Articles Posted in White Collar Crime

“press Releases” by Federal Prosecutors and the Loss of Objective Journalism
Kish Law LLC

Protests fill the streets around my office in Atlanta where I am a practicing criminal defense attorney who handles mostly federal cases.  While protestors are raising a much larger issue, I have my own protest: the loss of objective journalism in federal criminal cases when “reporters” merely parrot back whatever “press release” is issued by…

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What to Expect on Your First Day in Federal Court: A Short Explanation of the “initial Appearance” and the “arraignment”
Kish Law LLC

It was a bad day recently here in Atlanta when I learned that some clients had been indicted for some federal crimes, even though we have been trying for years to convince the prosecutors that no charges should be brought.  Sometimes, criminal defense lawyers fail to adequately explain their clients about  the process that happens…

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Federal Criminal Investigations: What You Should Do When the FBI Shows Up at Your Door
Kish Law LLC

This happened recently to someone in Atlanta, but it also takes place everywhere else in Georgia, Florida, Alabama, North Carolina and all over the country.  The FBI or some other federal criminal investigation unit shows up at someone’s front door, wanting to ask questions and possibly to get the person’s cooperation.  What did that person…

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Gotta Know When to Hold ’em, Know When to Fold ’em: Giving Defense Evidence to Prosecutors Before Indictment
Kish Law LLC

With apologies to the late great Kenny Rogers (who had a house not far from mine in Atlanta) ,  part of the federal criminal defense lawyer’s job is to decide whether or not he should turn over “good” defense evidence to a prosecutor BEFORE an indictment is issued in the hopes that no charges will…

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Securities Fraud in Atlanta and Elsewhere: Do Not “make” a Material False Statement
Kish Law LLC

As a criminal defense lawyer who handles matters in Atlanta and elsewhere, from time to time I represent individuals and companies who are investigated, or sometimes even prosecuted, for the very esoteric crime of “securities fraud.”  Reduced to the basics, the securities laws and regulations are well-intentioned rules designed to protect those fortunate to have…

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Three Kinds of Lies in Federal Criminal Cases
Kish Law LLC

I have often enjoy re-telling the old joke about how there are three kinds of lies: 1) Lies, 2) Damn Lies, and 3) Statistics.  Many of my federal criminal cases here in Atlanta and elsewhere involve one or more of these three types of “incorrect” information.  Some government witnesses tell little lies, while others tell…

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Atlanta Federal Criminal Case Involving Securities Fraud Finally Finished
Kish Law LLC

I just finished the Atlanta federal criminal securities fraud case that I have been working on for the past three and a half years.  After a two-day sentencing hearing, my client was given a sentence of 10 years in custody, along with being required to pay back around $1.4 million dollars to some investors. The…

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Criminal Defense Lawyers in Atlanta and Elsewhere Grapple With Unfair Sentencing Guidelines
Kish Law LLC

I’m working on a case with a very talented Atlanta-based criminal defense lawyer.  Our clients were accused of and later convicted for fraud involving several businesses.  These are a somewhat different type of white collar offense, for some of the crimes are what we call “securities fraud”, meaning fraudulent conduct relating to the offering or…

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Exactly What is “Honest Services Fraud” in Federal Court? Supreme Court Again Will Try to Answer in Case Involving Former VA Governor.
Kish Law LLC

One version of “white collar crime” that often winds in federal court is called “honest services fraud”.  The basic version of the crime is when someone (usually a person who works either for some large organization, like a business or government) engages in a “scheme to defraud” that is intended to deceive or cheat another and…

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