Ever since the days of President Nixon's "War on Drugs", any crimes that involve a conspiracy to manufacture, sell or distribute controlled substances or illegal drugs are taken very seriously by all members of law enforcement. As a result, penalties are also severe and, if given in a sentencing, will change the life of the perpetrator forever. If you are facing a charge of a crime involving drug conspiracy, you must act immediately. Do not face these charges alone. The smart thing to do is to hire the best legal representation you can find and let your lawyer do the talking for you. This is your only chance of either having your charges dropped or of having them reduced so that the sentence you are given is less severe.
To be charged in a drug conspiracy crime, the prosecutor must be able to show that you intentionally joined another person or persons in order to break any state or federal drug law. In general, violation of a federal drug law carries a higher penalty than does violation of a state law. Some of the most common types of drug conspiracy charges involve the crime of importing a controlled substance into the United States. However, the manufacture or distribution of a controlled substance by a group of conspirators is also a serious conspiracy crime.
The penalties for the various drug conspiracy charges depend largely on the type and quantity of drug involved in the crime, and there are often mandatory minimum sentences. For example, for a crime involving more than 100 grams of heroin, there is a minimum of five years in prison and this may extend to a forty-year sentence. For 1 kilogram or more of heroin, this mandatory minimum sentence is increased to ten years. For "crack" cocaine, crimes involving 28 grams or more of this drug result in a five to forty-year prison sentence, while crimes involving 280 grams or more result in a minimum sentence of ten years, or can be up to forty years in prison.
If you are facing a drug conspiracy charge, call to schedule a free consultation with a federal criminal lawyer today. The legal professionals at the Law Offices of John D. Kirby will thoroughly investigate your charge in order to build a strong defense that brings you the best possible outcome. Give us a call at 619-557-0100 and speak with our compassionate staff. We are ready and waiting to give you the strong legal representation you need.
Mortgage and real estate fraud are not that unusual in the state of California and cause a lot of suffering and grief to potential homeowners, renters and loan companies. Mortgage fraud crimes may involve obtaining a mortgage using a false identity or by providing false income information to a lender. Scammers use public records showing the names of those who are facing foreclosure on a home, and then they offer to stop the foreclosure for a fee, but never deliver on their promises. The charge of real estate fraud is a serious one that carries steep penalties that can include years of prison time or large fines. If you are facing charges of mortgage or real estate fraud, you need to find effective legal representation.
For a prosecutor to be able to show that a perpetrator is guilty of real estate fraud, he/she must show that the perpetrator intentionally and knowingly gave false information to another about a piece of real estate. The victim must then have acted upon this false information, which was in the best interest of the perpetrator and not the victim. If the fraud is carried out, then the perpetrator benefits financially. When these elements of the crime are demonstrated beyond a reasonable doubt, the perpetrator of the fraud is found to be guilty. An experienced real estate fraud defense lawyer will evaluate a case to search for evidence that the elements of this crime cannot be shown.
A skilled mortgage and real estate fraud lawyer can use a number of strategies to defend a charge of real estate fraud. He or she may try to show that the defendant or alleged perpetrator had no fraudulent intent. The defendant may not have realized that information that he gave to another was false. A property owner may also have given consent to a buyer or seller and then may later forget that this consent was given. This sometimes occurs with very elderly clients. It is also possible that a simple false accusation was made in order to shift blame or hurt the reputation of another.
If you are facing a mortgage or real estate fraud charge, call to schedule a free consultation with a real estate fraud lawyer today. Real estate fraud charges can ruin a personal or business reputation and can jeopardize your freedom as well. The experienced legal professionals at the Law Offices of John D. Kirby will work hard to build you a strong defense that delivers the best possible outcome. To schedule a legal consultation, call our law office at 619-557-0100.
In today's world, it seems like everywhere we look, someone is being accused of taking part in a conspiracy. Prosecutors love to add conspiracy charges to any criminal charge because it increases the likelihood that they will get a conviction due to procedural advantages and it can also empower them to prevent the perpetrators from completing the criminal act.
Any conspiracy crime that is committed against the U.S. government or any of its agencies is a violation of federal law. Examples of these are various restraints of free trade, fraud and racketeering conspiracies, trade monopolies or conspiracies against the rights of U.S. citizens.
Conspiracy is generally a crime that is related to some other type of crime. In other words, a person cannot really be prosecuted for conspiring to conspire. Instead, there must be a conspiracy to commit some illegal act. However, adding the charge of conspiracy to a crime makes the crime more serious because a group of perpetrators can usually do more damage than can only one individual.
It takes only a minimum of two parties to form a conspiracy. So, it only takes two or more participants to form any sort of conspiracy to commit a crime.
One of the best defenses against a conspiracy charge is that a conspirator has indicated that he/she no longer wanted to be a part of the conspiracy. This conspirator must have informed the other members of the conspiracy that he or she wanted out. When this happens, it is always wise to contact a conspiracy criminal defense lawyer before proceeding to ensure that you have done all that is necessary to keep from being charged with a conspiracy crime.
If you have been charged with a conspiracy crime, call to schedule a free consultation with a conspiracy criminal defense lawyer today. Adding the charge of conspiracy to any other charges increases the seriousness of the crime as well as the severity of the penalty. The experienced legal staff at the Law Offices of John D. Kirby will thoroughly evaluate your case and build a strong defense to give you the best possible outcome. Give us a call at 619-557-0100 to schedule a legal consultation to speak with our friendly staff. Allow our experts to give you the legal voice you need.
Because of the spread of organized crime in the U.S., the Racketeer Influenced and Corrupt Organization Act (RICO) was enacted as part of the Organized Crime Control Act of 1970 in order to make it easier to prosecute organized crime. Various types of organized crime cost the U.S. billions of dollars every year, and the cost of the related suffering that results from it cannot even be counted. For this reason, RICO crimes are punished with severe penalties and can be met with both criminal and civil consequences. If you've been charged with a RICO crime, you need the best legal representation you can find. You need to consult with a RICO charges lawyer as soon as you discover you are being charged so that this legal advocate can do the talking for you.
In order to prove that a defendant is guilty of a RICO crime, it must be shown by the prosecution that he/she was working as part of some sort of criminal enterprise and that there was a repetitive pattern of illegal racketeering activity and not just an isolated event. The defendant must have been aware of the existence of the criminal enterprise or conspiracy and that it was engaged in criminal activity beyond his/her individual role in it. RICO crimes are often designed to make money or to hide money that was generated through criminal activity, as in money laundering. These crimes commonly include fraud or extortion, bribery, drug trafficking or even human trafficking. They may even involve terrorist activity.
Although RICO charges are a serious matter, there are some strong defenses against them. For example, if the defendant's Fourth Amendment rights are violated because some evidence was illegally entered, that is a valid defense. Since the burden of proof is on the prosecution, if they are unable to prove beyond a reasonable doubt that the defendant was involved in racketeering, then he or she must be acquitted. RICO charges also cannot be made if it cannot be shown that a crime or crimes were part of a criminal enterprise. An experienced RICO charge lawyer can help you build a strong defense if you have been charged with a RICO crime.
If you are facing a RICO charge, call to schedule a free consultation with a RICO charge lawyer today. RICO charges can mean years in prison and the ruin of a hard-earned personal or business reputation. The skilled legal professionals at the Law Offices of John D. Kirby will thoroughly investigate your case and will build a defense that helps you gain the best outcome. Give us a call at 619-557-0100 to schedule a legal consultation to discuss your charges with our friendly staff.
The U.S. Securities and Exchange Commission, or SEC, is a government regulatory and oversight agency whose purpose is to maintain a fair stock market and protect investors and institutions from various types of fraud. It can conduct investigations of suspected illegal activity and can also bring civil actions against those who have violated its regulations. However, even though it can work with the Justice Department or other law enforcement officials on criminal cases, it cannot directly send a perpetrator to jail. Perpetrators of SEC fraud can wind up in jail, though, if a law enforcement agency to whom SEC refers a case finds the perpetrator to be guilty. Prison sentences for some types of securities fraud crimes can be long, especially if those crimes were federal crimes.
The SEC Division of Enforcement is the branch of SEC that conducts investigations of alleged violators of the SEC laws and regulations. Although it cannot put any guilty party in jail, it can bring different types of civil actions against offenders. It can ask for documents and evidence as part of an investigation and can demand testimony from witnesses or various employees of suspicious institutions. It can also order civil penalties like fines or can seize assets that are considered ill-gotten from those who have violated the law. When the SEC suspects that criminal charges may be appropriate, it can also recommend criminal charges and refer the case to a law enforcement agency.
The SEC Division of Enforcement may refer a case that potentially may have criminal charges associated with it to criminal law enforcement agencies for further investigation. Then, if warranted, the case may go to court and if the perpetrators are found guilty of a criminal act, they will be charged and sentenced by that court. Some SEC investigations may also be coordinated with criminal investigations of various financial fraud activities, resulting in criminal charges being tried in a court.
If you are facing charges related to securities fraud or some other type of SEC violation, call to schedule a free consultation with a SEC charges lawyer today. The experienced legal staff at the Law Offices of John D. Kirby will use their state-of-the-art professional networks and resources to thoroughly evaluate your case and deliver the best possible outcome. To schedule a consultation, give us a call at 619-557-0100 and speak with our friendly staff. Our expert team will give you the legal advice you can trust.
If you are facing the seizure of some of your financial assets by a government agency because you are suspected of or have been charged with a crime, you should learn how a California asset seizure attorney can help you. In the forfeiture process, there are crucial deadlines to meet, so seeking the assistance of a legal advocate as soon as possible is the best option. The asset seizure process can become complex, and paperwork can be confusing and must be filled out correctly when attempting to get the assets back. An experienced seizure asset attorney understands this process well and can help you get it done efficiently so that you have the best chance of getting your assets returned.
Asset forfeiture can occur when law enforcement officials suspect that someone is involved in an illegal activity like drug trafficking, prostitution rings, money laundering or similar. If it is believed that a house, for example, is being used for illegal activity like the sale of heroin or for a methamphetamine lab, the house can be seized by the FBI or DEA, even if the owner of the house is renting it to someone and is not aware of the activity going on inside.
Cars and other vehicles may be seized if they are suspected of being used to conduct drug trades, human trafficking, home theft rings or similar. The car may be a stolen vehicle with an innocent owner, but if it is seized by the government due to suspected illegal activity, it's very difficult for the owner to get it back without skilled legal assistance. Asset seizure is conducted by law enforcement in order to interfere with and disrupt criminal activities, so the innocent owner of a seized asset must go through many channels to ensure the return of the property.
There are different types of asset forfeiture, and some can be implemented without the asset owner being charged with a crime. For example, civil judicial forfeiture does not require a charge or conviction, as the legal action is filed against the property itself and not the owner of the property. The property owner may contest the seizure, but this must go through trial proceedings. In criminal forfeiture, assets are seized from someone who has been charged with a crime. The person charged has the right to contest the seizure and go through the whole procedure, but if the asset was related to the crime, it may be difficult to get it back.
If you have had assets of some kind seized by the government due to suspected use in criminal activity, call to schedule a free consultation with an asset seizure attorney today. The experienced legal professionals at the law offices of John D. Kirby understand the asset seizure process and are familiar with the government agencies that conduct the seizures. We can help you get your assets returned to you. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us give you representation that makes a difference.
If you or a loved one have been accused of a white collar crime in California, this is serious. Our reputations can be tainted with these types of accusations. When your name is mentioned within an investigation, it can affect your life entirely. This is why it’s important to immediately hire an experienced white collar crimes defense attorney. They will protect your legal rights throughout the entire legal process ahead. At The Law Offices of John D. Kirby, we have years of experience building strong defenses for those facing white collar crimes. When you’re facing this charge, you will need to hire a legal team that has a proven track record of success.
White collar crimes are nonviolent, illegal activities that can involve breach of trust, concealment, deceit or manipulation. Due to this, it’s necessary to have an experienced white collar crimes defense attorney by your side when you’re facing serious penalties. Some of the white collar crimes that we can defend clients with include wire fraud, mail fraud, bankruptcy fraud and securities fraud.
Our attorney has years of experience helping clients like you to fight your charges with ease. We offer consultations where we learn more details about your case. During this conversation, we can discuss possible fines and/or jail or prison sentences, what we can do to help you to avoid both and if we think there’s a way, we can get your case dismissed. We will ask you a series of questions to better understand your situation and to help us to build a strong defense for you. All of your answers must be honest as this helps our white collar crimes defense attorney to build the most accurate defense for you.
At The Law Offices of John D. Kirby, we can determine the best approach to your case. Whatever your charges, our defense team can provide expert legal representation when you need it most. Ultimately, without an experienced lawyer on your side, you can face serious consequences. If you have been accused of or charged with a white collar crime, call to schedule a free consultation with a money laundering and embezzlement defense attorney today.
Money laundering and embezzlement are some of the most serious white collar crimes that can have consequences that can change your life. Our legal team has over forty years of combined experience and can thoroughly evaluate your case to find the details that will lead to the most effective possible defense. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 today to schedule this important consultation to discuss your charges.
Many people invest in the stock market as a way of creating a healthy retirement fund or of financing future plans. When the market is going well, the returns can be great, and the investor can get a lot of satisfaction out of knowing that he or she invested wisely. There are a variety of honest brokerage firms that offer products like mutual funds, exchange-traded funds, stocks and bonds that help money grow over the years and offer investors a real chance at financial security. However, there are also a lot of con artists who are out to promote their own agenda with little concern for the investor in mind. The SEC, or Securities and Exchange Commission, prosecutes this type of fraud and is vigilant in investigating those who are suspected of committing it. If you've been charged with securities fraud, it's time to learn about how a California securities fraud defense lawyer can protect your rights.
Two common types of securities fraud are insider trading and third party misrepresentation. Insider trading occurs when someone has inside knowledge of a company's financial status even before this knowledge is disclosed to the public. This knowledge is then used to make decisions about buying or selling that company's stock. For example, an employee of a company may notice that the company is losing money, so he decides to sell all his stock in the company without notifying any of the relevant parties. This is insider trading.
Third party misrepresentation occurs when someone gives out false information to others about the value of a company's stock. For example, someone may buy a large amount of some cheap stock and then send out a thousand or more emails about how this stock is going to make people rich. The goal here is to get people to buy the stock and drive up the price, so that this third party can then sell all the stock at a profit. This is sometimes called "pump and dump".
Securities fraud isn't always easy to prove, which is why so many people get away with it. To prove securities fraud, the client wishing to prove that he has been swindled must be able to show that someone in the securities industry deliberately or recklessly either misrepresented or omitted some material information in order to sell him some stocks. The client must be able to show somehow that the broker or third party knew that what he was saying about the stock was untrue, and as a result, the client lost money. An angry client who lost money on the purchase of a stock may make accusations that are not fully valid. That is why, if you've been accused of securities fraud, you need a skilled securities fraud defense lawyer on your side.
If you've been charged with securities fraud, call to schedule a free consultation with a securities fraud defense lawyer today. The legal professionals at the law offices of John D. Kirby have over forty years of experience and understand the complex world of securities law. We'll fight hard to defend your rights and protect your reputation. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us give you reliable legal representation.
Money laundering is a white collar crime that can be complex and difficult to understand to the average person. This type of crime sometimes involves misunderstanding where innocent parties are accused of this serious crime in which they are not aware of. If you’re facing charges of money laundering or other white collar crimes, you should hire a money laundering defense attorney immediately after being charged. They are well versed in all the laws pertaining to this type of crime and can represent you in any and all legal proceedings. Their job as your legal counsel is to protect your legal rights every step of the way.
When you face charges of money laundering, you can face penalties including prison sentence and large fines, but also becoming the defendant in a civil lawsuit. Individuals and organizations can be held liable for money laundering. This accusation alone can ruin someone’s career and/or reputation. That’s why hiring an experience money laundering defense attorney is important. Being accused of money laundering can lead to the accusation of other crimes such as racketeering and embezzlement. With the help of an experienced defense attorney, you can get reduced or dismissed charges.
If you have been accused of or charged with money laundering, call to schedule a free consultation with a money laundering defense attorney in California today. Money laundering is a serious white collar crimes that can have consequences that can change the entire course of your professional and personal life. The legal experts at the law offices of John D. Kirby have over forty years of combined experience and will thoroughly evaluate your case to find the details that will lead to the most effective possible defense for your money laundering case. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us give you the strong legal voice you need.
Medical devices of various kinds are designed to improve the lives of patients with disabilities or other health-related conditions. People rely on pacemakers to keep their hearts beating effectively, and use blood sugar and blood pressure monitors to keep levels of various health parameters within a safe range. Medicare, Medicaid, and private insurers pay over $100 billion dollars a year to provide these patients with the devices they need to stay as active as possible and to manage their health conditions. However, sometimes fraudulent charges are made, adding to the expenses of patients who use these devices and to taxpayers and others. If you've been accused with this kind of fraud, it's important to understand when you need a California medical device fraud defense lawyer.
Unfortunately, there are many types of medical device fraud, some of which are quite common. Billing for a medical device that was never given to the patient, billing for a more expensive device than the one that was actually provided for the patient, and failing to report any adverse events that were associated with a medical device are common examples of the type of medical device fraud that occurs.
Even though there are laws to prevent it, illegal kickbacks still occur in which physicians are encouraged to prescribe medical devices for patients when they may not really need them or benefit from them. Government agencies like the CMS, or Centers for Medicare and Medicaid Services, are always vigilantly searching for medical device fraud, so it's possible to be accused of this fraud when you are not guilty of it. An expert medical device fraud defense lawyer can evaluate your case and discover the sources of any misunderstandings.
The CMS is very active in providing guidance to all physicians, hospitals and other healthcare facilities to help them prevent medical device fraud and related charges. Healthcare practitioners can turn to the CMS for the latest practice standards and legal guidelines. Providing all facility staff with training, education and having an internal monitoring and auditing program are essential components of a medical device fraud prevention program. One person on staff should be a designated contact person for all medical device fraud compliance issues. If a facility or practitioner is accused of fraud, it's also essential that he or she respond to the accusation in a proactive manner. A medical device fraud attorney can be of great help in doing this.
If you've been charged with medical device fraud, call to schedule a free consultation with a medical device fraud defense lawyer today. The legal expert staff at the law offices of John D. Kirby understand medical device fraud cases and will investigate your case to find the facts that will help build an effective defense. Accusations of fraud can hurt your professional reputation, so you will need a true professional on your side. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us be the legal advocates you need.
Healthcare system has grown a lot over the past 30 years and this has made it complex and oftentimes difficult to navigate. With the development of electronic medical records, tracking down healthcare fraud has become more difficult than ever. However, oftentimes it is charged with no real basis. Our healthcare fraud defense legal team can represent anyone who is facing these serious charges in the State of California.
The types of medical insurance and fraud that exist are unlimited. One type of medical insurance fraud is upcoding. This occurs when an insurance biller intentionally assigns a billing code to a diagnosis that isn’t accurate to get more insurance compensation. Manipulating deductibles and/or insurance co-pays is another example of insurance fraud.
Medical fraud also can occur when a diagnosis is falsified in order to justify specific tests or treatments that aren’t needed. This is done to increase revenue. Billing for services that were never done is another way to falsify bills. Billing for equipment that was never issued to a patient also occurs. Many possible cases of medical or insurance fraud involve a misunderstanding that with the help of a healthcare fraud defense lawyer can be remedied quickly with their experience and skills, you can be relieved of any charges that you did not commit.
Medicare involves the inappropriate use of Medicare funds for some type of financial gain. This type of fraud is also committed by up coding services, by billing for unnecessary services or like said before, billing for equipment that was never provided. Penalties for Medicare fraud are severe as this type of fraud jeopardizes the healthcare of elderly citizens and costs taxpayers billions of dollars. When you're charged with Medicare fraud or any other type of healthcare fraud charge, it’s important that you immediately hire an expert defense lawyer to represent you.
If you have been charged with healthcare fraud, call to schedule a free consultation with a healthcare fraud defense lawyer today. Healthcare fraud is a serious crime with serious penalties that can ruin a professional career and can lead to long prison sentences and very stiff fines. The expert legal professionals at the law offices of John D. Kirby have over forty years of combined experience and will fight to defend your rights and your freedom. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us give you legal guidance you can trust.
If you or a loved one has been charged with a federal drug crime, it’s important to hire an experienced federal drug charges lawyer as soon as possible. They will represent you throughout your entire legal process. The State of California enforces federal laws strongly. These federal drug charges can include possession, manufacturing, sale and/or trafficking. If you have been arrested on a federal drug charges, a lot of your defense strategy will be determined by the drug involved, the amount of the drug, the type and particulars of your case and other factors. With the help of a federal drug charges attorney in California, your legal rights will be protected every step of the way that you deserve.
At The Law Offices of John D. Kirby, we handle complex drug cases that involve federal drug crime charges such as possession, sale of a controlled substance, distribution, trafficking, manufacturing or cultivating. We have defended drug prosecutions including large amounts of heroin, cocaine, marijuana, prescription drugs and even ecstasy.
If you are charged with or under suspicious or investigation of committing a federal drug charge, you will need the expertise of a federal drug charges attorney from our law firm. Penalties associated with these drug crimes can be severe especially for those with a prior criminal record. Never take on your case alone. An experienced drug crimes attorney has the necessary experience and resources needed to strategic defenses that can help benefit your particular federal drug charges.
One of the most common federal drug crimes defenses in California is unreasonable search or seizure. The police must follow the law with certain procedures that involve getting a warrant or having probable cause that someone is committing a drug crime, whether transporting, possessing or selling. This means that by law they can never search someone, their car or their house just because.
Another possible federal drug charge defense is to claim the drugs at hand weren’t used. This is known as constructive possession. This means that you didn’t possess the drugs, but they were on your property, in your car, etc.
Another defense is when a drug crime lab concludes that something is a controlled substance and it really isn’t. Our federal drug charges attorney from The Law Offices of John D. Kirby can help defend individuals like you with your specific case.
If you've been charged with a federal drug charge, call to schedule a free consultation with a federal drug charges attorney in California today. Drug related crimes can result years in prison and thousands of dollars in fines. The legal professionals at the law offices of John D. Kirby have over forty years of combined legal experience and can build the best defense for your federal drug crimes case. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and allow us to be your legal advocate today.
Attorney John D. Kirby was a former Federal Prosecutor for 10 Years before establishing his own criminal defense practice in San Diego, California.
