Justia White Collar Crime Opinion Summaries

Chang Goo Yoon, a licensed physical therapist operating clinics in Massachusetts, engaged in a scheme over four years to submit more than one million dollars in fraudulent claims to private health insurers, including Blue Cross Blue Shield and Aetna, for services he did not actually provide. He fabricated treatment notes, sometimes under another provider's name, and submitted false personal injury claims to his own car insurer, MAPFRE. Yoon manipulated patient addresses to ensure reimbursement checks were sent directly to him, avoiding detection by patients. His fraudulent conduct was eventually uncovered, and a jury convicted him on two counts of health care fraud, with Count One involving Blue Cross and Aetna, and Count Two concerning MAPFRE.The United States District Court for the District of Massachusetts presided over the trial. Before trial, Yoon moved to exclude evidence related to insurance company investigations into his billing, including a 2015 Blue Cross investigation and a 2007 Colorado licensing investigation. The district court limited the evidence to Yoon’s knowledge of the investigations, excluding their outcomes. The court also redacted key documents and provided limiting instructions to the jury. At trial, witnesses testified about insurance procedures and Yoon’s billing practices. Yoon challenged the admissibility of this evidence, as well as testimony from insurance investigators, arguing it was unduly prejudicial and improperly admitted.The United States Court of Appeals for the First Circuit reviewed Yoon’s appeal. The court affirmed the district court’s evidentiary rulings, holding that evidence of Yoon’s knowledge of prior investigations was highly probative of his specific intent and not unduly prejudicial given the safeguards imposed. The court also affirmed the application of two sentencing enhancements: one for intended loss based on the total amount billed, and another for abuse of a position of trust, finding both were supported by the record and correctly applied. Yoon’s conviction and sentence were affirmed. View "United States v. Yoon" on Justia Law

The defendant was charged with several offenses arising from a scheme in which he and others conspired to commit wire fraud by deceiving businesses into transferring funds to accounts they controlled. The conspirators, operating from Nigeria and Saudi Arabia, used phishing emails containing malware to access business computers and steal money. The government linked the defendant to the conspiracy using evidence including overlapping social media handles, email accounts, IP addresses, and testimony connecting his online activity to fraud-related accounts. The government also introduced evidence that one company suffered financial losses and response costs due to the crimes.A grand jury indicted the defendant and his co-conspirators, but only the defendant proceeded to trial in the United States District Court for the Eastern District of Virginia. During jury selection, a prospective juror mentioned familiarity with the defendant and the case due to his work in cybersecurity. The court struck this juror for cause and repeatedly instructed the panel on impartiality. The jury convicted the defendant on all counts, including sentencing enhancements. The defendant moved for acquittal and a new trial, arguing that the prospective juror’s comments affected jury impartiality and that the evidence was insufficient to connect him to the scheme or to establish the necessary $5,000 loss for an enhanced sentence. The district court denied these motions and sentenced the defendant to 120 months’ imprisonment.On appeal, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a new trial, finding no prejudicial error in the jury selection process and holding that there was sufficient evidence linking the defendant to the fraud. However, the appellate court reversed the sentencing enhancement for intentional damage to a protected computer, concluding that the government failed to prove $5,000 in qualifying losses as required by statute. The case was remanded for resentencing consistent with this opinion. View "United States v. Umeti" on Justia Law

Javier Hernandez was a participant in a transnational criminal operation that smuggled Cuban migrants into Mexico for eventual entry into the United States. His primary role involved stealing boats from Southwest Florida, which he delivered to co-conspirators in Mexico. These vessels were used to transport migrants from Cuba or were sold to support the smuggling enterprise, including bribing law enforcement. Hernandez also transported stolen vehicles to Mexico for similar purposes. He was compensated for each delivery and admitted to earning substantial profits from these activities.Federal authorities identified Hernandez through investigative techniques including cell-site location tracking and the recovery of his cell phone, which had been seized by Mexican authorities. The government obtained and executed a warrant to search his phone, extracting relevant data. After initial technical difficulties, a second extraction was performed after the warrant’s nominal expiration date but while the phone was still in government custody. Hernandez was indicted in the United States District Court for the Southern District of Florida on five counts, including conspiracy to encourage unlawful entry, transportation of stolen vessels, trafficking in vehicles with altered VINs, and money laundering. He moved to suppress the evidence from the second extraction, but the district court denied the motion, applied several sentencing enhancements, and imposed a sentence of ninety-five months.On appeal, the United States Court of Appeals for the Eleventh Circuit held that the second extraction did not violate Federal Rule of Criminal Procedure 41 or the Fourth Amendment, as Rule 41(e)(2)(B) allows for off-site copying and review of electronic information after the warrant period. The court also found that even if there were a procedural violation, suppression would not be warranted due to the agents’ good faith and lack of prejudice. The court determined that the evidence was sufficient to sustain all convictions and found no reversible error in the sentencing calculations or guideline enhancements. The Eleventh Circuit affirmed the district court’s judgment. View "USA v. Hernandez" on Justia Law

The case centers on an individual who immigrated to the United States and became involved in a transnational drug trafficking and money laundering conspiracy. His role was to travel across the country collecting large sums of drug proceeds, which he then laundered through a business that purchased used cell phones. These phones were sent to a contact in China as payment for precursor chemicals vital to the drug operation. During one such trip, law enforcement observed him receiving nearly $200,000 in cash and, upon stopping his vehicle, discovered an unloaded firearm and loaded magazine in the van. He admitted to bringing the gun for protection due to the large sums of money he was transporting.He was convicted of money laundering and conspiracy to launder money in the United States District Court for the Eastern District of Kentucky, receiving a 90-month prison sentence and three years of supervised release. His conviction and sentence were affirmed on appeal. While his appeal was pending, the U.S. Sentencing Commission amended the Guidelines to allow certain first-time offenders a two-level reduction in offense level, with exceptions including possession of a firearm “in connection with” the offense. He moved for a sentence reduction under the new provision, but the district court denied the request, finding his possession of the firearm during the offense made him ineligible.The United States Court of Appeals for the Sixth Circuit reviewed the district court’s denial. The appellate court held that the “in connection with” language should be interpreted broadly and that the close proximity of the firearm to the drug proceeds, along with the defendant’s own admission that the gun was for protection during his criminal activity, established the necessary nexus. The court affirmed the district court’s decision, finding no error in deeming him ineligible for the reduced sentence. View "United States v. Tajwar" on Justia Law

The defendant orchestrated a fraudulent scheme to secure loans and investments, ostensibly to finance a truck stop in Deming, New Mexico. The operation involved multiple domestic and foreign corporations, and the defendant concealed his control and financial interest in the truck stop using aliases and shell companies. Funds obtained through fraud were not used as promised, and the defendant misled lenders and investors regarding his identity and financial history. The scheme also involved directing loan proceeds to offshore accounts beneficially owned by his girlfriend, and leveraging personal relationships to facilitate aspects of the fraud.The United States District Court for the District of New Mexico presided over a jury trial in which the defendant was convicted of bank fraud, wire fraud, and conspiracy to commit bank, mail, and wire fraud. The district court admitted evidence showing the defendant’s control over the scheme, including his direction of a confederate to engage in a sham marriage, his ties and travel to Central American countries, and the distribution of loan proceeds to an offshore company owned by his girlfriend. The court sentenced the defendant to 210 months’ imprisonment, applying enhancements for being a leader of extensive criminal activity and for employing sophisticated means.The United States Court of Appeals for the Tenth Circuit reviewed the conviction and sentence. The court rejected the defendant’s challenges to the district court’s evidentiary rulings, finding no abuse of discretion in admitting evidence of control, foreign ties, and financial distributions. The court affirmed the application of guideline enhancements for leadership and sophisticated means, and found the sentence substantively reasonable despite disparity with a codefendant, due to greater culpability and aggravating factors. The court affirmed the district court’s judgment and granted the defendant’s request to supplement the record. View "United States v. Beckner" on Justia Law

Christopher Carroll and Whiskey Dix Big Truck Repair, LLC (“WDBTR”) were charged with multiple offenses after Carroll, with an associate, falsely represented the use of Paycheck Protection Program (PPP) funds, which were instead used for personal expenses and to start WDBTR. Additional charges included tampering with Clean Air Act (CAA) monitoring devices on company trucks and witness tampering related to efforts to impede the investigation. Carroll’s prior parole status was relevant to the government’s allegation that he concealed this on the PPP application by omitting his name and submitting the application in his wife’s name.A United States Magistrate Judge recommended denying the defendants’ motion to dismiss the indictment, which argued that the grand jury had been improperly instructed to use a probable cause standard and that a higher standard should apply. The United States District Court for the Eastern District of Missouri adopted this recommendation, referencing Supreme Court precedent affirming probable cause as the standard for grand jury indictments. The district court also denied Carroll’s motion to exclude evidence of his prior conviction and parole status, determining it was relevant to Carroll’s intent to defraud and not unduly prejudicial. After trial, Carroll was convicted on multiple fraud, CAA, and witness tampering counts, and WDBTR was convicted on CAA charges.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed and affirmed the district court’s rulings. It held that the probable cause standard governs grand jury indictments, consistent with longstanding Supreme Court precedent. The court also found that the district court did not abuse its discretion in admitting evidence of Carroll’s parole status, as it was probative of intent and any error would have been harmless given the strength of the government’s case. The convictions and sentences were affirmed. View "United States v. Carroll" on Justia Law

A man was charged with one count of conspiracy to commit money laundering and seven counts of money laundering after opening numerous bank accounts and using them to launder millions of dollars in fraud proceeds for a group operating romance and business email scams. He also recruited and supervised a co-conspirator, helping that person set up a similar laundering operation. The laundered funds were ultimately sent to Africa. Following his arrest, the defendant attempted to cooperate with the government but did not enter into a plea agreement. At his first change-of-plea hearing, he hesitated and the hearing was postponed. At the second hearing, with two lawyers present, he pleaded guilty to all charges, affirming he did so knowingly and voluntarily.Before sentencing, the defendant’s bond was revoked after he was arrested for assaulting his girlfriend. While in custody, he moved to withdraw his guilty plea, alleging one of his lawyers coerced him into pleading guilty and that he was not aware of a co-conspirator’s cooperation with the government. The United States District Court for the Northern District of Georgia held an evidentiary hearing, found the attorneys credible and the defendant not credible, and denied the motion to withdraw the plea.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the denial of the motion to withdraw the guilty plea, the calculation of the loss amount, several sentencing enhancements, the denial of a reduction for acceptance of responsibility, and the substantive reasonableness of the 120-month sentence. The court held that the district court did not abuse its discretion in denying the motion to withdraw the plea, did not err in its application of sentencing enhancements and guidelines, and that the sentence imposed was substantively reasonable. The court affirmed the judgment. View "USA v. Mullings" on Justia Law

An individual who served as Executive Director of a local economic development authority in Virginia was indicted on thirty-four counts stemming from multiple fraudulent schemes. These included wire fraud, bank fraud, money laundering, and aggravated identity theft. The prosecution presented evidence that the defendant used forged documents and misrepresentations to divert public funds for personal gain. One scheme involved a $2 million wire transfer, where the defendant lied to both her employer and others, using another person’s identity to facilitate the movement of funds. The trial was repeatedly delayed due to health issues experienced by the defendant and her counsel, resulting in significant breaks and several motions for mistrial by the defense.The United States District Court for the Western District of Virginia presided over the trial, ultimately entering judgments of acquittal on four counts of bank fraud but allowing the remaining convictions to stand. The court denied the defendant’s motions for mistrial, a new trial, and to introduce certain grand jury testimony. After the jury returned guilty verdicts on the remaining counts, the defendant was sentenced accordingly. The defendant appealed, challenging the aggravated identity theft conviction, the handling of trial delays, evidentiary rulings, and a supplemental jury instruction given after closing arguments.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that, under Dubin v. United States, the aggravated identity theft conviction could not stand because the use of another’s identity was not at the “crux” of the predicate wire fraud offense. The court vacated the conviction and sentence on that count and remanded for resentencing. However, the Fourth Circuit affirmed the district court’s rulings on all other issues, including denial of a mistrial, exclusion of grand jury testimony, and the propriety of the additional jury instruction. View "United States v. McDonald" on Justia Law

Over a five-year period, the defendant participated in a conspiracy to manufacture and distribute 16.1 million counterfeit alprazolam pills, which were sold via the dark web and other channels. The pills imitated the appearance and markings of legitimate FDA-approved alprazolam, but often contained benzodiazepine-class substances that were not scheduled as controlled substances at the time. The defendant marketed these pills as indistinguishable from legitimate products, and received payment in cryptocurrencies.The United States District Court for the Eastern District of Kentucky accepted the defendant’s guilty plea to conspiracy and counterfeiting charges. During sentencing, the court adopted the government’s proposed method for calculating loss under § 2B1.1 of the Sentencing Guidelines, using the estimated street price of $2 per pill to determine a total loss amount of approximately $32 million. The court also applied enhancements for victim numerosity or mass-marketing and for conscious or reckless risk of death or serious bodily injury, resulting in a total offense level of 35. The defendant was sentenced to 90 months’ imprisonment. Both parties objected to the loss calculation and enhancements, but the court overruled the objections after a joint evidentiary hearing.On appeal, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s sentence. The appellate court held that the district court properly interpreted and applied Application Note 3(E)(v) of the Sentencing Guidelines, which requires loss to include the amount paid by end-users for misrepresented goods. It found no clear error in using the street price to calculate loss, nor in applying the enhancements for ten or more victims and for conscious or reckless risk of death or serious bodily injury. The sentence was affirmed in full. View "United States v. Wala" on Justia Law

GEICO and its subsidiaries brought a lawsuit in the United States District Court for the Eastern District of New York against Dr. Bhargav Patel and his medical practice, alleging that the defendants engaged in a scheme to defraud GEICO by manipulating New York’s no-fault automobile insurance system. GEICO claimed that from 2019 to 2023, defendants submitted approximately $3.4 million in reimbursement claims for treatments that were unnecessary, experimental, excessive, illusory, or not provided at all. These claims allegedly resulted from a fraudulent scheme involving kickbacks for patient referrals and the provision of services by unlicensed individuals or contractors.After GEICO initiated its federal action, the defendants responded by filing over 600 collection actions in New York state courts and arbitration tribunals, seeking recovery for disputed or denied claims totaling more than $2 million. GEICO, facing the prospect of fragmented litigation and the risk of inconsistent judgments, sought a preliminary injunction from the district court to stay all pending state and arbitration proceedings and to prevent the defendants from filing new collection actions until the federal court resolved the RICO claims. The district court granted the injunction, finding that GEICO had demonstrated irreparable harm, serious questions going to the merits, and a balance of hardships tipping in GEICO’s favor. The court also determined it had authority under the “in aid of jurisdiction” exception to the Anti-Injunction Act to enjoin the parallel proceedings.On appeal, the United States Court of Appeals for the Second Circuit reviewed the district court’s decision for abuse of discretion and found none. The appellate court held that the preliminary injunction was justified by the real risk of irreparable harm to GEICO posed by inconsistent judgments and the inability to fully adjudicate the alleged fraudulent scheme in piecemeal state actions. The Second Circuit further held, consistent with its recent precedent in State Farm Mutual Automobile Insurance Company v. Tri-Borough NY Medical Practice, P.C., that the injunction did not violate the Anti-Injunction Act because it was expressly authorized under RICO. The court affirmed the district court’s order. View "GEICO v. Patel" on Justia Law