Burnham & Gorokhov, PLLC

Burnham & Gorokhov, PLLC Federal and white collar criminal defense attorneys located in Washington, DC.
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We represent clients involved in government investigations or facing criminal charges.

On November 2, 2023, Sam Bankman-Fried, the founder of the FTX cryptocurrency exchange was found guilty of fraud and mon...
11/13/2023

On November 2, 2023, Sam Bankman-Fried, the founder of the FTX cryptocurrency exchange was found guilty of fraud and money laundering. Federal prosecutors are alleging that he defrauded FTX customers out of upwards of $8 billion. In his ongoing coverage of the case, Law360's Phil Bantz spoke with Attorney Eugene Gorokhov regarding the sentencing implications of SBF's conviction.

On November 2, 2023, Sam Bankman-Fried, the founder of the FTX cryptocurrency exchange was found guilty of fraud and money laundering. Federal prosecutors are

Co-conspirator statements under Rule 801 of the Federal Rules of Evidence, governs hearsay and its exceptions in the U.S...
10/27/2023

Co-conspirator statements under Rule 801 of the Federal Rules of Evidence, governs hearsay and its exceptions in the U.S. legal system. Hearsay is considered a statement made outside of court that is offered in court to prove the truth of the matter asserted. Typically, hearsay is not admissible in court, but there are exceptions.

Co-conspirator statements under Rule 801 of the Federal Rules of Evidence, governs hearsay and its exceptions in the U.S. legal system. Hearsay is considered a

10/04/2023

Blockchain and crypto fraud attorney Eugene Gorokhov recently provided analysis for a Law360 article titled "What Crypto Attys Will Be Watching During The SBF Trial." The criminal trial of Sam Bankman-Fried (SBF), the founder of FTX, on seven charges of wire fraud and conspiracy, has started in the US District Court for the Southern District of New York.

Rule 801 of the Federal Rules of Evidence specifically deals with the definition of hearsay in the U.S. legal system. He...
09/28/2023

Rule 801 of the Federal Rules of Evidence specifically deals with the definition of hearsay in the U.S. legal system. Hearsay is a complex topic, and Rule 801 breaks down what constitutes hearsay and what does not. Here is a detailed look at the provisions within Rule 801:

Rule 801: Definitions That Apply to This Article; Exclusions from Hearsay

(a)

Rule 801 of the Federal Rules of Evidence specifically deals with the definition of hearsay in the U.S. legal system. Hearsay is a complex topic, and Rule 801 b

Let's consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rul...
09/28/2023

Let's consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rule 801(d)(2)(E), might come into play.

Let's consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rule 801(d)(2)(E), might come into play.

I am here today to surrender to an indictment that should never have been brought.  It represents a crossing of the Rubi...
08/23/2023

I am here today to surrender to an indictment that should never have been brought. It represents a crossing of the Rubicon for our country, implicating the fundamental First Amendment right to petition the government for redress of grievances.

I am here today to surrender to an indictment that should never have been brought. It represents a crossing of the Rubicon for our country, implicating the fu

Facing a federal criminal charge is an intimidating prospect, and the pivotal moment in such cases often is the issuance...
08/02/2023

Facing a federal criminal charge is an intimidating prospect, and the pivotal moment in such cases often is the issuance of a federal indictment. This article aims to provide a comprehensive understanding of federal indictments, shedding light on the process leading up to an indictment and the implications it holds for individuals involved in federal criminal defense cases.

Facing a federal criminal charge is an intimidating prospect, and the pivotal moment in such cases often is the issuance of a federal indictment. This article a

There are various reasons why someone might be under federal investigation. It's important to note that this answer prov...
07/10/2023

There are various reasons why someone might be under federal investigation. It's important to note that this answer provides a general overview, and specific cases can vary widely in terms of their circumstances and the laws involved.

There are various reasons why someone might be under federal investigation. It's important to note that this answer provides a general overview, and specific c

One common difficulty for defendants in criminal trials is fending off relevance objections from the government during c...
06/23/2023

One common difficulty for defendants in criminal trials is fending off relevance objections from the government during cross-examination. If a judge is not aware of all elements of the defense strategy, the judge may erroneously sustain these objections because he or she simply doesn't understand where the questioning is going.

One common difficulty for defendants in criminal trials is fending off relevance objections from the government during cross-examination. If a judge is not aw

A "reverse proffer" is a term used in criminal law, specifically in the context of plea bargaining.Usually, a proffer se...
06/23/2023

A "reverse proffer" is a term used in criminal law, specifically in the context of plea bargaining.

Usually, a proffer session is a meeting between the prosecution and the defense during which the defense offers information in exchange for some sort of leniency or concession in the case. The idea is to "proffer" or offer up some kind of valuable information or evidence to the prosecution.

A "reverse proffer" is a term used in criminal law, specifically in the context of plea bargaining. Usually, a proffer session is a meeting between the pro

A target letter is typically sent by federal prosecutors to individuals who are the target of a grand jury investigation...
06/22/2023

A target letter is typically sent by federal prosecutors to individuals who are the target of a grand jury investigation. A target, per the U.S. Attorneys Manual, is “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.”

A target letter is typically sent by federal prosecutors to individuals who are the target of a grand jury investigation. A target, per the U.S. Attorneys Manua

The DOJ has sent a clear message on PPP fraud. Read more about the recent developments in prosecuting those who have com...
04/12/2023

The DOJ has sent a clear message on PPP fraud. Read more about the recent developments in prosecuting those who have committed fraud related to Paycheck Protection Program loans.

A man from Virginia has been convicted for committing multimillion-dollar fraud in the COVID-19 relief programs. The U.S. Department of Justice (DOJ) announced

03/21/2023

Attention small business owners! Have you heard about PPP fraud? This illegal practice is becoming more and more common in the United States, and it could put your business at risk. But don't worry, Burnham Gorokhov has you covered with this informative article on how to recognize and prevent PPP fraud. Read it now and share with your fellow entrepreneurs...

Mishandling classified document offenses is a serious crime that can carry severe penalties. These offenses are defined ...
01/25/2023

Mishandling classified document offenses is a serious crime that can carry severe penalties. These offenses are defined by a variety of statutes, including 18 USC § 783(b), 18 USC § 793(e), 18 USC § 952, and 18 USC § 1924.

18 USC § 783(b) deals with the receipt of classified information by foreigners and their agents.

Mishandling classified document offenses is a serious crime that can carry severe penalties. These offenses are defined by a variety of statutes, including 18 U

Does an Office of Inspector General Have Search Warrant Authority? If you are a Federal employee who has become aware th...
01/23/2023

Does an Office of Inspector General Have Search Warrant Authority?

If you are a Federal employee who has become aware that you or your workplace are under investigation by an Office of Inspector General (OIG), you probably have many questions. What authority do they have? Can they issue search warrants?

Does an Office of Inspector General Have Search Warrant Authority? If you are a Federal employee who has become aware that you or your workplace are under

The issue of criminal charges relating to cryptocurrency has been brought to the forefront by the recent arrest of Samue...
01/06/2023

The issue of criminal charges relating to cryptocurrency has been brought to the forefront by the recent arrest of Samuel Bankman-Fried, founder of cryptocurrency exchange FTX, in the Bahamas on charges including multiple forms of fraud and the conspiracy to commit fraud, campaign finance charges, and money laundering.

The issue of criminal charges relating to cryptocurrency has been brought to the forefront by the recent arrest of Samuel Bankman-Fried, founder of cryptocurren

Aggressive Investigations Require Proactive DefenseAt the end of September 2022, the Department of Justice (DOJ) launche...
12/12/2022

Aggressive Investigations Require Proactive Defense

At the end of September 2022, the Department of Justice (DOJ) launched “Strike Force Teams” to investigate and prosecute Paycheck Protection Program (PPP) loan fraud. Of the $800 billion distributed through the PPP, some estimate that $100 billion could have been fraudulently spent or obtained.

Aggressive Investigations Require Proactive Defense At the end of September 2022, the Department of Justice (DOJ) launched “Strike Force Teams” to invest

In recent years, there has been increasing news coverage regarding the “opioid epidemic,” alleged “pill mills” and unscr...
12/01/2022

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

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.

Last month the United States Court of Appeals for the Third Circuit (overseeing district courts in Pennsylvania, New Jer...
11/14/2022

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

On Tuesday, October 11, 2022, the Court of Appeals for the District of Columbia Circuit, decided United States v. Curtis...
10/24/2022

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

The purpose of what lawyers refer to as a "privilege log" is specifically to identify claims of privilege while avoiding...
10/11/2022

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

Last month, the Office of Foreign Asset Control (OFAC) placed sanctions on the cryptocurrency mixer “Tornado Cash” and a...
10/07/2022

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

The Biden Administration has announced that it will take tough measures against those accused of PPP fraud.  President B...
09/29/2022

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

What is a Business Email Compromise Scheme?Business Email Compromise (BEC) schemes vary in their details and mechanics, ...
02/07/2022

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

We are thrilled to announce that Michael T. Collins has joined our firm as an associate.  Michael is a graduate of Duke ...
01/25/2022

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,

Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution.Last year, the FBI...
09/07/2021

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

By Jonathan KnowlesLast Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Mood...
06/28/2021

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

We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On J...
06/16/2021

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

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Legal representation in white collar cases and government investigations.

We have handled cases and investigations involving money laundering, income tax offenses, Foreign Corrup Practices Act, Espionage, RICO and many other federal laws.

We have extricated clients from criminal investigations by the FBI State Department, DEA, SEC, various Inspectors General, and many othe federal agencies. We have also represented employees involved in corporate internal investigations.

Many of our cases are in the DC and Baltimore metro areas but we have also appeared before courts or U.S. Attorney offices in: Western District of Michigan, District of New Jersey, Southern District of Nework, EDVA Richmond Division, EDVA Norfolk Division, Western District of Virginia, Western District of North Carolina; Tenth Circuit Court of Appeals, Eleventh Circuit Court of Appeals, District of Kansas, District of Utah, Southern District of Texas.

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