Legal Blog: Fraud

Under Investigation for Paycheck Protection Program Fraud?

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

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Fraud Abroad? The Fourth Circuit Clarifies When Defendants May Be Prosecuted In The United States for International Fraud.

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

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Federal Inspector General Investigations

The Role and Authority of Federal Inspectors General The Inspector General Act of 1978 established IG offices in many federal agencies.  One of the responsibilities given to these offices was investigation of fraud.  Since 1978, the number of federal Inspectors General has increased from 12 to more than 75. To carry out their duty to investigate fraud, IG offices are

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Acquittal of Client Charged with Conspiracies to Commit Health Care Fraud, Mail Fraud, and to Violate the Anti-kickback Statute

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

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Statement Regarding June 7 Order in Eastman v. Thompson, et al.

The Court upheld Dr. Eastman’s claims of privilege over 440 of the 599 documents at issue.  The Court also upheld in part Dr. Eastman’s argument that certain of the materials sought by the January 6th committee were protected by the First Amendment.  The decision represents the first time a federal court has held that the January 6th committee’s activities infringe

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Frequently Asked Questions: Business Email Compromise Schemes

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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Durable Medical Equipment (DME) Fraud

Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution. Last year, the FBI and the US Department of Health and Human Services Office of the Inspector General broke up and prosecuted a DME Fraud scheme alleged to have caused more than $1 billion in Medicare losses. What is Durable Medical Equipment Fraud? Under what

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The Scope of the Computer Fraud and Abuse Act After Van Buren

By Jonathan Knowles – We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to

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The Federal False Claims Act: Knowing Is Half the Battle

The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted. The FCA was first enacted during the Civil War in order to combat defense contractor fraud. Since then, it has been amended and updated a number of times to ensure applicability to additional forms of fraud arising from not only government

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