The United States Supreme Court established long ago that the United States Bankruptcy Code exists to provide a “fresh start” to those who seek relief under its provisions, where they can have “… a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.” Local Loan…
Share ThisIn 1986, Congress passed the Computer Fraud and Abuse Act (“CFAA”), 18 USC §1030, that defines both civil and criminal liability for “…[w]hoever . . . intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . . information.” 18 U.S.C. § 1030(a)(2). Last year, from a federal computer crime defense perspective, big changes…
Share ThisOur criminal justice system provides for the government to take property (real and personal) from individuals in a number of ways. For instance, monetary fines are established by statute as punishment alongside periods of incarceration. There are also forfeiture laws, which allow the taking of property even before any conviction has occurred. For more on…
Share ThisSchemes to take government money through nefarious means are far from new. Over 150 years ago, as the Civil War was raging in this country, Congress passed its initial landmark false claims law “…in the wake of a spate of frauds upon the government.” United States v. Bramblett, 348 U.S. 503, 504, 75 S. Ct. 504,…
Share ThisHealth care is an almost incomprehensibly big business in this country. According to the Centers for Medicare and Medicaid Services (CMS), spending in the U.S. health care industry accounts for almost a fifth (19.7%) of our Gross Domestic Product (GDP) with $4.1 Trillion (yes, trillion) spent in health care during the calendar year 2020 alone….
Share ThisAll physicians understand that practicing medicine in Texas today involves continuing, widespread governmental oversight at every level, including extensive regulation by the federal government through a variety of federal statutes. Failure to comply can have devastating results. Doctors, clinicians, hospital administrators, and others can face damage to their professional and personal reputations with even the…
Share ThisInternet prostitution is a very (VERY) lucrative enterprise here in Texas. Consider this: in 2019, criminal justice research studies estimated that 80% of the illegal prostitution industry in this country was conducted over the internet. Why? There are many reasons. Pimps and traffickers are reported to prefer online prostitution because it is harder for them…
Share ThisIn Texas, both the state and federal systems of criminal justice offer opportunities for individuals to be “diverted” from the standard route of conviction, sentencing, and imprisonment into any one of a number of alternatives. Collectively, these are called “diversion programs.” They are voluntary: the state cannot force anyone to participate in them. What is…
Share ThisOn September 1, 2019, prosecutors in the State of Texas were given greater power to charge and convict individuals based upon allegations of domestic violence when HB1661 became law. In the House Committee Report, lawmakers explained the purpose of the new legislation as follows: “It has been noted that prosecutors are unable to pursue charges…
Share ThisBack in 1996, our Dallas-Fort Worth metroplex was the first place in the country to use a widespread broadcasting alert to help find missing children in a system that has come to be known around the world as the “AMBER Alert System.” Today, phone notifications, flashing highway signs, and breaking news stories share information about…
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