• Mail fraud
• Wire fraud
• Mortgage fraud
• Bankruptcy fraud
• Medicare fraud
• Medicaid fraud
• Insurance fraud
• Tax fraud

Falsifying information, giving false information, or withholding information on applications for benefits or financial aid is illegal.  Whether one conceals assets in filing bankruptcy or files false medical claims to receive insurance compensation, fraud is prosecuted aggressively and often by the federal government rather than state government.  Those charged with fraud in U.S. District Court should find an Oklahoma fraud lawyer who is also an experienced federal criminal defense attorney.

Two Oklahoma businessmen, formerly of Norman, Oklahoma, have learned over the last couple of years just how seriously the federal government takes fraud.  Larry C. Shaver, 65, and Lewis Patrick Colbert, 65, along with colleague Howard Michael Wampler, were indicted by a Grand Jury in May 2009 on charges of fraud and conspiracy to commit fraud.  Shaver and Colbert, the CEO and CFO of McSha Properties, respectively, were sentenced last week after they pleaded guilty in September.  Shaver has been sentenced to 30 months in prison and has paid more than a million dollars in restitution United States Treasury.  Colbert has been sentenced to 24 months and has paid more than $330,000 in restitution.

Shaver pleaded guilty to conspiracy and to knowingly depositing crime proceeds.  Colbert pleaded guilty to conspiracy.  In the fraud scheme, Shaver and Colbert, along with Wampler, McSha's Vice President in Charge of Construction, are alleged to have created millions of dollars in false invoicing to inflate tax credits for low-income housing.  They are accused of using the credits to obtain financing when was then misappropriated to personal use.

White collar crimes have a notoriously high conviction rate in federal courts.  This is often because any investigation into illegal financial dealings is generally carried out by highly specialized federal agencies such as the IRS, the FBI, or the SEC.  When charged with a federal crime, one needs quality legal defense from an Oklahoma white collar crime attorney who is experienced in federal court and is fully equipped to take on the United States District Attorney prosecuting the case and to challenge the evidence obtained in a federal investigation.

Though it is estimated that 17% of all individual tax returns have some error, serious cases of intentional fraud are prosecuted heavily.  Tax evasion or tax fraud can lead to fines, tax penalties, accrued interest, liens, bank levies, wage garnishment, and seizure of assets.  Tax crimes are also punishable by lengthy prison sentences.

A government study revealed that the majority of tax fraud--up to 75%--is committed by individual tax payers rather than businesses and corporations.  Individual tax fraud is committed primarily by middle income earners.

However, tax evasion reaches headlines when a large corporation or, even more attention-getting, a celebrity is accused.  Some of the most famous people accused of tax fraud include:

• Martha Stewart - Did not pay $220,000 in taxes on a Hamptons vacation home
• Wesley Snipes - Claimed he was a "nonresident alien," despite being born in Florida; sentenced to three years in jail and required to pay $17 million in back taxes
• Willie Nelson - Faced $16.7 million in back taxes; when his assets were seized and auctioned, many fans bought the items and returned them to the beloved country singer
• Nicholas Cage - Accumulated $12 million in back taxes and the foreclosure of his multi-million dollar Las Vegas home; Cage blamed his financial manager
• Joe Francis - The producer of  Girls Gone Wild was accused of taking $20 million in fraudulent deductions

Other famous people accused of tax evasion include Judy Garland, Al Capone, and--to a lesser degree--"Survivor" Richard Hatch, who didn't report his $1 million prize, income earned as a radio host, or profits from real estate rental.

Failing to report income and assets is just one method for attempting to avoid paying taxes.  Tax fraud can take other forms as well, such as when a business keeps two sets of books, doesn't keep books at all, or manufactures or alters checks and receipts.

Tax fraud investigations are conducted by government agencies such as the Internal Revenue Service.  Backed by the full force of the government, these investigations are usually quite thorough, and the individual suspected may not even realize he or she is under investigation until he or she is arrested or charged.  For white collar defense in Oklahoma,  contact a fraud lawyer who is experienced at handling Federal fraud cases.

What is prescription fraud?  Prescription fraud refers to prescribing or obtaining prescription drugs that are not medically necessary.  There are several ways in which prescriptions fraud may be perpetrated:

• Using a stolen physician's prescription pad
• Altering a legitimate prescription in order to receive an increased quantity of a prescribed drug
• Forging prescriptions
• Calling in one's own prescriptions and providing a personal number for callback information
• "Doctor shopping," or visiting several doctors to receive prescriptions unbeknownst to the other physician

Furthermore, an unscrupulous physician may sell unneeded prescriptions to "patients" looking to sell or abuse the prescription drugs.

Prescription fraud in Oklahoma is a serious concern.  Some studies show that 2-4% of the national population abuses prescription drugs.  The drugs most commonly purchased or abused in prescription fraud cases include Vicodin, Valium, Xanax, Oxycontin, and morphine.  Benzodiazepines, such as Xanax and Valium, are often used legally to treat anxiety and also work as sedatives and muscle relaxers.  Oxycontin, Vicodin, and morphine are powerful and highly addictive painkillers.

Prescription fraud is a felony drug crime in Oklahoma and may be charged as a Federal offense.  Health care providers who illegally provide prescriptions may not only face jail time and fines, but they are likely to lose their licenses to practice medicine and receive sanctions by the American Medical Association.

The Oklahoma Anti-Drug Diversion Act implemented the Oklahoma Prescription Monitoring Program (PMP), overseen by the Oklahoma Bureau of Narcotics and Dangerous Drugs, in an effort to combat prescription drug abuse and prescription fraud.

If you are accused of involvement in prescription fraud, it is important that you contact an experienced Oklahoma criminal lawyer as soon as possible to help with your defense.  Your attorney can thoroughly evaluate your case for the best defense strategy, whether that entails negotiating a reduced charge or sentence, defending your innocence, or challenging police procedure to demonstrate illegal search and seizure.

For more information about prescription fraud defense, call Phillips and Bailey to speak with an experienced criminal defense attorney in Oklahoma City.

• Medicare Fraud
• Medicaid Fraud
• Insurance Fraud
• Tax Fraud
• Credit Card Fraud
• Wire Fraud
• Mail Fraud
• Bank Fraud
• Welfare Fraud
• Securities Fraud
• Computer Fraud
• Telemarketing Fraud
• Worker's Compensation Fraud
• Identity Theft
• Counterfeiting
• Forgery

Though this is a long list of fraudulent activities, it is merely the tip of the iceberg when dealing with the various types of white collar crimes, which also include embezzlement, extortion, bribery, blackmail, and more.

Last week saw three cases of fraud in Oklahoma making headlines:

On Thursday, Lewis Colbert, an ex-businessman from Norman, pleaded guilty to conspiracy to commit wire fraud.  Colbert, of McSha Properties, was accused of creating false construction invoices in order to defraud the government out of tax credits.  He pleaded guilty to his role in the scheme, which inflated construction costs for low-income housing projects that qualified for tax credits.  The scheme is estimated to have netted the company between 2.5 and 7 million dollars.  Colbert is scheduled for sentencing December 15.  He faces up to 20 years in prison.

Also on Thursday, the state's attorney general's office stated that two people were charged in separate incidents with worker's compensation fraud in Oklahoma.

Raul Obed Orozco, 50, was charged with three counts of worker's compensation fraud.  The Perry man is alleged to have sought medical treatment for three separate fraudulent work injury claims in 2009, 2010, and 2011.

Tulsa's Zeina Khatib, 49, has been charged with one count of worker's compensation fraud.  She claims to have sustained injuries during a fall at work in March 2010.  Khatib claims that she has been unable to work as a result of her numerous injuries, and in a deposition, said that she has not returned to work since her injuries were sustained in a workplace accident.  However, investigators allege that they have witnessed Khatib working.

By misrepresenting expenses or the severity of one's injuries, one commits fraud.  Fraud is almost always committed with the intent of financial gain; however, it is a criminal offense that could backfire in the long run, completely eliminating any gain and saddling the defendant with a lengthy jail sentence and a criminal record.  If you have been charged with fraud, if you are being investigated for fraud, or if you even suspect that you might be under suspicion of fraud, it is in your best interest to immediately cease the questionable activity and contact an experienced Oklahoma City white collar crime defense attorney.

TU wide receiver Damaris Johnson was charged with felony embezzlement in Oklahoma, and he was arrested just two days before the Hurricanes' opening game against the Sooners.  According to media reports, Johnson surrendered with his Oklahoma white collar defense lawyer and was released on pretrial release conditions.  Johnson's girlfriend, Chamon Jones, was also charged with felony embezzlement and was released from Tulsa County Jail on $2,000 bond.

Johnson and Jones are accused of embezzling more than $2,600 in merchandise from a store in the Promenade Mall in Tulsa.  The allegations claim that Jones, who worked for Macy's department store in the mall, would ring up merchandise for Johnson, but charge him far below the retail price.  In one instance, Jones is accused of selling Johnson $1,238.75 worth of merchandise for only 34 cents.

Under Oklahoma embezzlement law, the value of the property embezzled determines the severity of the charge and punishment:

• Less than $500:  Misdemeanor punishable by up to one year in jail and/or up to $1,000 fine
• $500 to $1,000:    Misdemeanor punishable by up to one year in jail and/or up to $5,000 fine and restitution to the victim
• $1000 to $25,000:  Felony punishable by up to five years in prison and/or up to $5,000 fine and restitution to the victim
• More than $25,000:  Felony punishable by up to ten years in prison and/or up to $10,000 fine and restitution to the victim

According to these guidelines, Demaris Johnson and Chamon Jones, who have been charged with felony embezzlement, face up to five years each in the state penitentiary.  Johnson and Jones are represented by the same Oklahoma embezzlement lawyer.

Demaris Johnson is a three-year letterman for the Tulsa Golden Hurricanes.  As a starting wide receiver, Johnson has accrued 29 career touchdowns.

Over the last three years, Oklahoma fraud lawyers have seen a significant increase in the number of Medicare fraud cases.  One recent news report claims that in Oklahoma, Medicare fraud has increased by 350% in the last three years, resulting in seven criminal cases and thirty eight civil suits totaling more than $22 million in settlements.  According to the Coalition Against Insurance Fraud, nearly $24 billion dollars are spent on improper, inaccurate, or fraudulent Medicare and Medicaid claims annually in the United States.  With such a heavy financial toll on the government and taxpayers, fraud cases are investigated and prosecuted vigorously.  The United States Department of Health and Human Services reports that the federal government saves $1.55 for every $1 invested in fighting fraud.

Medicare Fraud and Medicaid Fraud in Oklahoma

Medicare fraud and Medicaid (SoonerCare) fraud can take many forms, and while the fraud is generally perpetrated by the health care provider, patients can be involved as well.  The most common types of health care fraud include:

• Phantom Billing - The medical provider bills Medicare for procedures, tests, or equipment that is unnecessary or never performed.
• Patient Billing - The patient receives kickbacks and benefits for allowing his or her Medicare number to be used for fraudulent billing.
• Upcoding - The medical provider bills for more expensive procedures and equipment than is actually used or delivered.

In any of these cases, Medicare or Medicaid is fraudulently billed for services that were not provided.  According to a United States Senate Permanent Subcommittee on Investigations, Medicare paid out more than $1 billion in questionable expenses between 2001 and 2006, including walkers for patients with sinus congestion, paraplegia, and shoulder injuries and diabetes glucose test strips for patients with "breathing problems, bubonic plague, leprosy or sexual impotence."  With investigations revealing such abuse of the Medicare system, it is no wonder the government is cracking down on Medicare fraud.

Oklahoma Fraud Defense Attorneys

Unfortunately, taking a hard line against fraud can mean some deserving patients do not get the services they need, and medical providers may be accused of impropriety when they are actually filing legitimate claims.  If you have been accused of Medicare fraud, or if you suspect you are being investigated for fraud, contact and Oklahoma City fraud lawyer who can help you protect your rights.  Maybe your actions are legitimate; maybe you did not know your actions were against the law; maybe you felt forced to participate in a fraud scheme by an unscrupulous employer.  Whatever the situation, contact an Oklahoma white collar crimes lawyer who can help you build the strongest defense against charges of Medicare fraud or Medicaid fraud in Oklahoma.

A former youth minister was charged in federal court in Oklahoma City with sexual exploitation of minors after he allegedly used a fake profile on Facebook to solicit nude photos.  According to an FBI investigation, Daniel Leslie Mooneyham, 32, of Oklahoma City, created a fake Facebook profile posing as a woman and using the pseudonym "Terri Smith."  Mooneyham is accused of sending nude photos of a woman to male friends of the fake profile in return for their own nude photos.  The FBI says that Mooneyham's wife discovered her husband's scheme and reported it to the FBI.  Investigators say the nude photos he received included those of minors.  Allegedly, he solicited photos from one boy as young as 13; the boy apparently did not comply with the request.

FBI agent Douglas Settle said Mooneyham admitted several months ago to creating the false profile and an email account for the purpose of soliciting nude photographs of men and boys.  He claims Mooneyham said he requested the pictures of minors out of "curiosity."

Mooneyham's Oklahoma City internet sex crime lawyer told the media that it is too early in the investigation to know whether the allegations against his client are valid or not.

The federal charges are not Mooneyham's first run-in with the law.  In 2007, while he was youth minister of a Lexington, Oklahoma, church, Daniel Mooneyham was charged with embezzlement in Garvin County District Court.  The following year, he was ordered to serve probation and pay restitution of $19,000.  According to his wife, Mooneyham is still active in the church, working as a Sunday school teacher and interacting with youth.

Mooneyham's wife filed for an annulment of their marriage last week, saying that her husband committed fraud when he failed to disclose his sexual orientation prior to their marriage.

Both white collar crimes, like embezzlement, and internet sex crimes, like sexual exploitation of minors, are not only Oklahoma state crimes, but also United States federal crimes.  Those charged with a federal offense in Oklahoma should look for an Oklahoma criminal lawyer with successful experience handling criminal defense in federal court.

According to Edmond police, Frias reported that a former employee of her home-based business had stolen checks from the residence.  During an investigation, a witness reported that she had seen Frias use a credit card that did not belong to her, but rather to her deceased father, Sam W. Hunsaker.  After pursuing the tip further, investigators determined that Frias had not notified the credit card company, Citi, of her parents' deaths, and in fact, requested replacement cards for one she claimed was lost.  The "lost" card was discovered in her purse when she was booked into jail, along with another Citi card she also told authorities was lost.

Frias's Oklahoma credit card fraud charges result from numerous unauthorized transactions in Oklahoma and abroad.  Some charges made to the deceased Mr. Hunsaker's card include:

• $2,500 to Superior Cuts in Oklahoma City, which Frias said was a business loan to her mother-in-law
• $978 for Oklahoma State University football season tickets
• $1,664 to the "OSU Posse" to support OSU student-athletes
• More than $38,000 to Frias & Sons LLC, a real estate and marketing business run from the Frias home
• Multiple smaller transactions throughout Oklahoma City, Texas, Nevada, Mexico, and Europe

Julie Frias told police that the money charged to her company was "earnest money" for real estate transactions in Oklahoma City.  Frias said she used the card because of its high credit limit and frequent flier miles.  The credit card, which had zero balance in April  2010 had a balance of $53,152.18 by February 2011.

Julie Frias is not the only Frias to face felony criminal charges.  According to Edmond police, her husband, Domingo Frias, 30, is facing an Oklahoma felony assault charge of assault with a deadly weapon after threatening to cut off another man's finger.  Domingo Frias has fled to Mexico.

Henderson made the counterfeit coupons and counterfeiting guide, entitled "The 6 Commandments of Coupon Making," available online via internet forums and message boards.  The FBI found Henderson via an IP tracking device.

Unsealed charging documents from the FBI show that Lucas Henderson was charged with wire fraud and trafficking in counterfeit goods.  Henderson allegedly created counterfeit coupons for a variety of consumer goods ranging from low-priced household goods to high-end electronics, such as X-Box and Playstation.  Henderson's counterfeit coupons included unauthorized use of the "Powered by SmartSource" logo.  SmartSource.com is one of the leading providers of internet printable coupons.

Henderson was charged last week with one count of wire fraud and one count of trafficking in counterfeit goods.  If convicted, he faces up to 20 years in Federal prison for wire fraud and up to 10 years for counterfeiting.

Coupon fraud affects manufacturers and retailers who redeem the counterfeit coupons, and such losses are then passed on to the consumer in terms of higher prices and decreased acceptance of legitimate coupons.  According to an FBI.gov article detailing Henderson's Federal criminal fraud charges, over a two to three week period in 2010, approximately $200, 000 worth of counterfeit Tide coupons were redeemed, with the bulk of the loss being borne by Proctor and Gamble, manufacturer of Tide, and the retailers who honored the fraudulent coupons.

The Coupon Information Corporation (CIC) posts on its website an extensive list of counterfeit coupons, alerting conusmers, manufacturers, retailers, and law enforcement to fraudulent coupon schemes.  The CIC claims that, with its assistance, fraud schemes totaling over $750 million have been uncovered.   The CIC is critical of a popular reality series which focus on the extreme use of coupons, saying the series depicts illegal coupon use and encourages coupon fraud, or using a coupon in any manner other than its intended purpose.

Coupon use is exploding, and with its growth comes an increase in coupon fraud in Oklahoma and across the United States.  If you have been accused of fraud or suspect you may be under investigation for white collar criminal activity, consult an Oklahoma fraud attorney as soon as possible.