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Common Methods Used to Commit Health Care Fraud
There is an abundance of white collar crimes that authorities must deal with on a daily basis, from embezzlement and money laundering to mortgage fraud and classic cases of identity theft. All these crimes wreak havoc on the victims and businesses they affect, and the results are often devastating for everyone involved. Health care fraud is uniquely troubling in the sense that it can be a very personal yet impersonal crime, with repercussions that are far-reaching and difficult to repair.
The Healthcare System as a Platform for Fraud
With the overwhelming pool of money involved in the healthcare industry, it comes as no surprise that criminals often take advantage of the system and tamper with healthcare policies in order to achieve financial gain. It is easy to see how the appeal of these opportunities draws criminal offenders to prey on unsuspecting victims in the industry, as the business itself is a prime platform for fraudulent activity. These activities come with serious cost, however. All forms of health care fraud are taken very seriously by the Federal Bureau of Investigation (FBI) and are considered federal crimes, which translate to severe consequences for an offender’s record and reputation.
Identity Theft Acts that Trigger Criminal Charges
While the federal white collar crime known as identity theft is nothing new, statistics continue to illuminate the fact that identity fraud is an ever-growing problem across the nation, and across the globe. According to the FBI, the actual number of identity theft crimes committed every day is believed to be much higher than the publicly reported statistics we hear about.
The Federal Trade Commission reports that between the years 2010 and 2015 alone, identity theft complaints nearly doubled. The nature of these crimes can vary greatly, however, and law enforcement agencies often report the cases differently. This can make it difficult to consistently and accurately report every case for statistical purposes, so we often only hear about a fraction of the true number of identity theft cases that take place each year. For example, some identity theft crimes involve credit card fraud, while others involve mail theft or a combination of these types of fraud.
Child Pornography Charges: What Happens on Your Computer Is Not Private
Child pornography is a taboo topic across the United States. While it is important to protect our children, it is also important to protect and defend the rights of the American people. All too often, unsuspecting individuals become engaged with situations that can get them into a heap of legal trouble. We see stories popping up all over social media and the news that so-and-so paid untold amounts of money in fines and jail time for their child pornography case. One starts to question how all of these people are getting caught by the police? What happens on your computer should stay there. However, this right diminishes at an alarming rate.
How Law Enforcement Obtains Evidence
Law enforcement is becoming increasingly more forceful and deceitful in their tactics to gather information. Someone who has no inclination they are under surveillance may end up with a rude awakening when officers appear at the front door, claiming to have evidence of illegal activity. Some methodologies utilized in apprehending suspects include:
Conspiracy at a Federal Level
Conspiracy is a topic that on which films and television shows are created. Thousands of novels fly off the shelf annually with titles related to dramatic conspiratorial plotlines. The word in and of itself sounds intriguing, but what exactly does it mean? The term in itself encompasses a wide variety of behaviors, requiring further explanation. Conspiracy is a charge discussed at a federal level and is rarely considered an offense at the lower state level, which means that it has substantial penalties should a conviction occur. Let us clarify a few of the details.
What Is Conspiracy?
A conspiracy occurs anytime two or more individuals put their heads together and agree to commit a crime and for one of those individuals to act in a way to further this plan. Prosecutors enjoy attempt conspiracy charges because the spectrum of behavior is comparably broad and the burden of proof is lesser than other crimes. A jury must believe that the defendant merely knew about the plan for the offense to declare the defendant guilty, rather than needing evidence that a comprehensive agreement occurred.
Prison or Probation in 2017?
Effective January 1, 2017, judges in Illinois now must explain, on the record, why they handed down a prison sentence for a crime that also carries a punishment of probation when imposing sentences on two classifications of felonies. This change in Illinois law now forces judges to clarify reasons when they could previously have been silent. It also makes judges explain why none of the mitigating factors swayed he or she from imposing a prison sentence instead of a less restrictive sentence.
The requirement of this new explanation at sentencing was aimed at encouraging judges across Illinois to become less reliant on imprisonment and more reliant on diversionary programs that may be more suitable for nonviolent offenders. Illinois law allows a judge’s discretion when imposing criminal sentences for various crimes. A judge may consider a wide array of factors when imposing a sentence, such as:
When a Defendant Dies
Unfortunately, we never know what life holds in store. Maybe life is 100 years long, and in other cases, the length of life is not as long as we hope. When life ends prematurely, we are often left to pick up the pieces. What happens if the decedent is part of a criminal trial? Does the case stop? Do prosecutors continue to drag the name through the mud during a trial? Who stands to represent the decedent? Although uncommon, defendants have passed away during a trial before, and it is useful to know what the procedure is in these instances.
With No Verdict
A criminal case needs someone to prosecute; otherwise, there is no case. Therefore, in the event of the death of the defendant during a trial or an investigation, the case drops against the recently deceased, if they are the sole defendant. The person must be alive to argue their side of the case. However, this is not the way anyone would like a case to end.
Internet Crime Center May Be Targeting Wrong Individuals
Internet crime is beyond a doubt troublesome for not only the ordinary individual but also impacts national security. While the majority of citizens utilize the world wide web to complete daily activities, such as shopping, applying for jobs, listening to music or ordering tickets to a show, there is a portion of the population using the information for darker, or even criminal purposes. The Federal Bureau of Investigations (FBI) created the Internet Crime Complaint Center (IC3) to offer a safe avenue for the public to report internet crimes. However, when the public can initiate an investigation into other individuals, problems may occur.
What happens with the information?
The Internet Crime Complaint Center (IC3) has grown from the original entity of the Internet Fraud Center. The name changed due to a number of allegations flooding in, ranging anywhere between hacking to matters involving intellectual property rights. Just about anyone can make a complaint against someone else within the United States, regardless of their citizenship status. No evidentiary support is necessary at the time of the report, either, which means anyone with a personal vendetta can stir up trouble. After initiating a complaint, stopping the process is not an option, even if the initiator shows remorse and admits it is false. The IC3 analyzes the information provided then transfers it to the appropriate department who then proceed with the investigation. Agencies responsible for the case include:
Bank Fraud Explained
Accusations of bank fraud elicit ideations of a masked individual demanding cash from a banking institution. However, although the accusations imply the illegal procurement of money, one is not the same as the other. Bank robbery is a blatant, public act in which an individual immediately announces intent to obtain money illegally. Bank fraud is the secretive version of taking money, often with the intent of getting away or perhaps never being discovered. A wide variety of actions results in charges of bank fraud. Federal charges such as bank fraud hold harsh criminal punishments if convicted.
Type of Bank Fraud
There is a wide variety of methods used to defraud a bank of their money. A few are more common than others due to the ease in which they occur. The more complex the behavior is, the more premeditation is necessary and therefore the harsher the penalty if found guilty. A few bank fraud practices include:
Mortgage Fraud Defined
Prosecuted as a federal crime, mortgage fraud is often a very complicated criminal act that can create ongoing, long-term problems for both its victims and offenders over time. The FBI defines this crime under two main categories: Fraud for property, and fraud for profit. Both forms of mortgage fraud involve some kind of conscious, deliberate misstatement, misrepresentation, or omission on behalf of the individual applying for a home loan, or on behalf of the loan officer, underwriter, or lender who funds or insures the loan.
Common Tactics
While the nature of the forms of these offenses is different, each with different intent, they share one glaring similarity: Both types of mortgage fraud are essentially theft crimes, committed by deception in order to acquire funds. Property fraud, which is committed by individuals applying for a home or property loan, typically involves one loan with the intent to pay the debt back, but the means by which the loan is acquired is through the use of dishonest, illegal documented statements. The same goes for profit fraud, only this kind usually entails multiple loans and various schemes to obtain the funds, which the offender usually has no intention to pay back. Common tactics used to commit mortgage fraud include the following:
Federal Money Laundering Allegations Defined
Chances are, if you have been accused of a money laundering crime, you were already aware of the seriousness of the crime before the allegations were filed against you, as it is an activity that has existed for many years. It has been heavily prosecuted, with ramifications that are far-reaching, wielding power to impact countless individuals and organizations, depending on the severity of the offense. This is because money laundering is not a simple, petty crime; it consists of many complex layers and often has a chain-reaction effect that leaves trails of damages.
If you are being accused of laundering activity, here are some steps to take:
Determine Whether Your Activity Is Considered Money Laundering
Laundering is categorized as a federal crime, meaning it is an illegal act according to U.S. legislation, prosecuted in federal courts. Money laundering acts range from health care fraud and human trafficking to narcotics trafficking and international and domestic public corruption. The FBI describes laundering as a process by which criminals conceal their earnings by somehow making the proceeds appear to come from a legal, legitimate source. This allows them to hide and accumulate large sums of money, giving them the ability to dodge prosecution and evade taxes. In short, they utilize these various activities to both generate and conceal the money they make.
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