By Andrea L. Moseley If you applied for pandemic relief funds and your business is in Virginia, you should be aware that civil and criminal fraud investigations and prosecutions are going to intensify in the Eastern District of Virginia (EDVA). Shown above, this...
Paycheck Protection Program Fraud: How will DoJ draw the line between civil and criminal enforcement?
By: Andrea Moseley Your company applied for money under the terms of the CARES Act: Are you at risk of facing scrutiny from DoJ because of your application? To understand the answer to this question, you must be aware of DoJ's fleet-footed approach to snuffing out...
Trends Emerge in the Defense and Prosecution of COVID-19 Related Fraud.
By Andrea L. Moseley As expected, fraud relating to the present COVID-19 pandemic is being prosecuted for the first time. These crimes of opportunity were predictable and the Department of Justice has come to the table, loaded for bear. Now, our white collar defense...
Scam PACs and COVID-19: Defending against allegations and prosecutions (Part 4)
By Andrea L. Moseley The time to raise our hands and cast a vote in the general election is just a few short months away. I am watching eagerly to see how DoJ proceeds with campaign election crime investigations and prosecutions arising from this election cycle. I...
Judge Sullivan Chooses Option #5 in the Michael Flynn Case
By Sara Kropf A few weeks ago, I suggested that there were four options for Judge Emmet Sullivan related to the government's motion to dismiss the charges against Michael Flynn. At the end of the post, a little tongue in cheek, I noted that “[m]aybe, in his wisdom,...
Scam PACs and COVID-19: Defending against allegations and prosecutions (Part 3)
by Andrea Moseley One of the most difficult things to do as a white-collar criminal defense attorney is defend a client against allegations in an area of the law that is vague. This is especially true when the prosecution of certain types of crime have little history...
Judge Sullivan Has Four Options for the Motion to Dismiss the Michael Flynn Charges – Which Is the Best One?
By Sara Kropf On May 7, 2020, the Department of Justice moved to dismiss the false statement charge against former Trump national security advisor Michael Flynn. This is a remarkable request for a couple of reasons. First, Flynn had already pleaded guilty to the...
Scam PACs and COVID-19: Defending against allegations and prosecutions (Part 2)
By Andrea Moseley Two weeks ago, I published the first installment in this blog series. This series focuses on parallels and differences between issues surrounding political fraud and COVID-19 fundraising fraud. In this series, I will continue to explore DoJ policies...
Can the Government Seek Forfeiture of a Criminal Defense Attorney’s Fees? (Part 2)
By Sara Kropf In Part 1 of this series, we outlined the standard that the Department of Justice follows to seek forfeiture of a criminal defense attorney’s fees. If DOJ seeks forfeiture of your fees, you could find out in the forfeiture count of an indictment against...
What Do Scam PACs and the Coronavirus Have in Common?
By Andrea Moseley Both scam political action committees and COVID-19 fundraising are currently rife with opportunities for fraud. These groups labeled “scam PACs” purportedly raise money for political causes but instead, direct the money they receive from donors...