Federal Criminal Charges

Can the Government Take My Home to Collect Restitution in Federal Criminal Case?

Published on: April 14, 2021 | by Patrick Barone

In most situations the answer is no, but the most complete answer is “it depends.” First, it is important to know that restitution is different from fines and costs. Fines are defined by statute and meant to be punitive. For example, if you were convicted of prescription fraud under 18 USC § 841, you could be fined up to $10,000,000. Costs are generally discretionary and are meant to reimburse the government for the expenses involved in prosecuting you. Both fines and costs are paid to the government.

Restitution on the other hand is meant to restore the victims of the crime to the place where they stood before the crime was committed. The legal phrase for this is to make the victim “whole.” Generally, the purpose of restitution is to compensate a person who, because of the criminal activity, suffers physical injury or property loss. These losses may be proximally caused and are payable to the victim if you have been convicted of a qualifying offense.

Like fines, restitution in federal criminal cases is most often set forth in statutes. Examples of federal crimes where restitution would be ordered include crimes of violence crimes of fraud, and federal crimes involving child exploitation and child pornography. See 18 U.S. Code § 3663A. In these instances, the court is required to order restitution.

Federal Prescription Drug Fraud Lawyer Discusses Prescription Fraud

Published on: April 5, 2021 | by Ryan Ballard

Patrick Barone and Keith Corbett Federal Criminal Defense Lawyers The best way to understand federal prescription fraud is to look at a case where this has happened. For example, the United States Department of Justice and the State of New York recently announced an indictment on federal health care fraud charges on a licensed pharmacist and business owner in New York.

The basic allegations are that the pharmacy owner paid off customers (in other words, provided kickbacks) to fill fake prescriptions at his pharmacy. The pharmacy would then bill the prescriptions to Medicaid and Medicare.

However, the government alleges that the prescriptions drugs were never actually given to the customers. Alternatively, that drugs of lesser value were given, and that it was a scheme to fraudulently get reimbursed by Medicaid and Medicare.

How Long Can I Be Held on a Federal Complaint and Warrant?

Published on: March 23, 2021 | by Patrick Barone

Once you have been arrested on a Federal Complaint and Warrant, the government must hold a preliminary exam with 14-21 days unless you consent, and good cause is shown. Otherwise, the rules require that you be released. However, you can only be held on a complaint. You cannot be prosecuted further on a complaint and warrant. To prosecute you further, the government must either file an information or obtain an indictment.

To better understand this, it is helpful to consider that when the government believes that you have committed a felony over which the federal courts have jurisdiction, the prosecution for this crime may be initiated by the government in one of three ways. The most common of the three is the criminal indictment. However, in certain circumstances, the government may determine that there is a need to forgo the grand jury and instead will prepare and file a complaint. This procedure is governed by Rules 3-5.1 of the Federal Rules of Criminal Procedure.

A complaint, and the necessary probable cause to support it, may be based in whole or in part on hearsay. According to Rule 3 of the Federal Rules of Criminal Procedure, a complaint must contain the essential facts of the crime alleged, and must be presented to a magistrate judge, under oath. Rule 4 of the Federal Rules of Criminal Procedure provides that, in reviewing the warrant and deciding whether to issue an arrest warrant, the magistrate judge must determine whether the complaint establishes probable cause to believe 2 things; first that the crime alleged has been committed and that second that the defendant committed it.

Executive Order May Limit Due Process in Student Sexual Misconduct Cases

Published on: March 12, 2021 | by Patrick Barone

President Biden recently signed an executive order seeking to have the rules applicable to sexual misconduct cases reviewed. Previously, President Trump had increased the due process of rights of the accused, bringing them more in line with the constitutional rights afforded those accused of sexual assault crimes in state and federal courts.

What Happens if a Student is a Victim of Sexual Assault?

If a college student believes that they have been sexually assaulted and want to bring the perpetrator to justice, they have many choices. They can go to the police just as with any other crime. Alternatively, they can report it their school. Or they can do both. Or they can have both done for them. Much of this will depend on the particular school involved.

How is Restitution Calculated in Child Pornography Cases?

Published on: February 25, 2021 | by Patrick Barone

If you have been charged with a violation under Chapter 110 of the United States code for possessing, receiving, distributing, or producing child pornography, then pursuant to 18 USC 18 U.S. Code § 2259, you are likely to be ordered to pay restitution to the victims of the crime. The term “victim” refers to the individual who is harmed because of the child pornography related crime.

As a general concept, the purpose of restitution in a criminal case is two-fold. Firstly, restitution is intended to make a person “whole” meaning reimburse them directly for losses suffered because of the crime committed. Secondly, restitution has a punitive function, it is intended to punish the wrongdoer for the crime.

If the crime involved the trafficking of child pornography, which in this context means a violation of 18 USC 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g), then the specific law cited above applies. Under this law, the court is required to determine the full amount of losses that were actually incurred or that could be “reasonably projected.” Then, after this calculation, the court is required to order restitution in an amount that reflects the defendant’s “relative role” in causing the victims loses. The minimum amount that must be ordered $3,000.

Keith Corbett to Focus on Defense of Federal Financial Fraud Crimes

Published on: February 12, 2019 | by Patrick Barone

Keith Corbett to Focus on Defense of Federal Financial Fraud Crimes
Effectively immediately, Keith Corbett, Senior Trial Lawyer at the Barone Defense Firm, will be focusing his practice on the Federal defense of complex financial crimes, including, prescription fraud, billing fraud and Medicare fraud. He will also continue to handle other matters at the Firm, such as the defense of intoxicated driving cases and other state crimes.

Prior to joining the Barone Defense Firm in 2013, Keith had a long career as a prosecutor which began at the State Court level with the Oakland County Prosecuting Attorney‘s office in 1974. However, much of Keith’s wide breadth of knowledge and experience was gained in the Federal Courts while prosecuting the major organized crime families in Detroit. These prosecutions were most often based on various proven violations of the Racketeer Influenced and Corrupt Organizations Act of 1980, also known simply as the RICO Act. This Act defines and sets forth various kinds of prohibited activity and is most often applicable when such activity is performed as part of an ongoing criminal organization. The act also provides for criminal penalties. Among other things, RICO allows for the prosecution of leaders for crimes they ordered others to do, such as murder or other unlawful activities related to the criminal syndicate, such as various financial crimes.

During his tenure with the U.S. Attorney’s Organized Crime Unit, Keith was involved in the prosecutions of 17 members and associates of the Detroit La Cosa Nostra (LCN), and some of the most well-known figure federal criminal lawyer s involved in Detroit’s organized crime, including the Zerilli, Tocco, and Beckham families.