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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
As we have detailed in prior posts, the DOJ is stepping up efforts to investigate and charge individuals with Paycheck Protection program (“PPP”) fraud. The New York Times reported in August of this year that “[t]here are currently 500 people working on pandemic-fraud cases across the offices of 21 inspectors general, plus investigators from the FBI, the Secret Service, the
Last week, the government asked for—and the Fourth Circuit granted—a voluntary remand in United States v. Scott, No. 21-4532 (4th Cir. Sep. 23, 2022). Ten years ago, Mr. Scott was tried and convicted on multiple counts and sentenced to 100 years imprisonment. His sentence was so long because he was convicted of four firearm offenses under 18 U.S.C. § 924(c). This
Last month, the Office of Foreign Asset Control (OFAC) placed sanctions on the cryptocurrency mixer “Tornado Cash” and associated wallets. This is part of a larger government effort to crack down on cryptocurrency money laundering and could raise additional avenues of criminal liability for those who use crypto currency in relation to other illegal activities. Not only will defendants be
The Biden Administration has announced that it will take tough measures against those accused of PPP fraud. President Biden announced a plan to name a Chief for Pandemic Relief Fraud, and called on Congress to provide enhanced resources and penalties. More recently, the DOJ announced that it has established a COVID 19 Strike Force to investigate and prosecute cases of
On June 23, 2022, a jury in US District Court in Greenbelt, Maryland returned a not guilty verdict on all counts for Burnham & Gorokhov’s client, Donnie Amis. The prosecution alleged that our client and his co-defendant participated in conspiracies to defraud Medicaid and to illegally recruit patients to a DC dental practice. Through its verdict, the jury completely rejected
What is a Business Email Compromise Scheme? Business Email Compromise (BEC) schemes vary in their details and mechanics, but the gist of the scheme is that it is conducted by sending email targeting individuals or employees of companies, usually with the goal of fraudulently inducing the target to make a transfer of funds to an account or accounts controlled by
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