In today's modern digital world, financial transactions go through computer programming paths until they reach their final destination, and those initiating the transactions are often not even aware of the steps in the journey. Because of this, it's not all that difficult to commit a financial crime like bank fraud without even realizing what you have done. Bank fraud is a crime in which someone uses an illegal method to obtain money or assets from a financial institution, like a bank. The laws that regulate bank fraud and similar crimes are dynamic and ever-changing, which makes it a wise decision to have a financial bank fraud lawyer's number in your phone book if you are running a sizeable business or company of any kind.
There are many different types of bank fraud, and some of them are often committed along with other crimes like drug trafficking or even terrorism. Money laundering is the act of making illegitimately obtained funds look like they were legally obtained. Bank impersonation scams are scams that occur when someone creates a false web page or uses a fake company in order to get money from some unsuspecting individual. For example, someone may impersonate a bank before closing on a home to try and defraud the buyer out of the down payment. Forgery is another common bank fraud crime in which someone alters the amount of a check or signs it with a false signature. Those who make financial transactions often must be wary of all of these types of fraud, as they have become quite prevalent.
Bank fraud is a federal offense and, as such, carries heavy penalties. The severity of the penalty for a crime will depend upon the seriousness of the crime and the amount of money involved. In general, however, perpetrators of these crimes are usually fined and sentenced to prison time. The federal code of law pertaining to bank fraud stipulates that a guilty party may be fined up to a million dollars or imprisoned for up to thirty years. However, it must be shown that the perpetrator intentionally committed the fraud and that it was not done by mistake. That's why anyone accused of bank fraud needs to hire an experienced lawyer who will do a thorough investigation of the facts of the case to see if there was this kind of intent.
If you are facing a bank fraud charge, call to schedule a free consultation with a bank fraud lawyer today. The experienced legal professionals at the Law Offices of John D. Kirby will thoroughly investigate your charge and work hard to defend your rights. Give us a call at 619-557-0100 and speak with our friendly staff to learn more about our criminal defense service.
Healthcare fraud and abuse occur in nearly every type of healthcare setting and from every different type of provider. Fraud is very common among state and federal health programs like Medicaid and Medicare, but it also occurs among private healthcare corporations and even medical supply and equipment companies. The National Health Care Anti-Fraud Association has conservatively estimated that the annual national cost of healthcare fraud in the U.S. is about $68 billion. Healthcare fraud is also a federal criminal offense under the Health Insurance Portability and Accountability Act, or HIPAA. However, those guilty of healthcare fraud are subject to penalties from both the state and federal government.
Unfortunately, fraudulent billing is not at all uncommon in healthcare. A healthcare provider may order and/or bill a patient for services that are not truly necessary, like excessive testing or similar. Providers, hospitals, nursing homes or medical equipment companies may bill for services or equipment that was never given or furnished, and records may be falsified or created in order to make this look legitimate. This may even happen unintentionally. For example, if a physician signs off a chart with orders on it that are never carried out, the patient may be billed and the physician may be unaware until much later. That's one reason why, if you've been accused of healthcare fraud, the smart thing to do is to hire an experienced healthcare fraud attorney.
Medical services are billed by using a system of codes. Upcoding is a method of fraud that occurs when the biller assigns a code to a medical service that reflects a more expensive service than the one that was actually given. Also, some billing codes are comprehensive codes that cover a package of services for a certain fee. Unbundling occurs when a biller intentionally assigns individual codes for each service that should be in a package, increasing the total fees. Medical billers and coders are taught to be ethical during their training, but upcoding and unbundling still do occur.
If you are facing a charge of healthcare fraud, call to schedule a free consultation with a healthcare fraud attorney today. The experienced legal experts at the Law Offices of John D. Kirby will thoroughly evaluate your case and build you a strong defense for the best possible outcome. Call us at 619-557-0100 to schedule a legal consultation to discuss your charges. Our expert team will give you the legal advice you can trust.
Identity theft is when someone commits a crime by obtaining the personal or financial information (or both) of someone else to assume their identity to make purchases or transactions. At the Law Offices of John D. Kirby, we represent those that are facing identity theft charges in the State of California. During a consultation, we can explain the charges and listen to the details of your case.
Some types of identity theft include:
Identity theft in California is charged as either a felony or a misdemeanor depending on your criminal history and the facts of your case. Someone convicted of misdemeanor identity theft will face up to one year in jail, a fine of up to $1,000, or both. A person convicted of felony faces up to three years in California state prison, a fine of up to $10,000, or both.
If you or a loved one has been charged with identity theft, call to schedule a free consultation with a criminal defense lawyer. The experienced legal professionals at the Law Offices of John D. Kirby will investigate the facts of your case and give you an effective and strong defense that will help you get your charges dismissed or reduced. Call us at 619-557-0100 to speak with our friendly staff to schedule a consultation.
Crime refers to a deliberate offense that someone, whether they were coerced or not, performs. There are many forms of crime. Our criminal defense attorney at the Law Offices of John D. Kirby represents clients facing both federal and state crimes, whether misdemeanor, wobbler, or a felony. These crimes are divided into four major classifications.
There are four types of criminal law, including:
At a consultation, we can explain which classification your charges lay in. From there, we can explain possible penalties associated with these charges if you are convicted. During this meeting, we will listen to the details of your case and answer any questions you have about the upcoming legal process.
If you or a loved one has been charged with a federal crime, call to schedule a free consultation with a criminal defense attorney. The experienced legal professionals at the Law Offices of John D. Kirby will investigate the facts of your case and give you an effective and strong defense that will help you get your charges dismissed or reduced. To schedule a consultation, give us a call at 619-557-0100 and speak with our friendly and experienced legal team.
Every day, financial advisors and other types of investors receive deficiency letters, which are notices that they are not complying with the Securities and Exchange Commission rules and regulations for investing or for giving investment advice. These SEC rules exist to protect investors from unscrupulous advisors who may end up costing them significant losses in their savings and investment funds and also to protect the integrity of the market. If you're a financial advisor and you've been charged with violations of SEC regulations, the smart thing to do is to consult with an experienced SEC violations lawyer.
This SEC rule pertains to those who act as investment advisors to those who seek professional advice for investing in securities. To be complaint with SEC rules, advisors must perform annual reviews to ensure that his/her business policies and procedures remain compliant with SEC rulings. The advisor must also designate a compliance officer to keep policies current and to ensure that they are in compliance with SEC regulations. Failure to do these things may result in a deficiency.
The Books and Records Rule stipulates that advisors must keep accounting and business records complete and updated with trade transactions, fees, and current client lists. The books and records of an investment advisor are subject to examination or inspection by the SEC as outlined in the Securities Exchange Act of 1934. Hiring a SEC violations lawyer is a good way to make sure you're compliant with the Books and Records Rule.
All financial advisors must file a form ADV with SEC to serve as a registration document with the agency. This form ADV must be updated annually in order to be compliant with regulatory filings. Advisors must also file all other required forms in a timely fashion to stay up-to-date with the SEC records.
If you have been charged with a SEC violation, call to schedule a free consultation with a SEC violation lawyer today. SEC violations can result in the payback of ill-gotten funds if investors have been harmed, or even in civil lawsuits. The expert legal professionals at the Law Offices of John D. Kirby will investigate your case and help you regain compliance with SEC rules and regulations. To schedule a consultation, call 619-557-0100 and allow us to give you the legal guidance you need to deal with SEC deficiency letters or other compliance issues.
The crime of fraud takes many different forms and can be prosecuted with either criminal charges and sentencing or with a civil lawsuit to recover damages. However, most fraud crimes are worthy of some sort of criminal charges. Fraud is a crime in which a perpetrator takes money or property from someone else by using some sort of deceit. Now that the people of the world are connected by computers and the Internet, fraud is more common than ever and often involves some sort of electronic medium. Crimes like credit card fraud and identity theft are rampant and cost billions of dollars each year.
Identity theft is a crime in which someone uses the personal information of another to charge merchandise or services on a credit card, to withdraw money from an account, or similar. Some fraudsters have even filed tax returns in someone else's name or have received unemployment benefits that they did not earn. Data breaches are common and can mean that a scammer has obtained the personal information of many people all at once.
When someone steals money or assets that he or she was supposed to be in charge of managing, they're guilty of the crime of embezzlement. The perpetrator misappropriates funds or other assets for his/her own personal use instead of spending them as they were meant to be spent. An embezzler may create false receipts or invoices for services that were never rendered or for activities that never happened.
Tax evasion is a common form of fraud in which someone gives false information about their income on a tax return or makes some other type of false claims in order to avoid paying taxes. Exaggerating or overstating various tax deductions is also a form of tax fraud. Tax fraud crimes are serious crimes that can carry penalties of prison time as well as huge fines. Simply failing to file a tax return can carry civil penalties.
If you want to learn more about fraud criminal charges or are facing such a charge, call to schedule a free consultation with a fraud charges lawyer today. The experienced legal staff at the Law Offices of John D. Kirby are dedicated to helping you protect your reputation and freedom. Call to schedule a consultation at 619-557-0100 and speak with our friendly staff. Our expert team will give you the legal advice you can trust. If you've been charged with criminal fraud, let us be the legal voice you need to defend your rights.
When you’re facing criminal charges, whether state or federal, it’s important to have an experienced criminal defense lawyer by your side. Our legal team at the Law Offices of John D. Kirby understand all state and federal criminal laws and can uphold them in all legal proceedings for our clients. We can help you understand the difference between the classification of federal crimes during a consultation at our office.
Some of the primary offense categories listed by the U.S. Sentencing Commission for federal crimes include:
Are state and federal penalties and sentences different?
Yes, penalties are quite different for the two.
What’s the difference between a federal felony and a federal misdemeanor?
Lesser federal offenses may be called a misdemeanor, while more serious offenses can be felonies. Federal felonies are divided into A, B, C, D, and E categories. While federal misdemeanors are divided into A, B, and C categories, with A being the worst.
If you or a loved one has been charged with a federal crime, call to schedule a free consultation with a criminal defense attorney. The experienced legal professionals at the Law Offices of John D. Kirby will investigate the facts of your case and give you an effective and strong defense that will help you get your charges dismissed or reduced. Give us a call at 619-557-0100 and speak with our friendly staff to learn more about our legal services. We look forward to hearing from you.
There are many meth labs in the State of California. For every ten pounds of meth produced, there are about 50-60 pounds of hazardous waste products leaked into our environment. This is one reason why government officials prioritize finding and shutting down illegal meth labs.
California law prohibits manufacturing methamphetamine during any state of the manufacturing process including: compounding, deriving, producing, extracting, or preparing
methamphetamine. An experienced criminal defense lawyer can present a defense on your behalf when you’re facing these charges including illegal search and seizure, wrong place wrong time, or victim of a false accusation.
Operating an illegal meth lab in California is a felony that is punishable by up to seven years in state prison. Even offering to help the operation is punishable by up to five years. Penalties increase if you’re producing crystal meth, manufacturing meth in front of children, have other drug crime prior convictions, or cause another person to suffer injury or death.
Drug diversion is an alternative sentencing option that allows a nonviolent drug offender to receive drug treatment without having to go to jail or prison. When you successfully complete a drug diversion program, your drug charges will be dismissed. As your legal representation, we can try to convince the prosecutor that you only manufactured meth to support your own addiction, so getting you help will help you become a more productive person in society.
If you or a loved one has been charged with operating a meth lab in California, call to schedule a free consultation at the Law Offices of John D. Kirby with a criminal defense attorney today. Schedule a legal consultation by calling us at 619-557-0100 and speak with our friendly staff who can help represent you.
Federal sentencing guidelines for drug trafficking were enacted in the 1980s. They were imposed so there were significant penalties to those that are convicted of these crimes. Under federal law, those found in possession of illicit substances can be convicted of a trafficking crime based on the number of drugs that are in their possession. At the Law Offices of John D. Kirby, we represent those facing drug charges in the State of California.
Under federal statutes, trafficking means that someone committed the crime of drug trafficking when manufacturing, distributing, dispensing, or possessing any amount of a prohibited narcotic. This means that trafficking can even apply to merely possession.
Drug trafficking offenses occur when a defendant is in possession of more than a specific amount of a prohibited substance. The number of drugs a person has to be within the minimums to apply to this crime. Those who possess amounts below the minimum amount for drug trafficking can face drug possession charges with lower penalties.
There are no longer mandatory minimum sentences for drug trafficking crimes. When determining a sentence, the court will take into consider certain factors such as criminal history, if someone was hurt during the crime, or if the crime occurred in a school zone. In addition to larger penalties when contributing factors are present, the federal sentencing guidelines also allows for lesser penalties when someone substantially helps federal prosecutors. “This means that they provided federal prosecutors or law enforcement agents with information that helped them to prosecute other criminals. Ultimately, the federal sentencing guidelines for drug trafficking are complicated, so it’s important to have an experienced attorney by your side when you’re facing these charges.
If you have been charged with a federal drug crime, call to schedule a free consultation with a criminal defense attorney at the Law Offices of John D. Kirby today. These charges can lead to hefty fines and a long time in jail or prison. Schedule a legal consultation by calling 619-557-0100.
When you or a loved one have been charged with a federal office, it’s important to have an experienced criminal defense lawyer by your side. At the Law Offices of John D. Kirby, we have the experience necessary to represent those in the San Diego, CA. Look for a lawyer that specializes in the charges you’re facing.
During a consultation, you can ask about our experience, the legal process ahead, and possible penalties you may face if convicted. Our legal team is honest and works diligently to build a strong defense for our clients. We are also straightforward and will keep you informed on any updates on your case. We can help you know your rights. If you’re received a target letter from a federal prosecutor that you are being charged with a federal crime, you have the right to legal counsel. Our top priority as a top criminal defense attorney is to ensure that our clients understand their rights throughout the entire criminal process.
Do not wait to hire a lawyer. It’s never too early to hire legal counsel as it can be months or even years before your case goes to court. The earlier we get your case, the more time we have to investigate and to build a strong defense for you. This increases your chances of winning your case. Also, don’t be afraid to ask us questions. We want you to understand every step of the way, so you can feel confident in our legal representation.
If you or a loved one are charged with a federal crime, call to schedule a free consultation with a criminal defense attorney. The experienced legal professionals at the Law Offices of John D. Kirby will investigate the facts of your case and give you an effective and strong defense that will help you get your charges dismissed or reduced. Just because you’re facing federal charges doesn’t mean that your case is hopeless. Allow us to represent you! To schedule a consultation, call our legal team at 619-557-0100. We look forward to hearing from you.
The statute of limitations is the amount of time that a plaintiff has to file charges against a defendant. While some crimes, like murder, have no statute of limitations and while other crimes have statutes of limitation that are simply defined, fraud is one category of crime in which specifying a statute of limitations can become a complex matter. A statute of limitations for a crime exists so that a person charged with a crime that occurred a long time ago will not have to scramble looking for evidence when there may no longer be any, simply due to the passage of time. If you've been accused of or charged with a fraud crime that took place some time ago, you may have questions about the statute of limitations for the crime. An experienced fraud charges defense lawyer is the best person to answer those questions for you.
For most bank fraud crimes, like theft, embezzlement, RICO crimes, forging, counterfeiting or similar, the statute of limitations is ten years. However, some RICO or conspiracy crimes may have a longer statute of limitations because they involve more than one type of crime or a pattern of crime that occurs over many years. Fraud against various insurance companies or other financial institutions also carries a statute of limitations of ten years. When a bank fraud crime is combined with other crimes, this statute of limitations may be longer, depending upon the type of crime.
In general, the state of California has a statute of limitations of three years for the crime of fraud. However, this is a very general rule that has many exceptions. When considering a statute of limitations, it is important to understand the discovery rule. The discovery rule states that a statute of limitations does not begin when the actual crime occurred, but instead begins when the victim of the crime becomes aware that it actually happened. This rule is very important because victims of fraud do not always realize that they are victims until the fraud has been going on for quite some time. If there were no discovery rule, many victims could never file charges for this type of crime.
If you have questions and want to learn more about the statute of limitations for fraud crimes, call to schedule a free consultation with a fraud charges defense lawyer today. The experienced legal professionals at the Law Offices of John D. Kirby will use their knowledge and experience to navigate the complexities of fraud crimes and their statutes of limitations. Schedule a consultation by calling us at (619) 557-0100. You can rely on us for legal guidance you can trust.
The House of Representatives has approved legislation that decriminalizes marijuana on the federal level. This is the first time that a chamber of Congress has voted on federal marijuana decriminalization. The bill passed on party lines with 222 Democrats and 5 Republicans voted in support while 158 Republicans and 6 Democrats voted against it.
"Millions of Americans' lives have been upended as a result of convictions for possessing small amounts of marijuana, and the racial disparities in conviction rates for those offenses are as shocking as they are unjust," House Majority Leader Steny Hoyer, a Maryland Democrat, said in a statement after the vote. "That's why we passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act today."
The MORE act would remove marijuana from the Controlled Substances Act. It also would eliminate criminal penalties for those who distribute, manufacture, or possess marijuana. It also will create a new process that would remove prior convictions (expungement), and conduct sentencing review hearings for those with federal cannabis offenses.
A 5% sales tax on marijuana products would be authorized. This tax money would go into the legal aid, job training, and substance abuse treatment for those impacted. It would also provide funds for small business loans and allow access to marijuana licensing and employment for lower income individuals. The bill was first introduced by Judiciary Chair, Jerry Nadler, last July. California Democratic senator, Kamala Harris, who is now Vice President, introduced a companion bill in the Senate.
36 states currently have voted to legalize marijuana, for either medicinal (36) or recreational purposes (15).
If you have been charged with a marijuana drug crime, call to schedule a free consultation at the Law Offices of John D. Kirby with a criminal defense attorney today. Schedule a legal consultation by giving us a call at 619-557-0100.
Attorney John D. Kirby was a former Federal Prosecutor for 10 Years before establishing his own criminal defense practice in San Diego, California.
