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This month, the Fourth Circuit issued its decision in United States v. Elbaz, 52 F.4th 593 (4th Cir. 2022) on rehearing. The Fourth Circuit clarified that the federal wire fraud statute does not apply extraterritorially, but that the use of United States wires to conduct foreign fraud can justify U.S. prosecution. This has ramifications for digital fraud and for venue
Last month the United States Court of Appeals for the Third Circuit (overseeing district courts in Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Island), took the extraordinary step of overturning a federal white-collar money laundering conviction. In doing so, the court limited the government’s ability to simply tack on § 1956 money laundering to major fraud cases. The case, United
PPP Loan Fraud Investigations If you or your business are under investigation for, or have been charged with, alleged fraud involving the United States Small Business Administration (SBA) Paycheck Protection Program (PPP), you need the skilled, experienced PPP Loan Fraud defense attorneys of Burnham and Gorokhov, PLLC, representing you as soon as possible. What Is the PPP? In late March
On Tuesday, October 11, 2022, the Court of Appeals for the District of Columbia Circuit, decided United States v. Curtis Jenkins, limiting the available rationale for compassionate release under the First Step Act (FSA). The court found that compassionate release was not available where substantial changes in the law radically reduced the sentence a defendant would face if he had
Mr. Meek is unaware of what allegations anonymous sources are making about his possession of classified documents. If such documents exist, as claimed, this would be within the scope of Mr. Meek’s long career as an investigative journalist covering government wrongdoing. Press inquiries on this issue are troubling for a different reason: they appear to be based on statements from
After careful consideration, we have filed a notice on behalf of our client, former Assistant Attorney General Jeffrey Clark, to “remove” (transfer) his 2020 presidential election-related case currently pending before the DC Board of Professional Responsibility to the US District Court for the District of Columbia. Mr. Clark is in front of the DC Bar’s Board because the head of
As we have detailed in prior posts, the DOJ is stepping up efforts to investigate and charge individuals with Paycheck Protection program (“PPP”) fraud. The New York Times reported in August of this year that “[t]here are currently 500 people working on pandemic-fraud cases across the offices of 21 inspectors general, plus investigators from the FBI, the Secret Service, the
Last week, the government asked for—and the Fourth Circuit granted—a voluntary remand in United States v. Scott, No. 21-4532 (4th Cir. Sep. 23, 2022). Ten years ago, Mr. Scott was tried and convicted on multiple counts and sentenced to 100 years imprisonment. His sentence was so long because he was convicted of four firearm offenses under 18 U.S.C. § 924(c). This
The purpose of what lawyers refer to as a “privilege log” is specifically to identify claims of privilege while avoiding disclosing the substance of client materials to the prying eyes of those who, like the January 6 committee, seek to undermine the attorney-client relationship. Judge Carter found Dr. Eastman’s privilege logs perfectly adequate to dismiss a majority of the January
Last month, the Office of Foreign Asset Control (OFAC) placed sanctions on the cryptocurrency mixer “Tornado Cash” and associated wallets. This is part of a larger government effort to crack down on cryptocurrency money laundering and could raise additional avenues of criminal liability for those who use crypto currency in relation to other illegal activities. Not only will defendants be
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