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A criminal “referral” from a congressional committee is not binding on the Department of Justice and carries no more legal weight than a “referral” from any American citizen. In fact, a “referral” from the January 6th committee should carry a great deal less weight due to the absurdly partisan nature of the process that produced it. At its inception, the
The mantra of the Department of Justice has long been that the confidentiality of ongoing criminal investigations is sacrosanct. Today we learn that the Department has inexplicably requested a federal judge to unseal proceedings, right on the eve of a heavily hyped January 6 Committee meeting on Monday and final report release on Wednesday of next week, where the proceedings are
If you have received a target letter, you undoubtedly have many questions about what this means for you and what your next steps should be. In this post, we will seek to answer the most basic questions regarding federal target letters and direct you to the best possible response: hiring skilled federal criminal defense attorneys such as those at Burnham
Aggressive Investigations Require Proactive Defense At the end of September 2022, the Department of Justice (DOJ) launched “Strike Force Teams” to investigate and prosecute Paycheck Protection Program (PPP) loan fraud. Of the $800 billion distributed through the PPP, some estimate that $100 billion could have been fraudulently spent or obtained. Nearly a quarter of loan recipients, according to these same
In recent years, there has been increasing news coverage regarding the “opioid epidemic,” alleged “pill mills” and unscrupulous providers. This has increased the risk that well-meaning providers to be charged under the Controlled Substances Act for prescribing more than guidelines would recommend to, say, a patient suffering from intense pain who has developed a tolerance to lower doses. Such charges
This month, the Fourth Circuit issued its decision in United States v. Elbaz, 52 F.4th 593 (4th Cir. 2022) on rehearing. The Fourth Circuit clarified that the federal wire fraud statute does not apply extraterritorially, but that the use of United States wires to conduct foreign fraud can justify U.S. prosecution. This has ramifications for digital fraud and for venue
Last month the United States Court of Appeals for the Third Circuit (overseeing district courts in Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Island), took the extraordinary step of overturning a federal white-collar money laundering conviction. In doing so, the court limited the government’s ability to simply tack on § 1956 money laundering to major fraud cases. The case, United
PPP Loan Fraud Investigations If you or your business are under investigation for, or have been charged with, alleged fraud involving the United States Small Business Administration (SBA) Paycheck Protection Program (PPP), you need the skilled, experienced PPP Loan Fraud defense attorneys of Burnham and Gorokhov, PLLC, representing you as soon as possible. What Is the PPP? In late March
On Tuesday, October 11, 2022, the Court of Appeals for the District of Columbia Circuit, decided United States v. Curtis Jenkins, limiting the available rationale for compassionate release under the First Step Act (FSA). The court found that compassionate release was not available where substantial changes in the law radically reduced the sentence a defendant would face if he had
Mr. Meek is unaware of what allegations anonymous sources are making about his possession of classified documents. If such documents exist, as claimed, this would be within the scope of Mr. Meek’s long career as an investigative journalist covering government wrongdoing. Press inquiries on this issue are troubling for a different reason: they appear to be based on statements from
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