Under Federal Health Care Fraud, per 18 US Code Section 1347 it is prohibited to knowingly and willfully execute, or attempt to execute, a scheme or artifice to defraud any health care benefit program; or to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program.
The prosecutor must establish the following elements to convict the defendant under Federal Health Care Fraud US Code Section 1347:
According to 18 US Code Section 1347, an attempt to commit health care fraud is punishable to the same extent as the commission of fraud. An “attempt” is consist of intention to commit illegal conduct and a “substantial step” toward its commission.
To be found guilty of health care fraud under 18 US Code Section 1347, it is necessary to knowingly and willfully execute an illegal scheme. While presenting proof of actual knowledge is one way that the prosecution can get a conviction, sometimes, constructive knowledge can be enough to establish criminal culpability for health care fraud. In case the defendant was aware of a high potential for fraudulent conduct and took steps to intentionally avoid learning about it, in some cases this can be enough to establish knowledge.
18 US Code Section 1347 applies to fraud targeting all health care benefit programs. According to 18 US Code Section 24(b), a “health care benefit program” is any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.
Health care fraud covers many white collar crimes and it can include the following types of conduct:
18 U.S. Code Section 1347 imposes severe penalties for health care fraud. The penalties are the following:
If the fraudulent actions resulted in serious bodily injury the defendant can face of up to 20 years in federal prison. If the fraud resulted in death the defendant can face a life sentence.
Contact the criminal defense attorneys at KAASS LAW if you or a loved one has been arrested for Federal Heath Care Fraud charges. Call (310) 943-1171 or set up an appointment to set up a free consultation with a Federal health care fraud attorney.
According to 18 USC § 152 and 18 USC § 157 Bankruptcy Fraud is committed when a person makes a misleading claim or false statement in a bankruptcy proceeding or intentionally files a fraudulent bankruptcy petition as part of a larger scheme to defraud. Bankruptcy Fraud can be prosecuted through numerous criminal statutes such as wire fraud, mail fraud, credit card fraud, conspiracy, or tax fraud. The most prevalent charge is Bankruptcy Fraud under USC Section 152 which covers all possible methods that a debtor or other person can employ to defraud any bankruptcy filing or proceeding.
The defendant can’t accidentally commit bankruptcy fraud. Criminal fraud always involves knowingly misleading the court, hiding assets, or taking other fraudulent actions.
Examples of bankruptcy fraud include the following
According to Section 2113 of Title 18 of the United States Code, you cannot take or attempt to take property, money, or items of value from federal banking institutions.
Wire fraud is a crime under both federal and state laws, and the exact definition depends on the law the defendant is charged under.
According to 18 U.S Code Section 1343 wire fraud is defined as recklessly and intentionally making a material misrepresentation to deprive another person of something that has a value. Wire fraud is any kind of fraud scheme that uses wire, radio or television or communication or includes telephone and communications and some types of internet fraud.
Prosecutor must establish the following element for convicting the defendant of a wire fraud:
Usually wire fraud cases involve using misrepresentations for obtaining property or money. But there is also a less known form of a wire fraud called “honest services fraud" which can also lead to charges. Honest services fraud happens when a person abuses a position of trust by accepting kickbacks or committing bribery.
According to 18 USC Section 1029, it is prohibited to knowingly and with an intent to defraud, use, or traffic one or more counterfeit access devices; produce, traffic, or possess device-making equipment; or commit another act pursuant to a violation of the statute.
The prosecution must prove that the defendant committed one of the following acts:
Good faith belief In case the defendant honestly and in good faith believed the misleading statements or promises made as part of the scheme were true it is a valid defense in federal bankruptcy charges. Substantial Assistance Usually, the most commonly utilized method to avoid the penalties for federal bankruptcy fraud is substantial assistance. The prosecution is authorized to ask the court to suspend or reduce a sentence when the defendant provides substantial assistance in the arrest, identification, or conviction of any other person engaged in the scheme to defraud. Penalties for violating 18 U.S. Code Chapter 9 Under federal law, the punishment for Bankruptcy Fraud may vary depending on the circumstances, nature and of the offense, and the defendant’s criminal history. Under 18 U.S. Code Section 157 the crime of Bankruptcy Fraud is a felony, punishable by:
https://www.youtube.com/watch?v=WCbOdx6gdIE
Prosecutor must establish the following elements to convict the defendant of Federal Bank Robbery under 18 USC 2113
Contact KAASS LAW for a legal consultation or for any further assistance!
The crime of “wire fraud” can include communications through:
A person can’t be convicted of wire fraud unless he has a scheme or plan to commit a fraud.
Misrepresentation or a lie must be material to support wire fraud charges. This means that the wrong information must be enough important to make influence on another person’s decision. A misrepresentation of an unimportant fact that doesn’t matter cannot count as wire fraud. A defendant can also make a misrepresentation in case he deceives another person by leaving out some important information. Professionals may falsely misrepresent themselves with the intent to financially profit from a situation. There are false misrepresentation lawyers that provide legal defense services for defendants being sued and/or criminally charged, as well as legal assistance for plaintiffs who are suing another party for falsely misrepresenting. Although just to be clear, of course no one lawyer will represent both sides of any same case.
Defendant acted knowingly or recklessly means that he was aware he was telling a lie or he just didn’t care whether his statement was true or false. Thus, for being convicted in wire fraud a person can misrepresent the facts intentionally or can even be recklessly indifferent by making things up without checking if they were true or not.
Potential legal defenses for wire fraud charges are as follows:
For committing a wire fraud defendant must have made a misrepresentation. There can be cases when defendant believed that his statement was true or did not fully understand the situation and simply made a mistake of facts.
The intent to carry out a wire fraud is the most important element of the crime, so the defendant cannot be convicted in case he didn’t want to deceive another person. It is not enough to simply participate in a wire fraud scheme; defendant also needs to have known about the scheme with the specific intention of committing a fraud.
Wire fraud is a federal crime and can result a prison time in federal prison. The penalties for wire fraud include:
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2019/11/Wire-fraud.mp4"][/video]
If you or a loved one has been arrested and charged with wire fraud 18 U.S. Code section 1343 we invite you to contact offices of KAASS Law at (310) 943-1171 today for a free consultation with our wire fraud defense lawyer.
For the purpose of 18 USC Section 1029, intent to defraud means acting with the intention to the device or cheat another person. Device-making equipment includes mechanisms, equipment, or impression-making machines which create counterfeit access to funds. Access devices refer to different information that is used to access an account of funds, including personal access codes, cards, and account numbers.
18 USC Section 1029 covers crimes that involve:
If the defendant has committed any of the crimes mentioned in 18 USC 1029 but did so without intent to defraud, he should not be convicted of this crime.
This can be a valid defense if the defendant actually had authorization or believed that he had it.
The defendant can face the following penalties: