California has a series of strict laws regarding sexual assault. Thousands of sexual assault incidents, also known as sexual battery in some cases, are reported each year. Even with the high numbers of reported sex crimes, countless others are never reported, investigated, or charged.
California prosecutors do not take allegations of sexual assault lightly. If you or someone you know is involved in any aspect of sex crime investigation, it is crucial that you work with an experienced and professional attorney.
Sex Crime Defined
The most common definition of a sex crime involves the unwanted touching of a body part. Of course, the nature of the contact and specific body part are also used to define what is a sex crime and what is not. The definition of a sex crime can also include non-physical acts, such as stalking, solicitation or prostitution, and indecent exposure.
Let’s say you are attending a concert full of fellow fans of your favorite band. While standing in the crowd, someone pushes past you, and part of their arm bumps into your breast. This would most likely not be considered a sex crime. If, however, at the same concert, someone made an effort to purposefully grope your buttock, groin, or breast, it would meet the definition of a sexual assault
To prove sexual assault, the prosecution must prove the following:
- The defendant (accused) intended to touch the other person for sexual gratification, arousal, or abuse. This is different than a medical professional doing an exam where the intention is not sexual.
- The touching was against the victim’s will.
Sexual Assault and Rape
Sexual assault is a large umbrella under which various sex crimes fit. That is to say, that rape is considered a form of sexual assault, even if not all sexual assaults are considered rape.
Previously, state law defined rape as an “act of nonconsensual sexual intercourse accomplished with a person” under any single set of specific circumstances. However, after the passing of AB 701, California law has expanded the definition of rape to include “all forms of nonconsensual sexual assault”.
The specific circumstances surrounding consent with regard to rape are as follows:
- The victim is unable to provide consent due to being mentally or physically disabled, is intoxicated or under the influence of drugs, or is unconscious, asleep, or unaware of what is happening.
- Intercourse took place against the victim’s will through force, violence, coercion, or fear of the aforementioned.
- The abuser committed an act of fraud.
Spousal Rape
While California law specifically suggests that rape must involve a non-spouse, there is such a thing as spousal rape. The same circumstances to define a general rape apply in cases of marital rape.
While not all states recognize rape within a marriage, California does. The same is true for partners who are together but are not married. California does not, however, acknowledge date rape as a separate crime. Sexual assaults that would fall under date rape meet the essential requirement for rape and therefore doesn’t need a different legal definition.
Statutory Rape
Sexual intercourse with a minor is considered statutory rape<span style=”font-weight: 400;”> in California. Statutory rape does not need to meet the general definition of rape. That means that even consensual sex involving a minor can be considered statutory rape. The main exception is if the minor is a legal marriage, and the sexual act does not meet the general definition of rape.
While most statutory rape cases involve a legal adult and a legal minor, anyone having sex with a minor can be charged with statutory rape. This includes two minors who consented to one another, a minor who has consented to a legal adult, or even a minor who has parental permission to engage with a partner sexually.
Where statutory rape can get confusing is with the age of consent. In California, the age of consent is 17. That means that two 17-year olds could consent to each other and not be guilty of statutory rape. If, however, someone 18 or older has sex with a 17-year old, the adult could face charges.
Sexual Bullying
While not as well known as sexual assault or rape, sexual bullying is a significant issue facing people today. Typically, sexual bullying is bullying directed at a young person’s sexual orientation, gender identity, body parts, and so on.
Sexual bullying most often takes place online and involves the following:
- Sending or asking for obscene images or videos of body parts
- Leaving comments on social media accounts, e-mail, direct messages, texts, etc.
- Spreading rumors about someone’s sexual orientation or sexual experiences
- Making sexual jokes about another person
- Blackmailing or creating a quid pro quo in exchange for sexual activities
- Pretending to be someone else online for sexual favors, known as catfishing
- Snapping someone’s bra or touching their underwear
It is possible for adults to be victims of sexual bullying. Typically, once the victim is a legal adult, these kinds of behaviors are classified as sexual harassment. In either case, both sexual bullying and sexual harassment are protected under California’s sex crime laws.
Seeking Justice
Under California law, victims have up to ten years to file a claim. Victims of sex crimes are often offered compensation for their injuries in a civil court. They may also find relief in seeing the perpetrator of their assault behind bars in a criminal court. Read more about sex case lawyers.
Damages can include:
- Medical expenses
- Lost wages or loss of earning potential due to circumstances that were the result of the rape (e.g. if the victim had to stop working to deal with the aftermath of the rape)
- Reparations for pain and suffering, mental and emotional trauma
Help When You Need It Most
While the district attorney decides whether or not to press criminal charges, any individual has the right to pursue a civil claim. While you could go it alone, it is risky to enter the trial without the proper representation.
A knowledgeable sex crimes attorney can work with you to ensure that you get the best outcome for your case. The chances are that the opposing side will have representation, so handling the situation on your own puts you at risk. This truth is relevant whether you’re a victim of sexual assault or being accused of committing a crime.
Instead of risking your case, take the time to meet with someone who knows the laws, understands the process, and wants to help you protect your interests. Read more about defense lawyer.
Whether it’s due to a mistake or intentional deception, medical coding errors are becoming a significant issue in modern medicine. When it comes to healthcare fraud, billing and coding errors are the most common forms. Honest mistakes can even be prosecuted under the False Claims Act. The charges could be either civil or criminal and come with some pretty severe consequences. Whether you’re a practitioner who has made a mistake or a patient who’s had an error made on his or her file, it’s often necessary to hire a healthcare fraud lawyer.
Before you dig through all of your old medical files, bills, and referrals, here is what you need to know about billing and coding errors:
Billing and coding errors count as healthcare fraud
There is a difference between an honest mistake and an intentional act of fraud. Because the Department of Justice, and other fraud-busting entities use computer algorithms to find cases of fraud, it is sometimes challenging to distinguish between accidents and deceptions.
Violating coding and billing rules can be classified as fraud or abuse
Under the broad umbrella of medical coding and billing errors, there are two broad categories: fraud and abuse. Fraud is an intentional misrepresentation, while abuse is an innocent mistake. A new employee, for example, might misunderstand the coding system and bill for a more complex, thus more expensive service than was actually performed. While this kind of abuse can be forgiven, it can also create legal issues for those involved.
Solving problems of abuse often involves proper training and oversight. Since medical coding and billing is a complex organism, anyone working in this area must be adequately educated. It’s also vital to have some kind of system that helps audits the work that is being done. Employees who continue to make mistakes should be retrained, reassigned, or retired. The severity of medical billing errors is high enough that it should be taken seriously at every level.
Most common types of errors that are considered fraud
While errors resulting from abuse can be avoided with proper training and oversight, issues with fraud are more difficult to correct. Because fraudulent mistakes are made intentionally, it’s not an issue of misunderstanding but misplaced ethics. The challenge is that some practitioners may not know just what to look for.
1. Upcoding
As the most common form of fraud, upcoding is when medical providers bill for a more complex procedure than was performed. Upcoding often happens by accident, but can cause serious issues. A physician might be tempted to code for a more expensive procedure to meet office goals, earn bonuses, and more. Since insurance covers the bulk of the cost, the patient may never know the difference.
Read More: Things You Should Know About Illegal Kickbacks and Healthcare Fraud
2. Unbundling
When components of a bundled package are billed separately, it is known as unbundling. In most cases, breaking apart a bundle results in a higher price. It’s similar to buying a burger, fries, and drink separately instead of lumping them together in a value meal. As with upcoding, it is possible that someone in billing didn’t realize that certain components are bundled together, but this method is also a way to charge extra than is necessary.
3. Coding the kitchen sink
Only a confirmed diagnosis can be coded. If a physician throws other codes into the mix, it is known as kitchen sink coding. When done intentionally, this practice is often done to make a doctor seem like he or she is treating more things in a visit.
The biggest challenge here is that kitchen sink coding could create a false narrative about a patient’s health. In some extreme cases, it could create a paper trail that shows a pre-existing condition. If that actual problem arises in the future, insurance companies could refuse to pay for treatment costing the patience exponentially more for relief.
4. Coding without consistency
If a patient’s diagnosis changes without the corresponding changes to symptoms or complaints, there is a consistency issue. These errors are often found when the procedures listed on the physician’s bill do not match what is located on the surgery center’s statement. Inconsistent coding is most likely to occur right before surgery or another procedure.
Common Medical coding errors results
Since insurance companies are footing the bill, you might wonder why it really matters if an error slips through here or there. So long as the patient doesn’t have to pay a more considerable out-of-pocket expense, is it that big of a deal?
Beyond being a federal crime, billing fraud has some other consequences. It may not just be the case of a big insurance company losing money. Here are some of the biggest, unintended consequences of billing fraud.
1. Patient care
Using the wrong code could change a patient’s care plan. A mere two-digit accident could result in an MRI being performed on the wrong area of a patient’s body. In a more extreme scenario, a patient could be denied certain medications because a miscode suggesting she is pregnant.
2. Delayed or Denied Reimbursement
Incorrect billing can cause insurance companies to delay or deny reimbursements. On the patient side, this could lead to a variety of issues. While insurance companies try to determine the accurate information, patients have to wait for funds for they may desperately need. In some cases, the entire claim is denied, forcing the patient to take action for an error they didn’t cause.
3. Fines
On the medical side of things, billing companies and doctor’s offices can be heavily fined for repeat offenses. A little upcoding here and there may seem like a simple way to meet your numbers but could end up costing the practice a great deal more down the road. The practice’s reputation may also be harmed so badly that you’ll find it difficult to get new patients or recruit talented doctors.
Read More: How to Choose a Health Care Defense Attorney
When in doubt, seek help
If you believe you’re on either side of medical billing or coding abuse or fraud, seek advice. An experienced healthcare fraud attorney can make a huge difference. Your lawyer can help your practice take the necessary steps to weed out intentional fraudsters. If you are a patient, your attorney can also make sure that coding abuse doesn’t slow down your reimbursement or taint your much-needed care. If nothing else, set up a free consultation to see if you’re in a position to seek legal help or defense. When it comes to your medical bills, there is no messing around.
From pop culture TV shows to recent ballot measures, it seems that drugs are part of a national conversation. While some state laws are relaxing their hold on some drugs, things at the federal level are a little slower to move. That means understanding the legal side of drugs can be complicated. Illegal drugs, from marijuana to addictive prescriptions, are everywhere.
Having a base understanding of federal drug laws could mean staying out of trouble. If you do find yourself accused of a federal drug crime, you’ll want to meet with a criminal defense attorney to help navigate the complicated road ahead.
Here’s what you need to know about federal crimes related to drugs.
Possession
Each state has different laws regarding the possession of illegal drugs. These laws often depend on the specific drug in question and the amount found.
It is unlawful at both the state and federal law to possess certain controlled substances like cocaine, methamphetamines, or heroin. And while some states have relaxed regulations on or have even decriminalized the use of marijuana, there are still plenty of states that consider pot to be highly illegal.
Being caught in possession of an illegal substance could lead to an arrest. In some cases, the charge of possession could be extended to possession with intent to distribute. Typically, the charge of having the intention to distribute requires possessing a large quantity of drugs.
Paraphernalia
Drug paraphernalia is pretty much any equipment that is used to prepare, inhale, inject, ingest or hide illegal drugs. The definition can also be expanded to equipment that works to conceal or create unlawful drugs. It is against the law to sell, import, or export any kind of drug paraphernalia, including bongs, individual styles of pipes, rolling papers, syringes, and more.
One of the challenges of charging a suspect with having drug paraphernalia is that most items that fall into the category can also be used for legal purposes. For example, bongs and rolling papers can be used to smoke tobacco legally. Syringes, as another example, are not uncommon with certain medications.
Merely having a piece of equipment in itself is often not enough to be arrested, but context clues can also be used to infer that paraphernalia is being used for illegal purposes.
Drug Manufacturing
Being involved in any step of making an illegal drug is considered drug manufacturing. This is a crime at both the state and federal level. Even finding specific equipment or paraphernalia is enough to prove the intent to manufacture.
Marijuana is one exception. Even though it is still illegal at the federal level, different states have different laws regarding growing, cultivating, and processing this substance.
Check with your local laws to know what is allowed and how the process is controlled.
Trafficking
Selling, transporting, and importing illegal substances, like cocaine, is a felony. This crime is considered much more severe than merely possessing large amounts of drugs. Being in possession of a large quantity of illegal drugs may lead the police to believe there is a plan to traffic the substance.
Dealing
Dealing drugs differs from trafficking mostly in the amount being sold. Dealing typically involves smaller amounts, while trafficking is generally associated with large quantities. Different states can have slightly different definitions to determine if someone is dealing or trafficking.
The Difference Between State and Federal Drug Offenses
In general, you cannot be charged with both a state and federal law at the same time. It is possible to be charged at one level and then moved to a different level as the investigation unfolds. Since laws can vary state to state, you must check with an attorney for drug charges if you have any questions or are accused of violating a law at either level.
Here are some of the top instances where you can be charged with a federal drug crime:
- Incident took place on federal property, including national parks.
- Activity crossed state lines
- You are investigated by a federal agency, such as the DEA.
- The drug activity is tied to other federal offenses, like money laundering.
- Activity involving large quantities.
What are the consequences of federal drug charges?
The results of a federal drug conviction vary depending on the severity of the infraction. Trafficking more serious drugs will have more severe punishments than dealing with a small amount of federal property.
The results can include jail time, significant fines, and other penalties, like the loss of personal property and real estate to pay fines. While there are differing levels of severity in the punishment, no outcome is a simple slap on the wrist. If you have a case going to federal court, you need to take it seriously and seek appropriate counsel.
Federal drug charges require serious help
Once charges make it to the federal level, you need highly trained and experienced federal drug lawyers on your side. A good defense against federal drug case involves a comprehensive strategy. It starts with challenging unlawful searches and investigates if drugs were planted, testimonies are flawed, faulty lab results, and more.
How do I find the best federal drug attorney near me?
If you’re under investigation or have already been indicted in federal court, you need an attorney right away. There may be plenty of attorneys out there who can handle a multitude of issues, but you want someone with experience in the area of your case. You also want someone who has trial experience so that they aren’t inclined to pressure you to take a plea bargain. Some kind of deal may be in your best interest, but you need a lawyer who will provide you with the best options and then fight towards your decision.
While it might seem like hiring a criminal defense attorney is too expensive, you should consider the cost of not having the appropriate help. Public defenders are overworked and cannot put in the time you deserve. More importantly, the potential fines and jail time are going to cost you far more. When meeting with potential federal drug attorneys, ask about and understand their payment options and how it all works.
There is no benefit to going it alone. If you have been accused of violating federal drug laws, you need robust, a professional representation that can help you win your case. You may also check domestic violence attorneys in los angeles.
Different laws apply in federal court as compared to the state. To more fully understand federal crime, we must first understand federal criminal law vs. state criminal law.
US Courts
All of the courts in the US are federal, state, or local courts. Federal courts have jurisdiction over the constitutional matters or any federal laws passed by Congress. State courts, on the other hand, have jurisdiction over state and local laws.
State Jurisdiction
State court jurisdiction includes a broad range of criminal charges, from minor traffic violations to felonies. Most cases involving citizens are tried in state courts and not federal.
Federal Jurisdiction
The federal court jurisdiction includes things like bankruptcy, copyright, patent, antitrust, and more. Federal courts also come into play when the US government is sued or whenever the government is a party. Federal courts also try cases involving citizens from different states when an amount of money in dispute is more than 75 grand.
Federal Crimes vs State Crimes
Most crimes are considered state crimes, and therefore, tried in state courts. State crimes include a broad range of offenses, such as:
- Robbery
- Arson
- Murder
- Rape
- Theft and burglary
- And more
Federal crimes, however, are less broad since they involve a matter of national or federal interest, like counterfeiting or fraud.
It’s also important to remember that some state crimes are also federal crimes, such as bank robbery.
The federal criminal code covers many different offenses that are typically tried at the state level.
Federal crimes also include:
- Identity theft
- Drug trafficking
- Different types of fraud
State and federal laws also differ in how they are passed. State criminal laws are passed by the state government. Federal laws are passed by Congress or come from the constitution.
State and Federal Criminal Laws Require Different Attorneys
Federal courts include district courts, also known as trial courts, and circuit courts, which is the first level of appeal. These courts are located throughout the US.
When cases go to trial at the federal level, a US Attorney to Assistant US Attorney prosecutes them. When cases go to trial at the level, a state or district attorney will procedure them.
Whichever court defendants are charged in, they will need to seek legal help from an experienced criminal defense lawyer. Not all lawyers are the same, as some will only focus on state cases and others on federal, so it’s important to understand which you require. A lawyer with experience in both a state and federal court setting might be your best option if you are facing either charge.
Differences in Procedure
State and Federal prosecutions differ in many ways. Federal judges are appointed for life by the President of the United States. State court judges are appointed by the governor and must sit for re-election.
Prosecutions in State and Federal Court
It is possible to be prosecuted in both state and federal court, although it does not happen often. Federal and state courts can share jurisdiction over some cases.
The Fifth Amendment protects citizens from “Double Jeopardy,” which means that you cannot be put in jeopardy twice for the same offense. However, if you are tried and acquitted of a state charge, you may still be in jeopardy at the federal level. These are rare exceptions, but they do happen.
The double jeopardy clause only prevents multiple prosecutions by the same “sovereign,” or the same government. Federal and state governments are considered separate, so double jeopardy does not apply.
Federal courts may also hear cases that involve state laws when the state law is in violation of the US Constitution.
Consequences and Punishment
The punishments for both state and federal crimes vary. When it comes to federal sentencing, the majority of judges follow similar guidelines. Typically, federal penalties are longer than state penalties, even if the crimes are similar in nature. Those convicted of federal crimes and sentenced to go to prison will go to federal prison, not state prison.
Once you obtain the services of an experienced lawyer, they will walk you through the possible outcomes of your case. It’s important that you have an understanding of what you are facing in and out of court. Together, you and your attorney will craft the best defense so that you feel as confident as possible walking into court.
When to Get Legal Assistance
The timeframe for getting legal assistance is the same for both federal and state charges. Getting help from experienced lawyers is something that should be done as soon as possible. Once you know of the possibility of being charged with a state or federal crime, you should contact a defense lawyer immediately.
For federal charges, it’s crucial to find an attorney with experience representing defendants in federal court. The rules in federal court are different from those in the state, so you don’t want to take a lawyer experienced only in state court.
Also, whenever you are facing criminal charges, your attorney should have experience defending that particular type of case in the same court. Having knowledge not only of the charges but of the judge and the prosecution can give your defense a huge advantage.
Whether you are being tried in state or federal court, an attorney will help you navigate through the justice system to obtain the best outcome for your case. Make sure to do your homework to find a lawyer that you are comfortable with and confident in.
When discussing your case with a lawyer, make you have an understanding of their success with similar cases so that you can determine whether they are the right person to defend you. If they don’t have experience defending people in your situation, let them know, and they may be able to connect you with another lawyer at the same firm that’s better versed in that particular area of criminal law. Learn more about los angeles federal criminal attorney.
What else do you want to know about federal and state criminal law? Let us know in the comments.
CALL OUR HEALTH CARE FRAUD DEFENSE LAWYER
Healthcare fraud criminal charges are unique compared to other possible charges a corporation or individual may face. Healthcare fraud lawyers need to have specialized knowledge of the healthcare system, including statues, Medicare guidelines, criminal statues, and more.
Health care fraud lawyers will help prepare the proper defines, which requires the analysis of records along with finding the right experts at every stage of the proceedings. The best defense is a defense starting early. An aggressive investigation at an early stage can prevent or pre-empt formal charges so that you may be able to avoid criminal proceedings.
This simple guide will help you understand healthcare fraud and what to expect.
What is Health Care Fraud?
Healthcare Fraud can be pursued both civilly or criminally. We will be focusing on the criminal charges under 18 U.S.C §1347 and §1349 (Healthcare Fraud and Conspiracy to Commit Healthcare Fraud) for the purposes of this article. While the focus is on the criminal violation, you should also be aware of the possible civil proceedings that are initiated by the Government.
A person or corporation who knowingly and willfully tries or succeeds to scheme and defraud any healthcare benefit program can be convicted of Health Care Fraud. Here are a few examples to help you understand what this type of fraud entails.
- Billing for services that were never provided or were not medically necessary
- Misrepresenting dates of service or provider of service
- Waiving co-payments or deductibles
- Billing for drugs not filled by a pharmacy
- Incorrect reporting (of diagnoses or procedures)
- Medicaid Fraud
- Unlawful prescribing and dispensing of drugs
What’s Involved in a Healthcare Fraud Case?
Before you learn how to defend healthcare fraud charges, it’s important to understand the structure of the case. There are multiple avenues the prosecution may choose to go, but in the Federal setting, Healthcare Fraud allegations typically develop in one of two ways.
1. Referral for Investigation from State, Local, or Regulatory Body
The charges may come as a referral for the investigation. This means that a regulator entity, like a Medicare Audit, conducts a routine prepayment or post-payment audit of a doctor, or health care corporation, and uncovers signs of fraud.
When the regulator body finds evidence of criminal conduct, they refer the case to the Office of Inspector General (OIG) for investigation. The OIG will then choose to either pursue the case civilly or federally, which includes criminal charges. If they pursue criminal charges, the OIG refers the case to the Department of Justice, where, together with the FBI, they conduct a criminal investigation and seek an indictment.
2. OIG or FBI Obtain Information from Cooperating Source
Cooperating sources are used for investigating a web of fraud activity, where a number of companies and physicians are thought to be engaged in a conspiracy to defraud the Government. Cooperating sources provide information to the Government in return for a reduced sentence during their own prosecution.
Qui Tam Suit
A Qui Tam suit is a lawsuit filed by a private individual, also called a relator. Charges that require a healthcare fraud lawyer may also stem from a Qui Tam Suit. If the suit is successful, the relator may earn a percentage of the recovery, which is another powerful incentive to disclose criminal activity.
Qui Tam Suits begin as civil cases, but they often turn into criminal investigations.
Medicare Audits
As you can see, healthcare investigations are complicated. For this reason, your attorney will need to have knowledge of Medicare Audits and the effects they have on criminal charges.
During an audit, the provider may submit information to the auditor to support the medical necessity of particular services. However, any statement made in defense of the audit may bind them in future criminal proceedings. An admission of any wrongdoing can easily turn into the basis for criminal charges.
Because anything you say during an audit can be used against you later, it’s best to seek a lawyer as soon as possible. This lawyer should also have enough experience in this category to defend the audit without binding the corporation or the practitioner to a defense that may be detrimental.
If the auditor completes the investigation and believes that fraud has been committed, the case will mostly be referred to the OIG.
Civil Proceedings
If the case started with a Qui Tam Suit, there would probably be a civil case filed against the defendant, along with any criminal action. The resolution of criminal action may not necessarily mean the resolution of all claims. Attorneys need to be familiar with Qui Tam litigation when defending fraud charges at both levels.
Why You Need a Compliance Plan
An important aspect of any healthcare defense attorney’s job is to provide evidence of a Compliance Plan, which was initiated before the alleged fraud. Did you know? You could be charged with Healthcare Fraud even if you did not know you were committing fraud? That’s why it’s so important to rely on the advice of your lawyer.
A Compliance Plan detects and disrupts fraudulent activity in your practice or the corporation as a whole. Evidence of a Compliance Plan will then be used to prove that the corporation or practitioner lacked the intent to engage in Healthcare Fraud. A Compliance Plan means preventing allegations of fraud from occurring in the first place.
The OIG requires all practice groups to have a Compliance Plan in place because they are necessary when defending against a fraud investigation.
Negotiations May Prevent Charges
Depending on a number of actors, you may be able to prevent the Government from initiating charges with a Deferred Prosecution Agreement before being formally charged. These agreements are typically done when the Government is more interested in recovering money than prosecution.
At this stage, a defense lawyer will leverage his or her knowledge of Healthcare Law to identify weak points in the case to pre-empt formal charges. These weaknesses may discourage the prosecution.
Search Warrants
Search warrants are often the first sign that a corporation is under investigation. This is when it is extremely important to obtain legal help. Before agreeing to an interview, make sure that you will have a lawyer at your side. With search warrants may come arrest warrants, making having a lawyer at this point crucial.
Trial
If the Government believes that they have a strong case, the corporation or practitioner may face a trial. Trials are often won or lost based on the experience of the defense lawyers, which is why it’s critical to have them involved from the beginning.
Healthcare Fraud defense is a complex area of law and requires lawyers with experience. If you are facing charges or are interested in a Compliance Plan, call us today.
Did you know? Tax fraud is one of the most common offenses in the white-collar crime category. This federal charge typically has strong associations with executives and celebrities. However, anyone can be investigated by the Internal Revenue Service (IRS) and face serious charges and penalties.
How Tax Crimes Are Identified
The IRS has many departments for identifying and investigating criminal tax offenses. The Criminal Investigation Division (CID) investigates corporate and individual taxpayers, along with the individuals who prepare taxes that are suspected of committing offenses involving income taxes.
CID investigators look for red flags when looking at people’s taxes, including:
- Overstatement of deductions and exemptions
- Falsification of documents
- Concealment of income
- Falsifying expenses
- Claiming an exemption on a nonexistent dependent
- Underreporting income
Tax Fraud Penalties
Every tax fraud case is different, and federal charges are serious. However, convictions and sentences are determined based on various factors, including:
- The government’s financial loss
- Scope of conduct
- Using a specialized skill or abusing public positions
- Impeding investigations or obstructing justice
Penalties for Income Tax Fraud
Any taxpayer that attempts to evade paying their income taxes is subject to both criminal and civil penalties. The exact type of fraud determines the penalty. Here are some examples of penalties for specific kinds of tax fraud.
Attempting to Evade Paying Taxes: Once convicted, the taxpayer is guilty of a felony. They are subject to any penalties allowed by law, in addition to imprisonment for no more than five years, a hefty fine, and the cost of prosecution.
Fraud and False Statements: Once convicted, the taxpayer is guilty of a felony. They are then subject to imprisonment for no more than three years, a hefty fine, and the cost of prosecution.
Willful Failure to File a Return: This includes the failure to pay estimated taxes. Once convicted, the taxpayer is guilty of a misdemeanor. They are also subject to imprisonment for no more than one year, a fine, and the cost of prosecution.
All of these three types of fraud have similar consequences, although the amount of the fine will differ. Even so, you can expect to pay hundreds of thousands of dollars to the US government, and you may even have to spend time in prison.
In some cases, tax fraud may lead to conspiracy charges with a conspiracy to commit tax fraud or defraud the federal government. This is penalized by up to five years in prison on each count.
Tax fraud investigations can also discover information that may be evidence for prosecutors to pursue other fraud charges, such as:
- Wire and mail fraud
- Money laundering
- Embezzlement
Negligence vs. Income Tax Fraud
While the IRS may seem tough, they do understand that the tax code is complex and confusing for most taxpayers. Careless errors can occur, but if there are no signs of fraud, the IRS will assume that it was a mistake. In such an instance, the tax auditor will attribute this mistake to negligence. However, even if the mistake is intentional, the IRS may fine the taxpayer a penalty of 20 percent of the underpayment.
The IRS is not out to get you if you are a responsible taxpayer. To be found guilty of tax fraud, they must prove that you willfully committed this crime. This means that you must intentionally and knowingly lie on your taxes and they have to prove that. Be aware, though, that if you do willingly and knowingly commit tax fraud, the IRS will find out and they will prosecute you to the best of their ability.
Luckily, the IRS can distinguish when a mistake is the result of negligence or willful evasion of the law. Auditors check for common signs of fraudulent and suspicious activity.
Who Commits Tax Fraud?
Both service workers who are paid in cash and self-employed taxpayers who run cash-based businesses are the types of people who commit most of the tax fraud offenses. It is easy to underreport cash income. These professions were ranked as the top offenders in a government study:
- Restaurant and Clothing Store owners
- Car Dealers
- Salespeople
- Doctors, Lawyers, Accountants
- Hairdressers
It’s also common for service workers, like mechanics and restaurant servers, to underreport their cash income.
The IRS Investigation
Once the IRS takes notice of a specific taxpayer, they will pull that taxpayer’s tax returns and send a notice. The notice will request that you address certain issues and make a repayment as soon as possible. If you refuse to make a repayment or continue to defend your innocence, they will begin a formal investigation.
If the amount you owe is more than $100,000, the IRS will contact you at your home or office for an interview. Take note, that if this happens, you should consult a Los Angeles federal criminal defense attorney immediately. Read more about the top criminal and federal defense lawyers.
You can tell the IRS agents that you would prefer not to answer their questions until you speak with your attorney. Remember that the IRS knows more than you realize and they will be comparing your statements with their records. You never want to incriminate yourself, so make sure you have a qualified tax lawyer.
Los Angeles Federal Criminal Defense Lawyers
Once you retain an attorney, they will try to plea bargain your case and mitigate the amount of jail time you receive. If you have not committed fraud, then you should bring your paperwork and tax forms to prove it to your attorney. Once your lawyer has this information, they can obtain the information that the IRS has and begin investigating.
Your attorney will be invaluable when it comes to proving your innocence. Most tax fraud and related crimes prosecuted by the federal government result in prison sentences. It is your attorney’s goal to reduce your exposure to these penalties and structure a clear and strong defense to obtain the best outcome.
If you find yourself in an unfortunate situation where you have to defend yourself and your practice, you need experienced health care fraud defense attorneys. Inexperienced defense lawyers can make your case worse and lead to an even more serious case in court. Make sure to choose the lawyer that’s best suited to help you in your particular situation.
Before Hiring a Health Care Defense Lawyer
Before hiring a lawyer, you need to know what to look for. If you have been sued and the case involves the healthcare industry, you need to hire a lawyer who has experience defending those in this field.
You need a skilled healthcare defense attorney with years of courtroom experience who can confidently lead your case. This attorney should also know all there is to know about health care laws and regulations and spot potential risks in the case to protect your interests and those of your business.
As you search for the right lawyer to handle your case, make sure that the lawyer you choose has the expertise necessary before you sign any paperwork or pay them. Every case is different, but you should always ask these questions. Check for top criminal federal defense law firms.
How much of your practice is dedicated to the healthcare field?
It is not necessary to only consider attorneys who only practice health care law. However, you want to make sure that your lawyer handles these types of cases frequently enough to know the latest regulations and laws.
You don’t want to have to explain certain things to your lawyer as this will not inspire confidence that they know enough to defend you in court.
How many cases like this have you handled?
Health care law covers a broad spectrum of cases. There are so many rules, regulations, and laws that not every single lawyer has experience defending all of the possible causes that can be involved in health care law. Here are just a few types of possible cases involved in health care:
- False Claims Act Accusations
- Stark Law Disputes
- ERISA Issues
- Employment Discrimination
- HIPAA Violations
You will need to make sure your attorney is familiar with the particular type of legal issues of your case and has a track record for success. If your case is about kickback schemes, make sure to contact a qualified healthcare kickbacks defense attorney who has handled multiple recent cases.
What type of client do you represent?
Your attorney should be knowledgeable enough to know about your particular type of business. If they don’t understand the structure of your business or how your billing system works, they may not be able to defend you as well as another lawyer could. The healthcare industry is complex, so an ordinary criminal defense attorney might not know enough as someone that handles these cases frequently.
Also remember, that even attorneys who have worked on healthcare cases may not have experience with your particular case. They may also not have defended anyone in a similar situation recently. Regulations in the healthcare industry are always changing, so you need to make sure the lawyer you choose has relevant and recent cases that they’ve worked on to prove that they know all that they need to know to help you.
How will I be billed?
You never want to sign an engagement letter before making sure how the attorney’s fees are calculated. The amount of the retainer and how often you have to pay should be clear to you before you sign on.
You should also make sure you know when you will be billed and who is billing you on your case. In some cases, you may have to pay for every lawyer that works on your case, not just the lead attorneys.
Who will work on my case?
You should never assume that the lawyer you speak to initially will be the one to make court appearances. They may also not be the one performing the day to day tasks involved in your case.
Many firms rely on their legal assistants or junior attorneys to handle discovery and pre-trial matters. This work may be done at a lower price when using paralegals instead of lead lawyers, but it will cost more in the long run if the work takes longer or is not properly supervised.
Because your case is important to you, you want to make sure that it’s important to the law firm that you work with. If they are mostly using junior attorneys or legal assistants for the work, it may mean to you that they aren’t the right firm for the job.
Additional Tips for Hiring a Health Care Defense Attorney
Do Your Research
Finding a good lawyer can be difficult. Make sure you do your research before the initial consultation so that you have an understanding of the types of cases the firm takes on and how often they win. You will be able to find a proven track record doing research and if you can’t find one, don’t be afraid to pick up the phone and give them a call.
Find Reviews
One of the best things about the internet is that people are constantly on it reviewing their experiences. If you find a law firm that looks like it will be able to help defend your case, make sure to find client testimonials. You should look for client reviews for cases involved in the healthcare industry so that you can determine whether they are a good match for you.
Don’t Be Afraid to Speak Up
Whenever you have a question about your defense, you should always speak up. Your lawyers should never keep you in the dark and should be available when you need them. Make sure you can rely on the firm you choose to answer your calls during normal business hours and provide you with answers as soon as possible.
Do You Need a Health Care Defense Attorney?
If you’re looking for a healthcare defense attorney, you need lawyers who will work for you. We take the time to understand your individual case and find the best solutions for you. We’re here for you when you need it the most. You may also check los angeles sex crimes attorney.
It’s a law that you must pay your taxes every single year. However, sometimes people innocently forget to pay their taxes and let one year turn into several. Now, they don’t have the money to pay what they owe and are wondering if they’ll go to jail — unfortunately, they might.
People who fail to file their tax returns or lie on their tax returns can go to jail. However, you cannot go to jail for not having enough money to pay your taxes. If you are worried about going to jail for not paying your taxes, it’s best to call a Los Angeles federal criminal defense attorney. Let’s take an in-depth look at when you risk jail time when it comes to filing your taxes.
Criminal and Civil Proceedings
Making an honest mistake on your yearly tax return typically does not warrant prison time. Most tax liability is civil or criminal. If you are audited and it turns out that you owe more money, a civil judgment is placed against you to collect it.
In order for you to go to jail, you’ll have to have criminal charges filed against you. You will then be prosecuted and sentenced. There are two common tax crimes: tax fraud and tax evasion.
Tax evasion is when you use illegal methods to avoid taxes, such as claiming children that you don’t have or claiming more than you have. Tax fraud involves intentionally attempting to deceive or lie to the IRS. This is different than simply being confused and placing numbers in the wrong line. The IRS must prove that you had the intent to be dishonest.
Average Jail Time For Tax Evasion
The IRS is more forgiving with people who can’t pay their taxes as opposed to those who don’t file so they won’t have to pay. For example, if you file late, you can expect higher penalties than when you file your tax returns but have to pay late. You will not receive jail time for not being able to pay your taxes as long as you file your return. However, the following actions can have prison sentence consequences.
Tax Evasion
Any action used to evade the assessment of taxes, such as filing a fraudulent return. This can land you in prison for five years.
Failure to File a Return
Not filing a return can land you in jail for one year for each you that you didn’t file. For example, if you chose not to file for three years, you can expect up to three years in prison.
Helping Someone Evade Taxes
Even if you are not the one doing it, helping someone evade taxes can carry a three- to a five-year prison sentence, depending on what you allegedly did to help them.
Statute of Limitations
In order to end up in prison for tax evasion, the government must first file criminal charges against you for not paying your taxes. Depending on the exact nature of the wrongdoing, criminal charges must be brought within three to six years of the violation.
It’s important to note that the clock doesn’t start ticking until you file your return. If you owe the IRS on a 10-year past due return that you never filed, you can still be charged with tax evasion. If you happened to file a return ten years ago but never paid the taxes, you cannot be criminally charged. This means that in order to avoid conviction, you must have at least filed a return.
Who Goes to Jail for Tax Evasion
Lots of business owners and individuals are fearful of tax audits because they are afraid of going to jail if they’ve made a major mistake. The IRS mainly targets people who underestimate what they owe. Tax evasion cases mostly start with taxpayers who:
- Misreport income or deductions
- Don’t file a tax return
The IRS doesn’t typically pursue tax evasion cases for those who can’t pay their taxes. However, concealing assets and income that you should use to pay back your taxes can result in criminal proceedings.
Let’s take a look at a quick example so that you can see what the IRS will send you to jail for.
Your Side Job
Fraud Indicator: Omission of an entire source of income.
Let’s say that you have a side job that generates extra cash and a full-time job. During your off hours, you may also work as an independent contractor and deposit your side income into a special savings account. When you go to do your taxes, you must mention your side business and its income to your accountant. However, let’s say that one year you don’t and get a refund for $1,000.
Fraud Indicators:
- The omission of an entire source of income
- Concealment of bank account
The Audit
- False statements
The next year you get an audit letter for the previous year’s return. During the audit, the IRS auditor will ask for any other income you had, including business income. If you only tell the auditor about your full-time job, this is the omission of an entire source of income.
The auditor will also ask for copies of your bank records for all of your accounts that you had in the previous year. If you only give them one primary account and say there’s none else, even when there is, you are concealing a bank account, which is a fraud indicator to the IRS.
The auditor might also ask you what you do on your days off to make sure you don’t acquire any other money during these days. If you lie and say that you do something other than working a side job, you are making false statements.
You Vs. the IRS
Fraud indicators:
- Delay tactics
- False statements
What you may not know is that the IRS received information from the clients of you side job, since they reported their taxes that year. They will also receive any information on the interest income from a savings account you have at the bank.
The auditor will find sneaky ways to get you to stumble on your own words so that you will either tell them the truth or lie. If you drag your feet on getting the auditor the appropriate information or continue to lie to them, they will expand the audit and begin searching into your income history for the past couple of years. If they find even more discrepancies, they will refer the case to the IRS Criminal Investigation Division to investigate you for tax fraud.
What To Do When You Can’t Pay Taxes
If you filed your taxes and realized that you owe more than you can afford to pay, you have better options than not paying. Likewise, if you know that you will have to pay taxes that you can’t afford, simply not filing is the wrong way to go about it. If you can’t afford your taxes, consider a payment plan.
Always make sure to file your taxes, but also make sure you can afford them. If you know you can’t afford your taxes before filing, start figuring out payment solutions.
Individual Installment Agreement
You can set up a plan that you pay down over time with monthly installments if you owe less than $50,000 in tax, interest, and penalties combined. If you owe more than the designated amount, you can still get this agreement, but you will have to provide a lot more information.
Offer In Compromise
This agreement between you and the IRS will help you settle your tax liability, and for less than the full amount owed. It’s typically not an option when the IRS believes that you will be able to pay down your debt via a payment plan.
Get Help From a Los Angeles Federal Criminal Defense Lawyer
Failing to comply with the IRS or state tax laws can result in serious civil and criminal penalties. The longer your taxes go unpaid, the more serious the situation becomes. If you are overwhelmed by tax season and think you may need help, contact the best federal criminal attorneys Los Angeles has available. A qualified tax attorney will help you navigate your federal and state tax issues.
While the IRS does not pursue criminal cases for many people, the penalty for those who are caught is harsh. Taxes must be repaid with an expensive penalty and can face jail time up to five years. If this happens to you, your only defense option is to be proactive and hire a Los Angeles federal criminal attorney who can help you understand your rights and the potential consequences, while trying to reduce your sentence for a more favorable outcome. See more attorneys for federal cases.
Call Now! (818)-273-5286Did you know? The National Sex Offender Public Website (NSOPS) lets people search for convicted offenders in every state, territory, and tribal area. That means that if you are a registered sex offender, your name will and address will appear on that list.
What is a Sex Offender Registry?
This registry is a list of all convicted sex offenders in a state. People can search through the entire country. Sex offender registries will typically include the offender’s
- Name
- Address
- Physical appearance
- Criminal history
Who Registers?
All US states require individuals who have been convicted of certain sex crimes to register. Those convicted of violent crimes are required to remain registered for a longer period and to update their address more frequently.
Sex offender registries in the US have both federal and state-level systems that are designed to collect the information of convicted sex offenders for law enforcement and public notifications. All 50 states have registries that are open to the public, although some registered sex offenders may be visible only to law enforcement.
State Registrants must periodically appear in person to local law enforcement for the purposes of collecting their personal information, such as photographs, fingerprints, name, scars, tattoos, living address, place of employment and vehicle information.
The Government’s Role
The Sex Offender Registration and Notification Act (SORNA) sets the national standards for sex offender registration and notification throughout the entire US. SORNA’s requirements are a baseline for all states, encouraging them to meet these standards. State governments can also go beyond SORNA and create additional requirements of their own.
What If An Offender Doesn’t Register?
If you are convicted of a sexual crime and do not register, you are committing yet another federal crime. Failure to register as a sex offender means that you are committing a federal offense. This includes all offenders updating their address when they move, and other information depending on your requirements. In the event that an unregistered offender is convicted of another violent federal crime, they can expect another 30 years to be added to their sentence.
Many offenders simply fail to register because they don’t know how. While you will receive detailed instructions, it’s important to retain the help of a sex crime defense attorney who can help you register.
What Crimes May Result in Registering as a Sex Offender?
Depending on the jurisdiction, offenses requiring registration range in severity. Public urination, sexual activities in public places, and violent predatory sexual offenses all result in registering as a sex offender. It’s important to remember that the system isn’t perfect, but those involved in more serious crimes will have more serious consequences.
In some states, non-sexual offenses may also require sex offender registration. An example of this is unlawful imprisonment.
States will set their own sets of criteria dictating which offenders should be made visible to the public. Some states will evaluate the future risk of the offender and hide low-risk offenders from the public. In others, offenders are categorized according to the tier level related to the statute of conviction.
Here is a list of offenses that will result in registering as a sex offender:
Rape
If you are convicted of rape in any state, you will be required to register as a sex offender and will require a rape defense attorney. Most states also enforce the law when it comes to juveniles, and adults found guilty of statutory rape to register as sex offenders.
Offenses Involving Children
Child molestation, sexual assault, or child kidnapping are all crimes which will require sex offender registration. In some cases, you will also spend life in prison, depending on the severity of the crime.
Sodomy and Incest
Consensual sexual acts, such as sodomy and incest, may also require sex offender registration, depending on the state’s laws.
Indecent Exposure
Indecent exposure can include public urination and require offenders to register.
Each state’s sex offender registry is different. If you have been charged with a sex crime, you will most likely have to register as a sex offender. Your criminal defense attorney will be able to help you sort out which crimes require registration.
How Long Are Offenders on the Registry?
The duration of the registry will vary, but will typically require a minimum of ten years. However, there are many cases in which offenders are on the list for life. It will all depend on the state legislation and risk category. Some states exclude low tier offenders from public registries, while other states publically list all offenders.
Some states also offer the possibility to petition to be removed from the registry. If you believe that you should be removed from the sex offender registry, you should contact an experienced sex offender attorney as soon as possible. Being on the registry can affect your entire life, from job security to buying or renting a house, especially if that house is located in a neighborhood with a school. Retaining an LA sex crime defense attorney is absolutely critical.
When to Call a Lawyer
If you or someone you know has been accused of a sex crime of any kind, you should call a lawyer immediately. For those with more violent crimes accusations, you’ll require the strategic approach of a rape defense lawyer who can protect your rights and keep the consequences to a minimum. Remember, that sex crimes cases can result in much more than registering as a sex offender. Consequences include prison sentences, probation, and more.
If you are already on the sex offender registry and believe that you should not be, or have lived with the consequences for years and need help figuring out your options, you should contact a lawyer today.
The experienced criminal defense attorneys at LibertyBell help to protect the rights of their clients. We know the damaging effects that a criminal record might have and want to help you prevent, reduce, or eliminate charges. Read more about sex crimes criminal defense.
Healthcare fraud is a very real concern in our nation and is a heavily investigated crime, as it should be. However, during the tenacity of these investigations, the truth is sometimes overlooked and the innocent are sometimes wrongfully accused. The Los Angeles federal criminal defense lawyers at LibertyBell Law work hard to ensure the best defense for our clients.
Law enforcement is cracking down on suspected healthcare fraud committed by doctors, lawyers, and any other suspected individuals. This includes patients that willingly participate in such acts.
As nationwide healthcare spending increase, so do inquiries into that spending. Over time, these inquiries have uncovered some illegal practices by dishonest healthcare providers. Due to these practices, investigative teams have been formed and grants have been acquired to uncover more. Check for federal criminal lawyer near me.
Illegal Kickbacks in Healthcare
Healthcare fraud is, in short, when a provider charges patients or insurance companies incorrectly for the purpose of profit. A few examples of the actions that have been uncovered include the following:
- Some providers charge for more expensive services than the patient actually received.
- Some procedures require multiple steps to complete. These steps are supposed to bundle together and charged as one procedure. Some providers, however, make a practice of breaking the process down and charging for each individual step to increase profits.
- At times, some providers might send their patient a bill for a procedure or visit that insurance already covered.
- Billing non-covered services as services that insurance does cover is another version of fraud. For instance, if a patient goes in for elective plastic surgery, the majority of insurance companies will not pay. However, if the surgeon bills it as a medical necessity, such as fixing sinus issues or a deviated issue, insurance will more than likely pay for it.
- Another illegal practice is billing patients or insurance companies for services that never occurred. A patient would likely catch this fraud more quickly than an insurance company, though, so insurance companies are victims of this the most.
- Even having patients go through tests and surgeries they do not need for the sake of profit has been reported.
Receiving illegal kickbacks is what occurs when a healthcare provider receives a payout for referring a patient to a specialist or surgeon that they do not need to see. The surgeon or specialist then makes money from billing for non-rendered or unnecessary services.
The Effects of Health Care Fraud and Illegal Kickbacks
Healthcare fraud is a very serious matter, just as accepting illegal kickbacks is. These actions cost taxpayers, the government, and patients money and resources. It also has the propensity to affecting a patient’s health and safety. Some specific costs of these crimes are:
- Patients have to pay higher premiums and more out-of-pocket expenses. Often, these patients cannot afford these additional expenses. Therefore, they may not get the medical attention they need.
- On an even more serious note, sending patients for and performing unnecessary surgeries on patients can lead to illness, injury, and even death.
- The majority of insurance companies have a maximum amount of benefits that the insured can receive each year. When that limit is met, the patient is responsible for their own expenses. If someone bills for unnecessary charges and a patient’s insurance coverage cap off due to health care fraud, the coverage is not there when they need it.
- As insurance coverage decreases, the number of citizens applying for welfare increases. Those that have a difficult time currently paying for insurance will only have a more difficult time as they cannot pay for their care. It will be necessary for them to apply for assistance.
- As the nation’s spending on health care increases, investigations begin to determine why there is such an increase.
The Penalties
Due to the effects it has on the country as a whole,HIPAA declared healthcare fraud a federal crime, and it comes with some pretty stiff penalties. If one is found guilty, a participant can face both prison time and hefty fines that vary according to the severity of the offense.
- Healthcare fraud itself- with no extra charges – brings with it prison time up to 10 years as well as fines.
- If a patient is injured due to the fraud, such as by getting treatment they do not need or suffering for the treatment they could not receive, those punishments double.
- If a patient dies due to the fraudulent act, i.e. surgeries that were not required, the punishment is as much as life in prison.
With such serious consequences, it is no wonder that the government wants to eradicate the issue.
LibertyBell Law is On Your Side
If you stand accused of committing healthcare fraud or accepting illegal kickbacks in Los Angeles, California, it is important to take the matter seriously. You should prepare to obtain a federal criminal attorney Los Angeles as soon as you are made aware of an existing or building case.
LibertyBell Law has a strong team of attorneys that can help you through this process. We are experienced in major criminal cases and dedicated to defending our clients’ civil liberties. Protecting and representing you prior to and throughout your trial is our specialty.
Your reputation and freedom are in the balance. At such a serious time, the people you choose to stand beside you could mean the difference between freedom and imprisonment. You need an experienced Los Angeles criminal defense attorney to help you write the ending of your story.
Trial preparation is a vital step toward victory and should begin as soon as possible. We here at LibertyBell Law are ready, willing, and prepared to get you through this difficult time. Do not hesitate to give us a call so that we can begin building your defense immediately.
If you have any questions or concerns about healthcare fraud and illegal kickbacks or have experience with this issue, please comment below.
