Earlier this year, the federal government rolled out the CARES Act, which included the Payroll Protection Program (PPP). The PPP was intended to help small business owners keep their employees on the payroll during the pandemic, and help them pay for other costs, such as utilities and rent. Now, it is being learned that many large businesses, such as Shake Shack, are improperly applying for and being granted these loans. Even smaller businesses may face federal charges if it is found out that they have not been using the funds appropriately. So, what should you do if you become the subject of a PPP investigation?

What Prompts a PPP Fraud Investigation?

Since the PPP was introduced, federal agencies have stated that auditing the loans, particularly those over the amount of $2 million, will be a priority for them. An audit will likely be conducted if the government suspects that the borrower lied about owning a business so they could fraudulently obtain a loan, or the borrower was deceptive about the number of employees they have in order to secure a larger amount.

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The offense of driving under the influence is typically a state charge, meaning a person will be tried in state court and if convicted, possibly have to serve time in state prison. There are times when these offenses are charged and tried at the federal level. The penalties associated with a conviction of any federal offense are typically much harsher than sentences in state court. It is for this reason that it is particularly important that anyone facing federal DUI charges speaks to a federal criminal defense lawyer that can help.

What Is a Federal DUI Charge?

According to the U.S. Code of Federal Regulations, a federal DUI offense occurs when a motorist drives a vehicle with a blood alcohol concentration of 0.08 grams per 100 milliliters of blood. The federal statute also dictates that if the offense occurs within a state that has more restrictive laws, state law will supersede federal law.

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Ponzi schemes have become famous after news was made of Dona Branca’s scheme, the “Double Shah” and of course, the original Charles Ponzi scheme. Still, even though Ponzi schemes often make the news, few people really understand what they are, and what is at stake if they are charged with running such a scheme. Learn more about Ponzi schemes below, what types of criminal charges are involved, and what to do if you are charged. What Is a Ponzi Scheme? Ponzi schemes are considered white-collar crimes that typically involve some type of fraud. They are not violent crimes, but they are not what some call ‘victimless’ either, because these schemes do defraud people out of their money. A Ponzi scheme will involve an investor that convinces people or groups of people to invest a large amount of money with them in the hopes of obtaining a large return on that investment. The money paid by these individuals is then distributed to others that have also been convinced to invest. The majority of the money collected from investors is kept by the person or group running the scheme. Usually, the scheme is discovered when an investor wants to cash out, but they do not receive any payments because no new investors have been brought into the scheme. Ponzi Schemes and Criminal Charges Due to the fact that Ponzi schemes typically include some type of fraud, a person may face several charges if they are suspected of running such a scheme. The most common of these include:

• Mail fraud, if the government suspects a person used the postal office in an effort to further the scheme
• Securities fraud, including violations of the Securities Exchange Act of 1933, and the Investment Company Act of 1940
• Securities and commodities fraud, which involves using promises to secure money for a commodity deliver occurring in the future

A number of federal agencies may investigate suspected Ponzi schemes, depending on the nature of the offense. It is important to understand the agencies that may investigate potential Ponzi scheme cases, so you can better understand if you are under investigation. The Federal Trade Commission will investigate any scheme that involves securities and commodities fraud, while the Securities and Exchange Commission will investigate any scheme that involves securities fraud. When a suspected scheme involves a significant financial crime, the Financial Fraud Task Force may also investigate. The Task Force is composed of 94 U.S. Attorney’s Offices and 20 federal agencies that specialize in offenses involving fraud. Our Chicago Criminal Defense Lawyer Is Here to Help

Like all federal charges, the penalties for running a Ponzi scheme are harsh for those convicted. At the Law Offices of Hal M. Garfinkel, our skilled Chicago criminal defense lawyer can help. Attorney Garfinkel understands that federal prosecutors are sometimes overzealous when investigating these cases, and that innocent people are often charged. He also knows the best defenses and will use them effectively to give you the best chance of retaining your freedom. If you or a loved one has been charged, call us at 312-629-0669 or contact us online to schedule a free consultation.

Source:

https://www.justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud

Learning that your loved one has been charged with a federal crime is very scary. You want to help, but you do not know how to do it, or what steps to take. You may also want to post bond as soon as possible, so your spouse can come back home to you. The federal justice system though, is very different from the state justice system most people think of in criminal cases and so, it is important to understand those differences, and what you should do after your spouse is arrested. State Court vs. Federal Court Many people are familiar with the state court system and how it works, but are unaware that federal court is very different. Federal convictions typically carry much harsher consequences, and the procedural rules also vastly differ. As such, you need to work with a criminal defense lawyer that has the necessary experience in federal court to give your spouse the best chance possible. Posting Bond One of the biggest differences between state and federal courts is that you will likely be unable to post bond right away for your spouse. State courts often allow people to post bail or bond and remain at home until the date of their court hearing. Federal courts do not typically follow this procedure. The Federal Rules of Criminal Procedure state that defendants must appear in their first detention hearing within three days of arrest. At the hearing, they will be read the charges they are facing, and the court will determine if the individual is a flight risk, or if they pose a threat to others. After determining this, the judge will determine whether bond is appropriate. Certain federal offenses do not allow defendants or their loved ones to post bond. These include certain violent crimes, drug offenses that carry a prison sentence of ten years or more, felonies committed against a minor, and felonies committed with a firearm. Steps to Take to Help Your Spouse’s Case If your loved one cannot post bond, it will be even more important that you understand the steps you should take. The first step is to keep copies of all documentation. You may receive copies of warrants, police reports, and other paperwork during and after your spouse’s arrest. It is crucial that you keep all of these, as they will contain information about where your spouse is detained. Secondly, you must speak with a federal criminal defense lawyer that can help with your spouse’s case. Remember that the lawyer will work for your spouse, not you. Although it is okay to ask questions, remain understanding if there are certain aspects of the case the lawyer cannot discuss with you. Our Chicago Federal Criminal Defense Lawyer Is Here to Help

If your spouse has been arrested and is facing federal charges, there is little doubt that you want to help them as much as possible. At the Law Offices of Hal M. Garfinkel, our experienced Chicago federal criminal defense lawyer knows what a difficult time this is for you, and wants to make it easier on your family. Call us today at 312-629-0669 or contact us online to learn more about how we can help your spouse with their charges.

  Source:

https://www.uscourts.gov/sites/default/files/rules-of-criminal-procedure.pdf

Too often, people are charged with a federal offense, such as tax evasion or drug trafficking, and they quickly hire a lawyer that was recommended to them, or that they heard about from an advertisement. As the case progresses, the lawyer’s shortcomings become quite evident and the accused individual starts to lose trust in their attorney. In these instances, people often want to change their lawyers, but wonder if they are allowed to under the law. This is just one question that arises when people want to change lawyers. Below are other frequently asked questions about hiring a new attorney, and the answers to them. Am I Allowed to Switch Lawyers During My Case? The Constitution of the United States provides all Americans the right to have an attorney of their choosing represent them during their case. As such, you can change lawyers nearly any time you would like. However, there are times when a judge will not allow you to change lawyers, such as right before your trial begins if the judge feels it would not serve justice and the change would only delay the case. How Do I Know if I Should Change Lawyers? The answer to this question is largely subjective because it relies on how you feel about your attorney. Do you feel as though your lawyer does not have the skillset your case requires? Do you speak more to your lawyer’s paralegals and secretaries than you do your attorney? Have you lost trust that your lawyer is working in your best interests? All of these are signs that you should change lawyers but generally speaking, any time you are not comfortable with your lawyer, it might be time to seek a second opinion. How Do I Know that a Lawyer is Better than My Current One? The most important thing to ask a potential new lawyer about is their experience. Ask how many cases they have handled that are similar to yours, and about the outcomes, they achieved in those cases. This will tell you if the lawyer can handle your case, and will ensure they are familiar with the law regarding your case. Do I Have to Tell My Old Lawyer that I Chose a New One? You should never sever ties with your current attorney until you have spoken to a new one. Once you start working with your new lawyer, they can draft a letter informing your current lawyer of the change and ask that they transfer your case file to you, or to your new attorney. Need a Second Opinion? Our Chicago Federal Criminal Defense Lawyer Can Help

Changing lawyers in the middle of your case is certainly not ideal, but sometimes it is necessary. If you feel as though your current lawyer is not the right one for the job, our skilled Chicago federal criminal defense lawyer at the Law Offices of Hal M. Garfinkel can help. Attorney Garfinkel is well-versed in all areas of federal law and can answer all your questions about switching lawyers. When you need a second opinion, call us at 312-629-0669 or contact us online to schedule a free consultation and to learn more about how we can help.

Source:

https://www.law.cornell.edu/uscode/text/26/7201