Burnham & Gorokhov, PLLC

12/01/2022

How Can Healthcare Professionals Defend Themselves from Controlled Substances Act Charges?

In recent years, there has been increasing news coverage regarding the “opioid epidemic,” alleged “pill mills” and unscrupulous providers. This has increased the risk that well-meaning providers to be charged under the Controlled Substances Act for prescribing more than guidelines would recommend to, say, a patient suffering from intense pain who has developed a tolerance to lower doses.

In recent years, there has been increasing news coverage regarding the “opioid epidemic,” alleged “pill mills” and unscrupulous providers. This has incr

11/23/2022

www.burnhamgorokhov.com

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.

11/14/2022

Third Circuit Strikes Blow For Sensible White-Collar Money Laundering Decisions

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.

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 Islan

10/24/2022

D.C. Circuit Limits Avenues for Compassionate Release

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 not pled guilty.

On Tuesday, October 11, 2022, the Court of Appeals for the District of Columbia Circuit, decided United States v. Curtis Jenkins, limiting the available rationa

10/11/2022

Statement in Response to October 3, 2022 Filing by January 6 Committee in Eastman v. Thompson, et al.

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.

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 ma

10/07/2022

OFACts About Criminal Liability for Cryptocurrency

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.

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

10/04/2022

OFACts About Criminal Liability for Cryptocurrency

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.

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

09/29/2022

PPP Fraud Enforcement Policies Should Not Result in Disproportionate Sentences

The Biden Administration has announced that it will take tough measures against those accused of PPP fraud. President Biden announced a plan to name a Chief for Pandemic Relief Fraud, and called on Congress to provide enhanced resources and penalties. More recently, the DOJ announced that it has established a COVID 19 Strike Force to investigate and prosecute cases of PPP fraud.

The Biden Administration has announced that it will take tough measures against those accused of PPP fraud. President Biden announced a plan to name a Chief f

02/07/2022

Frequently Asked Questions: Business Email Compromise Schemes

What is a Business Email Compromise Scheme?

Business Email Compromise (BEC) schemes vary in their details and mechanics, but the gist of the scheme is that it is conducted by sending email targeting individuals or employees of companies, usually with the goal of fraudulently inducing the target to make a transfer of funds to an account or accounts controlled by the schemers.

What is a Business Email Compromise Scheme? Business Email Compromise (BEC) schemes vary in their details and mechanics, but the gist of the scheme is that i

01/25/2022

Burnham & Gorokhov welcomes Michael T. Collins

We are thrilled to announce that Michael T. Collins has joined our firm as an associate. Michael is a graduate of Duke Law School. Prior to joining B&G, Michael clerked for the Honorable Stephen S. Schwartz of the United States Court of Federal Claims, and served as a fellow at a prominent D.C. think tank. See Michael's bio here.

We are thrilled to announce that Michael T. Collins has joined our firm as an associate. Michael is a graduate of Duke Law School. Prior to joining B&G,

09/07/2021

Durable Medical Equipment (DME) Fraud

Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution.

Last year, the FBI and the US Department of Health and Human Services Office of the Inspector General broke up and prosecuted a DME Fraud scheme alleged to have caused more than $1 billion in Medicare losses.

What is Durable Medical Equipment Fraud? Under what statutes is it prosecuted?

Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution. Last year, the FBI and the US Department of Health

06/28/2021

Fourth Circuit Update: United States v. Moody

By Jonathan Knowles

Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law.

The case arose when police stopped a car at roughly 3:45 AM.

By Jonathan Knowles Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make

06/16/2021

The Scope of the Computer Fraud and Abuse Act After Van Buren

We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to access using a computer.

We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued it

05/21/2021

What Is Rodchenkov Anti-Doping Act of 2019?

The Rodchenkov Anti-Doping Act of 2019 is a new Federal statute designed to impose criminal penalties on those involved in international athletic doping conspiracies.

Introduced in the U.S. Senate in 2019 by Senator Sheldon Whitehouse, it aims to provide restitution for victims and to require the sharing of information with the U.S. Anti-Doping Agency.

The Rodchenkov Anti-Doping Act of 2019 is a new Federal statute designed to impose criminal penalties on those involved in international athletic doping conspir

04/21/2021

The Federal False Claims Act: Knowing Is Half the Battle

The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted.

The FCA was first enacted during the Civil War in order to combat defense contractor fraud.

The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted. The FCA was first enacted during the Civil Wa

03/04/2021

The Anti-Money Laundering Act of 2020 - AMLA Federal Lawyers in Washington DC

The Anti-Money Laundering Act of 2020 - AMLA Federal Lawyers in Washington DC

If you believe you or your business may be affected by some portion of the AMLA, contact one of our defense lawyers in Washington, DC.

03/04/2021

What Statutes Can Federal Prosecutors Use to Bring PPP Loan Fraud Cases? - Burnham & Gorokhov, PLLC

What Statutes Can Federal Prosecutors Use to Bring PPP Loan Fraud Cases? - Burnham & Gorokhov, PLLC

In this article, we discuss the statutes that federal prosecutors are most likely to use to charge individuals in cases related to fraud in connection with Paycheck Protection Program (PPP) loans. This is not an exhaustive review of all potential statutes that might apply, but rather addresses the s...

02/12/2021

The Hobbs Act: Federal Extortion Prosecution and the Color of Official Right - Burnham & Gorokhov, PLLC

The Hobbs Act: Federal Extortion Prosecution and the Color of Official Right - Burnham & Gorokhov, PLLC

Introduction: What Is The Hobbs Act? The Hobbs Act covers a wide range of criminal conduct. In this article, we focus on the application of the Hobbs act to cases of extortion under the color of official right. Originally intended as a weapon against labor racketeering, The Hobbs Act—codified at 1...

02/12/2021

Comments on Petitioner's Opening Supreme Court Brief in Van Buren v. United States - Burnham & Gorokhov, PLLC

Comments on Petitioner's Opening Supreme Court Brief in Van Buren v. United States - Burnham & Gorokhov, PLLC

We have previously covered the SCOTUS’s interesting decision to grant certiorari in Van Buren v. United States – a criminal case where the petitioner has appealed his conviction under the Computer Fraud and Abuse Act (CFAA). The case is potentially significant because the lower court’s interpr...

02/12/2021

Could I Be Prosecuted for Using Facebook at Work? Supreme Court to Decide. - Burnham & Gorokhov, PLLC

Could I Be Prosecuted for Using Facebook at Work? Supreme Court to Decide. - Burnham & Gorokhov, PLLC

In April 2020, the Supreme Court agreed to hear Van Buren v. United States. This case raises questions about what constitutes criminal “computer misuse” under 18 U.S.C. § 1030(a). The petitioner, Mr. Van Buren, was convicted under 18 U.S.C. § 1030(a) after accepting a loan in exchange for pers...

01/20/2021

Burnham & Gorokhov, PLLC updated their website address.

Burnham & Gorokhov, PLLC updated their website address.

11/26/2020

Happy Thanksgiving to all.

10/20/2020

Should I Talk to Law Enforcement Agents?

This video discusses what you should do if a federal agent contacts you, if that means that you are in trouble, the risks of talking to federal agents, and whether an attorney can help.

Understanding proffer sessions: https://www.facebook.com/watch/?v=330281158169794

To learn more about how to decide whether you should speak with federal agents, please visit our website: https://www.burnhamgorokhov.com/should-i-speak-to-the-fbi-or-other-federal-law-enforcement-a-simple-question-with-a-complex-answer/

The information provided in this video is provided for informational and advertising purposes only. The content of this video does not constitute professional legal advice or form an attorney-client relationship between Burnham & Gorokhov, PLLC, and any other person or entity. None of the content should be construed to suggest any result in your particular case. Each case is unique and must be evaluated on its own merits by a legal professional.

09/11/2020

5 Things You Need To Know About Federal Sentencing

This video discusses top 5 things you should know about federal sentencing. To learn more about federal sentencing, please visit our website: https://www.burnhamgorokhov.com/criminal-defense-resources/federal-sentencing/federal-sentencing-process

The information provided in this video is provided for informational and advertising purposes only. The content of this video does not constitute professional legal advice or form an attorney-client relationship between Burnham & Gorokhov, PLLC, and any other person or entity. None of the content should be construed to suggest any result in your particular case. Each case is unique and must be evaluated on its own merits by a legal professional.

09/01/2020

Understanding Proffer Agreements and Proffer Sessions

This video discusses proffer agreements and proffer sessions, including the provisions of a proffer agreement, preparation for proffer session, what to expect during a proffer session, and the strategy behind proffers. To learn more about proffer agreements and proffer sessions in federal criminal cases, please visit our website: https://www.burnhamgorokhov.com/criminal-defense-resources/white-collar-crimes/understanding-proffers-in-federal-and-white-collar-criminal-cases/

The information provided in this video is provided for informational and advertising purposes only. The content of this video does not constitute professional legal advice or form an attorney-client relationship between Burnham & Gorokhov, PLLC, and any other person or entity. None of the content should be construed to suggest any result in your particular case. Each case is unique and must be evaluated on its own merits by a legal professional.

08/28/2020

Target Letters - What to Do If You Receive One

This video discusses target letters in federal criminal investigations. Here we offer a basic overview of target letters: what they are, and what to do and not to do if you receive a target letter. To learn more about target letters, please visit our website: https://www.burnhamgorokhov.com/criminal-defense-resources/federal-criminal-process/target-letters-from-federal-law-enforcement

The information provided in this video is provided for informational and advertising purposes only. The content of this video does not constitute professional legal advice or form an attorney-client relationship between Burnham & Gorokhov, PLLC, and any other person or entity. None of the content should be construed to suggest any result in your particular case. Each case is unique and must be evaluated on its own merits by a legal professional.

07/15/2020

Paycheck Protection Program (PPP) Loan Prosecutions - Burnham & Gorokhov, PLLC

What you should know about "PPP Fraud":

https://www.burnhamgorokhov.com/criminal-defense-resources/paycheck-protection-program-ppp-loan-prosecutions/

Paycheck Protection Program (PPP) Loan Prosecutions, Defenses, and Penalties Businesses across the United States have received billions of dollars in aid through the Paycheck Protection Program (PPP). The Program is a part of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, legisl...

07/02/2020

Could I Be Prosecuted for Using Facebook at Work? Supreme Court to Decide. - Burnham & Gorokhov, PLLC

Read our post about an interesting cert grant by SCOTUS https://www.burnhamgorokhov.com/could-i-be-prosecuted-for-using-facebook-at-work-supreme-court-to-decide/

In April 2020, the Supreme Court agreed to hear Van Buren v. United States. This case raises questions about what constitutes criminal “computer misuse” under 18 U.S.C. § 1030(a). The petitioner, Mr. Van Buren, was convicted under 18 U.S.C. § 1030(a) after accepting a loan in exchange for pers...

06/12/2020

Getting out of Prison on Compassionate Release - Burnham & Gorokhov, PLLC

https://www.burnhamgorokhov.com/getting-prison-compassionate-release/

In 2018, Congress expanded the so-called “compassionate release” statute to allow inmates to petition their sentencing judges for reductions based on extraordinary circumstances. During the COVID-19 pandemic, the amended compassionate release statute probably saved the lives of many vulnerable i...

04/15/2020

A Novel Criminal Offense for the Novel Coronavirus: Hoarding and Price Gouging Under the Defense Production Act - Burnham & Gorokhov, PLLC

We discus the Department of Justice Hoarding and Price Gouging Task Force

Hoarding or charging excessive prices for precious medical supplies during a public health emergency can earn you social opprobrium but did you know it could send you to prison as well? In our capitalist society, we don’t normally think of such things as charging inflated prices as criminal matter...

04/01/2020

Frequently Asked Questions About Time Theft For Federal Employees and Contractors - Burnham & Gorokhov, PLLC

Frequently asked questions about time and attendance fraud http://www.burnhamgorokhov.com/legal-blog/frequently-asked-questions-about-time-and-attendance-fraud-for-federal-employees/

All your questions about time theft answered by experienced federal attorneys.

01/06/2020

Top 10 Baltimore-area trials to watch in 2020

https://www.baltimoresun.com/news/crime/bs-md-ci-cr-top-trials-2020-20200106-au54rjyk2zdunhj35wnlj7tm2i-story.html

The new year brings a number of high profile trials to the Baltimore area. Here's a look at the top trials of 2020.

05/06/2019

We enjoyed attending the White House Correspondents’ Dinner festivities

04/26/2019

How the case against Maria Butina began to crumble

Charles Burnham was quoted in a recent CNN.com article regarding the Maria Butina prosecution. Read the full article here: https://www.cnn.com/2019/04/25/politics/maria-butina-case/index.html

Prosecutors have recanted some allegations and already dropped one charge against her as part of a plea deal.

04/04/2019

We were pleased to sponsor the St. Patrick’s Day charity fundraiser at Rock Creek Mansion in Bethesda along with some other great businesses and families.

04/01/2019

Eugene Gorokhov on BBC

https://www.youtube.com/watch?v=zAWSIrZAnpI&feature=share

Recorded via ApowerREC (https://www.apowersoft.com/record-all-screen)

10/17/2017

Internal Investigations of Government Employees: Garrity and Kalkines Warnings - Burnham & Gorokhov, PLLC

http://www.burnhamgorokhov.com/internal-investigations-government-employees-garrity-kalkines-warnings/

If you work for a federal or a state agency, you may have heard of the terms “Garrity warning” and “Kalkines warning” thrown around at the workplace. These warnings are issued when the agency is conducting an internal investigation, and there is a possibility of criminal charges being filed. If you…

10/10/2017

In Sessions v. Dimaya, a divided Supreme Court considers the meaning of "crime of violence." - Burnham & Gorokhov, PLLC

http://www.burnhamgorokhov.com/sessions-v-dimaya-divided-supreme-court-considers-meaning-crime-violence/

Last year, the Supreme Court heard oral argument in Dimaya v. Lynch, which we covered in a previous blog post. To recap, Dimaya asked whether one part of the statutory definition of a “crime of violence” under 18 U.S.C. § 16(b) was unconstitutionally vague, in light of the Supreme Court’s earlier Jo...

09/15/2017

Guilty Pleas in Federal Criminal Cases: Frequently Asked Questions - Burnham & Gorokhov, PLLC

95% of federal criminal cases are disposed of via guilty pleas. In this article we explain guilty pleas in federal court and answer some of the common questions clients ask about the plea process: http://www.burnhamgorokhov.com/criminal-defense-resources/federal-criminal-process/guilty-pleas-federal-criminal-cases-frequently-asked-questions/

Guilty pleas and plea bargaining are an integral part of the federal criminal justice system. In 2003, approximately 95 percent of federal criminal charges were resolved through guilty pleas. That number has not significantly gone down over the years, and our own experience aligns with those numbers...

01/17/2017

Understanding Federal Criminal Discovery - Burnham & Gorokhov, PLLC

What does the word "discovery" mean in the legal context? And how does "discovery" work in federal criminal cases? In this latest blog article we explore federal criminal discovery.

What is criminal “discovery”? “Discovery” is a term used in the legal profession to refer to the process by which parties in litigation obtain information from each other. In civil cases, discovery is an extensive and robust process. Parties have the right to interrogatories, requests for admissions...