Articles Posted in Criminal Evidence

Published on: | by

Patrick Barone and Keith Corbett Federal Criminal Defense LawyersThe best way to understand federal prescription fraud is to look at a case where this has happened. For example, the United States Department of Justice and the State of New York recently announced an indictment on federal health care fraud charges on a licensed pharmacist and business owner in New York.

The basic allegations are that the pharmacy owner paid off customers (in other words, provided kickbacks) to fill fake prescriptions at his pharmacy. The pharmacy would then bill the prescriptions to Medicaid and Medicare.

However, the government alleges that the prescriptions drugs were never actually given to the customers. Alternatively, that drugs of lesser value were given, and that it was a scheme to fraudulently get reimbursed by Medicaid and Medicare.

Continue Reading ›

Published on: | by

Once you have been arrested on a Federal Complaint and Warrant, the government must hold a preliminary exam with 14-21 days unless you consent, and good cause is shown. Otherwise, the rules require that you be released. However, you can only be held on a complaint. You cannot be prosecuted further on a complaint and warrant.  To prosecute you further, the government must either file an information or obtain an indictment.

To better understand this, it is helpful to consider that when the government believes that you have committed a felony over which the federal courts have jurisdiction, the prosecution for this crime may be initiated by the government in one of three ways. The most common of the three is the criminal indictment. However, in certain circumstances, the government may determine that there is a need to forgo the grand jury and instead will prepare and file a complaint. This procedure is governed by Rules 3-5.1 of the Federal Rules of Criminal Procedure.

A complaint, and the necessary probable cause to support it, may be based in whole or in part on hearsay. According to Rule 3 of the Federal Rules of Criminal Procedure, a complaint must contain the essential facts of the crime alleged, and must be presented to a magistrate judge, under oath. Rule 4 of the Federal Rules of Criminal Procedure provides that, in reviewing the warrant and deciding whether to issue an arrest warrant, the magistrate judge must determine whether the complaint establishes probable cause to believe 2 things; first that the crime alleged has been committed and that second that the defendant committed it.

Continue Reading ›

Published on: | by

President Biden recently signed an executive order seeking to have the rules applicable to sexual misconduct cases reviewed.  Previously, President Trump had increased the due process of rights of the accused, bringing them more in line with the constitutional rights afforded those accused of sexual assault crimes in state and federal courts.

What Happens if a Student is a Victim of Sexual Assault?

If a college student believes that they have been sexually assaulted and want to bring the perpetrator to justice, they have many choices.  They can go to the police just as with any other crime.  Alternatively, they can report it their school. Or they can do both. Or they can have both done for them. Much of this will depend on the particular school involved.

Continue Reading ›

Published on: | by

In the most basic terms, statutory rape means consensual sex with a minor child. Michigan does not actually call this “statutory rape” to describe this crime. Instead, Michigan’s rape laws use the phrase criminal sexual conduct as the term for statutory rape.

Michigan’s rape laws, which are sex crimes, are divided into four degrees of criminal sexual conduct. All four degrees can be triggered by the age of at least one of the actors, fitting the generic definition of statutory rape. Regardless of the degree of criminal sexual conduct, the basic idea of statutory rape is preserved under these laws, which is that an individual under the age of consent does not have the capacity to consent and, therefore, cannot give consent.

Thus, even if a person under Michigan’s age of consent is 100% willing and voluntarily agrees to engage in the sex act, they still cannot legally consent. In this instance, yes does not mean yes.

Continue Reading ›

Published on: | by

If you have been charged with a violation under Chapter 110 of the United States code for possessing, receiving, distributing, or producing child pornography, then pursuant to 18 USC 18 U.S. Code § 2259, you are likely to be ordered to pay restitution to the victims of the crime. The term “victim” refers to the individual who is harmed because of the child pornography related crime.

As a general concept, the purpose of restitution in a criminal case is two-fold.  Firstly, restitution is intended to make a person “whole” meaning reimburse them directly for losses suffered because of the crime committed. Secondly, restitution has a punitive function, it is intended to punish the wrongdoer for the crime.

If the crime involved the trafficking of child pornography, which in this context means a violation of 18 USC 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g), then the specific law cited above applies. Under this law, the court is required to determine the full amount of losses that were actually incurred or that could be “reasonably projected.” Then, after this calculation, the court is required to order restitution in an amount that reflects the defendant’s “relative role” in causing the victims loses.  The minimum amount that must be ordered $3,000.

Continue Reading ›

Published on: | by

A man charged with second degree Criminal Sexual Conduct (CSC) in Ann Arbor successfully avoided jail time and conviction on the charge as filed. The accused was originally arraigned on the CSC 2nd degree charge on July 29, 2020. The charge was a result of an investigation into a complaint from a 10-year-old girl who was under the care of the accused. The allegation was that the victim was touched in a sexual way by the accused while being cared for by the accused in the home of the accused.

What are the penalties for 2nd degree Criminal Sexual Conduct in Michigan?

The potential consequences for second degree Criminal Sexual Conduct in Michigan are severe. CSC 2 is a felony that cannot be expunged. If convicted, you could be sent to state prison for up to 15 years. A conviction also requires that the defendant registers as a sex offender under Michigan’s Sex Offender Registry Act (SORA). If the victim was less than 13 years old and the defendant was at least 17 years old, as in the case above, then the convicted defendant will be required to wear an electronic monitoring device for a lifetime. The convicted defendant must also pay for the cost of that monitoring device.

Continue Reading ›

Published on: | by

If you have been accused of a sex crime in Michigan, based on any one of the many sexual offenses contained in Michigan’s criminal laws involving sex assault, then you are probably wondering how to win your case or avoid the worse penalties including SORA registration and lengthy incarceration.

This is especially true if you’re facing false allegations, which unfortunately are common in the reporting of sex crimes. In Michigan allegations of sex crimes often come up in context of divorce. False memories can also sometimes result in false sex crimes allegations.

While there are many ways to obtain an optimal outcome, an important issue in sexual assault cases, or what Michigan broadly calls “criminal sexual conduct,” is to address the issue of force.

Continue Reading ›

Published on: | by

The Superbowl has dominated the recent headlines, but an unfortunate story involving one of the Chiefs’ coaches, and the son of Head Coach Andy Reid, has also captured national attention.  Britt Reid was involved in a car accident wherein two young children were injured including one who is listed in serious life-threatening condition with a brain injury.

According to some initial Reports, the coach was driving onto an on-ramp and struck a disabled vehicle and then collided into a car that was providing assistance.  The accident resulted in the two minor children being seriously injured.

Mr. Reid admitted to drinking 2-3 alcoholic drinks prior to the accident, and a police report and warrant indicated a moderate odor of alcoholic beverages.  If there is evidence that alcohol may have been involved, then it is common that a warrant for a blood draw will be obtained.

Continue Reading ›

Published on: | by

If someone calls the police to report a rape case in Michigan, it will immediately be taken very seriously. Police have a duty to thoroughly investigate claims of rape, known as “Criminal Sexual Conduct,” under Michigan law. If you’re being accused of rape, an experienced Michigan rape attorney will be able to take some of the unknown out of the situation and advise as to what will happen next and the best steps to take to avoid a criminal sexual conduct charge being filed.

Police Will First Meet with the Accuser

After the initial call to the police, the case will be assigned to a detective with sex crimes investigative training and experience. The detective will ask the accuser to meet- usually at the accuser’s home or at the police department- to discuss the claim in person. The detective will want to obtain the “who, what, where, and when” of the claim. Who did it? Who else was there? What exactly happened? Where did it happen? When did it happen?

Continue Reading ›

Published on: | by

Never has the security of our electronic information been more important. Phones and other electronic devices now have the capacity to store our life’s most important information to be accessed in an instant. Nearly everyone’s phone contains tons of information we’d prefer remain private. From passwords to pictures, Google search history, websites visited, images and files accessed, downloaded or shared, places we’ve traveled, with whom we’ve associated or communicated, social media posts made and reviewed, emails and text messages, banking and financial information, even our love interests – it’s all a touch away from the Government’s prying eyes.

Consider this hypothetical

Imagine for a moment that you’re driving on your local main road. You’re going slightly over the speed limit but nothing crazy. Suddenly, an officer starts following you. The officer turns on the patrol car’s sirens and you pull over. You’re told you were pulled over for speeding, but something seems off. You can tell the officer suspects something more than just speeding.

Continue Reading ›