Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

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Atlanta Federal Criminal Defense Law Blog

Mail fraud: A crime with many possibilities

There are many crimes that can take place through the mail. One of the most common criminal charges is mail fraud. This is fraud that takes place using the U.S. Postal Service.

Mail fraud has a broad definition. It is when a person uses the U.S. Postal Service to obtain property or money under false pretenses. It is also when the mail service is used to exchange, supply, distribute or sell counterfeit items.

3 types of securities fraud over which you could face accusations

If you have a business and want to make it look good to investors, you might think it’s a good idea to boost your stock value by rounding up at the next meeting. The truth is that when you make a false statement about the value of your stock, you are committing securities fraud.

If you’re accused of committing securities fraud, your attorney can help you collect the information you need to defend yourself. In the meantime, it’s smart to understand what you’re accused of. There are a few kinds of securities fraud for which you could face charges. Below are three of them.

Tax evasion is not just a federal matter

Reality television star Todd Chrisley has seen his financial woes highly publicized recently, centering around allegations that he evaded paying Georgia income taxes by claiming to reside outside of the state.

Regardless of the truth of the allegations, his struggle serves to illustrate just how destructive tax evasion allegations can be, even if they are not federal allegations.

Tax fraud or negligence? The difference matters

As April 15th descends like a cloud upon tax-paying Americans, individuals and corporations alike are scurrying to get all of their ducks in a row. Figures involving income, expenses, deductions, dependents, etc. must all be tracked down, categorized, organized, and reported.

It probably won't surprise you to learn that not every tax return submitted to the IRS is 100% correct and conforms perfectly to the tax code. But these errors can be divided into two basic categories: intentional and unintentional. And that is essentially the difference between tax negligence and tax fraud.

Don't add a DUI to your holiday list this year

The holidays are a fun, hectic, stressful, exciting and busy time of year. They are also a time for parties and gatherings with loved ones, which will often include alcohol. Driving from such gatherings invites a DUI charge which can immediately dampen the cheer of the season. Many people don't realize how severe a DUI charge is, even for those with an otherwise clean record, and it's a charge that can easily be avoided with a little planning.

Charter school white collar crime: Innocent until proven guilty

Ten years ago, charter schools were a small segment of Georgia's public schools. But over the last ten years, with the benefit of substantial tax revenues and the attractiveness of relative autonomy for a small board of directors to design an approved teaching a curriculum, enrollment has jumped to nearly 100,000 students statewide.

Teachers benefit from small class size, and the specific focuses - such as art, science, languages and project based learning - allow students and parents to choose an academic structure providing students the oppurtunity to thrive. But do these freedoms come with a downside?

If you are committing fraud, don't brag about it

$140 million is a lot of money, even for a business that plays in the big leagues.

That was the fine levied against an oil services company, Weatherford International, by the Security and Exchange Commission (SEC) to settle charges that it inflated its earnings by using deceptive income tax accounting. From 2007 to 2012 the company overstated its profits by $900 million. In each of those years, the company lowered its year-end provision for income taxes by $100 million to $154 million to "better align its earnings results with its earlier-announced projections and analysts' expectations," according to an SEC order.

The ins and outs of the Sherman Act

Competition is the foundation of the capitalist economy here in the United States. Our free market encourages innovation and fuels the development of products and services that enrich the lives of consumers throughout the country and here in Atlanta.

When it appears that a company or an individual is stifling that competitive spirit, the government might step in and make accusations that the country's antitrust laws are being violated. Three main antitrust laws govern fair trade in the United States, and while most violations are dealt with under civil law, criminal charges are possible under the Sherman Act.

Common errors that can lead to Medicare fraud charges

Because so many people are involved in a patient's care, the potential for Medicare fraud is enormous. One simple mistake in record-keeping can cause a billing disaster that leads to serious issues for you, whether you are a physician, pharmacist, physical therapist or any other kind of health care professional who represents a link in a chain of caregivers.

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If you are facing criminal charges, your future, your freedom and your reputation are all at stake. Get help from our committed and compassionate team. Contact the Atlanta law office of Nick Lotito and Seth Kirschenbaum.

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

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