterback Cam Newton and Father

Posted in Fraud, High Profile Cases

It is college football season, and appropriately the most notable news in an otherwise slow Federal criminal news day appears to be that the Federal Bureau of Investigation has interviewed John Bond, a former quarterback for the Mississippi State Bulldogs, regarding Auburn quarterback Cam Newton, according to the Atlanta Journal and Constitution. Bond told Mississippi… Continue Reading

Alabama Contractor Roger Taylor Acquitted of Conspiracy, Bribery and Obstruction Charges Following Federal Trial; Avoyelles Parish Sheriff Bill Belt and Family Acquitted

Posted in Fraud, Noteworthy Cases

On Tuesday, a jury in the U.S. District Court for the Northern District of Alabama in Tuscaloosa found construction contractor Roger Taylor not guilty on one count of conspiracy, five counts of bribery and two counts of obstructing justice, according to Tuscaloosa News. Mr. Taylor was one of numerous individuals investigated in relation to Alabama’s Community… Continue Reading

Six Indicted for Alleged Medicare Fraud in South Georgia; Augusta Man Indicted for Alleged Fraud from Federally-Funded Meals for Children Program

Posted in Fraud, indictment

Federal criminal activity has been brisk in the Southern District of Georgia. First, six defendants were charged with conspiracy to defraud Medicare and money laundering, according to a press release from the U.S. Attorney’s Office. The charges were the result of a nationwide investigation which included the Federal Bureau of Investigation (FBI), the Department of… Continue Reading

High Crimes, Shrimp and Vodka: The Senate Trial of Judge Thomas Porteous

Posted in Courts and Judiciary

Very balanced pre-trial coverage and background of the U.S. Senate trial of Federal Judge Thomas Porteous can be found on Newsy.com, courtesy of a reader. As reported at NOLA.com, during Judge Porteous’ trial last week, the 12 member Senate committee heard testimony regarding allegations that a bonding company, Bail Bonds Unlimited, provided free vehicle repairs,… Continue Reading

Rascos Give Up the Fight; U.S. Senate Assumes Role of a Court for Impeachment Trial of Louisiana District Judge G. Thomas Porteous, Jr.

Posted in Fraud, Immunity, Miscellaneous

We have commented on the case of Alfredo and Niurka Rasco of South Georgia, who were charged in a $6.5 million Medicare fraud scheme. Well, despite a heated and well-founded defense against the charges based upon illegal use of immunized evidence by the government, Mr. Rasco and his wife pled guilty to the charges against them… Continue Reading