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“White Collar Crime” is defined by the F.B.I. as “the full range of frauds committed by business and government professionals.” These crimes include bank fraud, health care fraud, false statements related to health care, embezzlement, and investment fraud.
Health care fraud includes Medicare fraud, Medicaid fraud, and private insurance related fraud, usually consisting of overbilling or a scheme to obtain funds illegally. Health care fraud can also include an individual’s attempt to obtain benefits to which he or she is not entitled.
Bank fraud encompasses a wide range of financial schemes that affect the banking system. These frauds include mortgage fraud, loan application fraud, and identity theft.
Embezzlement is obtaining property or money by deception when the defendant is in a position to exercise some control over the funds lawfully. Typically, this is a company employee or executive stealing from their employer. This crime is similar to theft by deception, except for the defendant’s status in relation to the victim.
Investment fraud is typically some type of Ponzi scheme fraud in which the defendant misrepresents how and where the funds are being invested when the funds are usually being diverted to other investors or to the defendant.
The M.C.R. law firm represents individuals in each of these areas. Representative Cases:
Mr. Rosenblat represented a defendant charged with an over $40 million health care fraud scheme. The defense was unable to reach a plea agreement, so the defendant pleaded guilty without a plea agreement and was sentenced to 144 months, more than 50% below the low end of the guidelines range, and restitution of $43.6 million. The government calculated the sentencing guidelines offense level at 39, 292-365 months.
A defendant was charged with bank fraud of over $550,000. The sentencing guidelines offense level was 22, 63-78 months. The defendant had 47 prior arrests. Through Mr. Rosenblat’s representation the defendant was sentenced to just 26 months.
In another health care fraud case, the defendant was charged with conspiracy and health care fraud. The defendant pleaded guilty and was sentenced to 7 months of home confinement, with permission to leave home for work. The sentencing guidelines range according to the government’s sentencing memorandum called for a 37-46 month sentence.
Mr. Rosenblat represented an individual charged in what the State described as “a Ponzi scheme in which over 300 investors lost over $10,000,000.” In this matter, the defendant was prosecuted by the Illinois Attorney General’s Financial Crimes Unit in both DuPage and Cook Counties. A DuPage County judge issued an arrest warrant for the defendant with a $2,000,000 cash bond. The bond was reduced to a $750,000 D-Bond after Mr. Rosenblat filed a motion to reduce the bond, and the defendant was released.
Mr. Rosenblat represented a healthcare provider being investigated for self-prescribing opioids—writing prescriptions to others with the controlled substances being given to the provider. The United States Attorney’s Office for the Northern District of Illinois agreed to a deferred prosecution. Additionally, there was no adverse action taken by the Illinois Department of Financial and Professional Regulations (IDFPR).
The M.C.R. law firm also represented an individual being investigated for federal financial aid fraud. The United States Attorney’s Office for the Southern District of Indiana offered a plea agreement in which the defendant would plead guilty to one Count of Wire-Fraud, 18 U.S.C. § 1343, alleging that defendant filled out federal financial aid applications which contained material false or forged information and thereby obtained over $37,000 in federal financial aid. Mr. Rosenblat convinced the United States Attorney to charge the defendant with a misdemeanor, alleging that he stole just $932 and used tricks and deceit on a federal financial aid application to unlawfully obtain money and funds from the United States Department of Education.
Mr. Rosenblat also represented a defendant who was prosecuted by the Illinois Attorney General’s Financial Crimes Unit with three counts of theft totaling over $350,000 from the company where he worked. Mr. Rosenblat convinced the court to release the defendant on bond, and Mr. Rosenblat persuaded the Illinois Attorney General to reduce the total theft amount to just $26,400. The defendant pleaded guilty to theft of that amount and was sentenced to probation and restitution.
Other types of cases that are generally referred to as white collar include:
If you are being investigated or have been charged or investigated for a white collar crime, contact the law office of Michael C. Rosenblat to schedule an appointment.