Information and Insight on Criminal Law and Civil Rights
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 When Are Receipts, Proceeds? Ninth Circuit Looks At Money Laundering
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 me money, we…
Continue Reading 9th Circuit Says No Loss Needed For Real Estate Fraud – Relax, It’s No Big Deal!
Check out the article at law.com 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 in the Department. The cases…
Continue Reading Department of Justice Looking For Fraud “Rock Star”
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 and invoke the constitutional…
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, or were not provided at…
Continue Reading Boise Woman Indicted On 52 Counts Health Care 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 there are numerous ongoing investigations…
Continue Reading Real Estate and Mortgage Fraud – Feds On The Trail
As reported earlier, Boise mortgage and real estate "professionals" are headed to prison as a result of a fraud scheme that cost Zion’s Bank $20 Million. Check out the earlier post here and the Statesman article here. So it’s not just New York, or Bernie Madoff. There are more and more cases like this coming against others in the…
Continue Reading Chris Upchurch Gets 33 Months in Federal Real Estate and Mortgage Fraud Case
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 July to charges arising from…
Continue Reading Mortgage Fraud Sends Defendant To Prison For 135 Months
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 head above water. The…
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 Investor Lawsuit Against DBSI Claims Fraud – Ponzi Scheme?