In its most basic form, health care fraud consists of (1) billing for services that were not actually provided; (2) billing for a particular service when a different service was provided; or (3) knowingly misrepresenting that a claim is eligible for reimbursement under a government health care program or private insurance. .. In an effort to fight …
IRS Criminal Investigations for Tax Fraud
Tax fraud occurs when a taxpayer willfully falsifies information on a tax return to limit their tax liability. This can occur in many forms. Under-reporting or omitting income, overestimating expenses or deductions, failing to collect employment taxes, violating employer holding requirements, or making false statements to government officials can all trigger a criminal investigation by …
Do Drug Dogs Really Find Drugs?
Drug dogs are trained to alert to the odor of narcotics. This means that a properly-trained drug dog may alert to the odor of narcotics without narcotics being present. This is problematic for many reasons, most importantly because the improper use of drug dogs may violate a citizen’s fourth amendment right when being used by …
Can I File a Title IX Lawsuit When My Rights Have Been Violated?
Title IX lawsuits are on the rise. Lawsuits are being filed by both the accused and the alleged victims claiming schools are failing to protect their rights. A recent article published in the ABA Journal discussed the reason for the increase in the lawsuits. Many young men and their parents feel that during Title IX …
What Should I do if I am Falsely Accused of Sexual Assault on a College Campus?
Sexual assault allegations are taken seriously by both law enforcement and university administrators. The consequences for the accused are severe. Students accused of sexual assault face administrative punishments such as suspension and expulsion but more importantly the parallel criminal proceeding could result in a felony conviction, prison time, and placement on the sex-offender registry. Unlike …
Rory Berry Joins Berry Law as Chief Operating Officer (COO)
Berry Law is proud to announce the addition of Rory Berry, who will serve as the firm’s Chief Operating Officer (COO). Tasked with overseeing the daily operations of the firm, Rory Berry will act as a source of both guidance and support for staff and attorneys. Rory was raised in Lincoln and has returned home …
Can My Social Media Affect My Criminal Case?
Over the last decade, the advancements in technology have changed how we connect with one another. Social media platforms such as Facebook, Instagram, Twitter, and Snapchat have transformed how we share our lives with others. Through these platforms, any user, whether an individual, corporation, organ of government, or group can share information. On Facebook alone, …
Terroristic Threats Emerging From the NCAA Tournament
Omaha basketball official John Higgins has received hundreds of threats from fans furious over his calls during an NCAA men’s basketball tournament game between Kentucky and North Carolina on March 26. After several death threats were allegedly received via email and voice mail, the Sarpy county sheriff’s office in Nebraska opened an investigation. Some people …
What are Abraham Factors?
Abraham factors are sentencing factors federal courts have recently used to sentence criminal defendants convicted of child pornography offenses. The courts originally used 18 USCS Appx § 2G2.2 to determine sentencing for child porn cases, but these guidelines were not based on expertise or careful study of empirical data. This often resulted in sentencing exceeding …
Common Questions About Appeals
What Happens When I Appeal a Criminal Case? A person convicted of a crime has the right to appeal. This means if you are convicted of a crime, you have the right to ask a higher court to review the lower court’s ruling. The first appeal in a criminal case is known as a “direct …
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