Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

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Archives: Fraud

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DBSI Convictions – Fraud Allegations Drive Emotions

Posted in Fraud
 First – a disclaimer – I watched the DBSI trial in federal court here in Boise with considerable interest over the past three months and I admire the lawyers involved on both sides. I also had a client who was a witness (a key witness perhaps, after viewing a juror interview on local television). I… Continue Reading

Just One Tool – Protecting Your Sixth Amendment Rights

Posted in Civil Rights, Constitutional Law, Criminal Defense, DUI, Fraud, Trials
The Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading

Federal Sentencing Guidelines Unfairly Punish “Fraud”

Posted in Criminal Defense, Fraud
 Alan Ellis is well regarded as "THE" Federal Sentencing guru among those of us who spend time in federal court. An article he co-authored with John Steer and Mark Allenbaugh appears in the American Bar Association’s Criminal Justice Magazine entitled At A Loss For Justice, Federal Sentencing For Economic Offenses.  A copy can be obtained… Continue Reading

Stock Brokers: Tell Us The Truth!

Posted in Fraud
   Yesterday a friend stopped me in court. "Hey – what’s the deal with your blog?" "What deal?" I said. "The no entries since June deal…." Guilty. I have been running, riding, swimming, occasionally golfing, raking pine needles and burning them in McCall, boating, recovering from a couple of trials and trying to answer life’s… Continue Reading

9th Circuit Says Intent to Defraud is the Intent to Cheat

Posted in Civil Trial Practice, Criminal Defense, Federal Sentencing, Fraud, Mac Loving Trial Lawyers, News
 In another one of those confusing 9th Circuit fraud decisions – the Court of Appeals has upheld the convictions and sentences of three men who summoned the likes of Charles Ponzi and swindled 1700 investors out of $40 million. In US v. Treadwell the Court upheld an instruction  that “intent to defraud is an intent to… Continue Reading

“I Would Like To Have Been Notified.” Fraud By Silence.

Posted in Fraud
 A few years ago I caught a radio interview of a Canadian hockey coach who had been fired, but not told so by his team before it was reported in the press. When questioned about his situation the coach (in his best Canadian accent) reflected, "I’d like to have ‘beeen’ notified!" This phrase has become… Continue Reading

Check Out This IRS Review of Real Estate and Mortgage Fraud

Posted in Fraud
 I am doing a little research on a case I have and googled "real estate developer fraud."  Check out the resulting IRS case reviews on just how seriously their enforcement efforts have been.  Certainly a good reminder that real estate fraud by developers can cause some serious time in prison.  No time to really write… Continue Reading

Ponzi Scheme Results In Prison Sentence For Idaho Man

Posted in Fraud
 The Idaho Statesman is reporting that a Kooskia man was sentenced to four years in federal prison for fraud.  The ghost of Charles Ponzi – the father of all Ponzi schemes – rides again into the court room only to meet up with Judge Ed Lodge.  This guy stole $1.6 million from "investors" who saw… Continue Reading

When Are Receipts, Proceeds? Ninth Circuit Looks At Money Laundering

Posted in Fraud
 In an interesting and confusing decision, the Ninth Circuit gave us US v. Van Alstyne last week, and again considered just when do funds arising from specified illegal activity constitute "proceeds" for purposes of the money laundering statute, 18 USC § 1956.  To decide the matter, the Court had to address the Supreme Court’s decision in United States… Continue Reading

9th Circuit Says No Loss Needed For Real Estate Fraud – Relax, It’s No Big Deal!

Posted in Criminal Defense, Fraud, Trials
 In United States vs Hickey, the 9th Circuit Court of Appeals affirms the conviction of another real estate developer who made big promises to investors but failed to deliver.  Defendants Hickey and Tang induced over 700 investors to invest over $20 million in two real estate developments.  The plan was straight forward enough – you give… Continue Reading

Department of Justice Looking For Fraud “Rock Star”

Posted in Fraud
 Check out the article at about the Justice Department’s search for a new lead attorney and ten new trial lawyers to fill out the fraud section.  White collar crime – including securities, bank, wire and mail fraud – is where the action is if you are a government attorney looking to make your mark… Continue Reading

Judge To DBSI President – Testify Or Else

Posted in Criminal Defense, Fraud, News, Trials
 In an article appearing online in the Statesman it appears that DBSI president Douglas Swenson will have to answer questions under oath in the DBSI Bankruptcy case now pending.  Here is the classic dilemma – answer the questions and face the use of your testimony in an all but certain criminal case, or refuse to answer… Continue Reading

Boise Woman Indicted On 52 Counts Health Care Fraud

Posted in Fraud
 The Idaho Statesman reports today that a Boise woman, Tina Lancaster has been indicted on 52 counts of health care fraud and obstruction of a federal audit. The story says: "According to the indictment, Lancaster billed Medicaid for physical therapy services that were not ordered by a physician, were not provided by licensed physical therapists,… Continue Reading

Real Estate and Mortgage Fraud – Feds On The Trail

Posted in Fraud
 The feds are at it again – investigating real estate and mortgage fraud across the fruited plain and the end result is almost always the same – PRISON.  Check out this report concerning their efforts and the results – an incarceration rate of over 82% and an average sentence of 38 months.  And in Idaho… Continue Reading

Mortgage Fraud Sends Defendant To Prison For 135 Months

Posted in Federal Sentencing, Fraud
If you think that white colar crime results in a slap on the wrist, consider the recent sentencing decision in a case of mortgage fraud, in Georgia.  The Georgia United States Attorney reports that last week Adriene Newby-Allen was sentenced to 135 months imprisonment and ordered to pay $5,278,703 in restitution. Newby-Allen pled guilty in… Continue Reading

DBSI Files For Bankruptcy

Posted in Fraud
 As reported here DBSI, a locally prominent real estate investment company is in serious financial trouble, having been named a defendant in civil lawsuits alleging fraud.  Investors yesterday were dealt the next card in this hand – the BK card.  DBSI has now filed for protection under the bankruptcy laws in hopes of keeping its fiscal… Continue Reading

Investor Lawsuit Against DBSI Claims Fraud – Ponzi Scheme?

Posted in Fraud
Here's the other thing we need to remember - there is no "guaranteed investment." Any investment carries risk, and risk makes "promised returns" nearly impossible to count on. So be careful out there as you invest. If you buy a "share" of a promise, make certain that the promise could be fulfilled.… Continue Reading

Looking for Hidden Assets

Posted in Crime Victims, Fraud
I am in the process of looking for hidden assets of a potential judgment debtor (assuming we win the case and get the judgment) and came across another blog that focusses on this challenge.  Check out Asset Search Blog for info on this subject.  Very interesting.  In my case, we are looking for assets to… Continue Reading

Medicaid Fraud Trial Starts

Posted in Fraud, Trials
Thursday is not a day that one usually begins a felony Medicaid Fraud trial, but that is where I find myself today. Trying to beat the long weekend, we got it going today in hopes of getting to the jury by next Tuesday. I thought a lot today about Gerry Spence’s advice in his latest… Continue Reading