Middle Tennessee Federal Criminal Defense Law Blog

Tennessee-based engineer is charged by federal prosecutors

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in federal criminal charges on Thursday, December 26, 2019.

One may not think that the coating inside a soda can would get someone into trouble, let alone federal criminal charges. But any valuable information can become part of an alleged criminal act if it was shared illegally, and people facing these sorts of charges need a robust criminal defense to get past it.

The case involves a chemical engineer working in Tennessee for a company developing new polymer coatings that preserve flavor and inhibit chemical reactions in foods and drinks packaged in metal containers. The charges against her include industrial espionage, as federal prosecutors claim the engineer was attempting to steal trade secrets and establish a competing company of her own.

Forgery is a serious crime with serious consequences

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in bank fraud on Monday, December 16, 2019.

When it comes to financial documentation, the temptation to forge documents is too great for some people to turn down. As one of the most serious white collar crimes, a forgery conviction can result in a large fine and imprisonment among other consequences.

There are many types of forgery, such as signing another person's name to a check, loan documentation or contract.

Common examples of mail fraud

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in white collar offenses on Monday, December 9, 2019.

The phrase "mail fraud" is a broad definition that encompasses any scheme designed to deprive another person of property via the United States postal service.

As a federal offense, a mail fraud conviction can result in serious penalties, including but not limited to, large fines, prison time and restitution.

There are many defenses to charges of domestic violence

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in violent offenses on Tuesday, December 3, 2019.

Domestic violence charges are serious, as a conviction can result in prison time, community service, restraining orders and an impact on your professional life. And that's just the start.

Rather than hope for the best when your day in court arrives, it's critical to implement a domestic violence defense strategy that positions you to prevent a conviction and the associated consequences. Here are some of the most common defense strategies:

False allegations: It's not unheard of for an individual to falsely claim they were the victim of domestic violence. For example, if you're going through a bitter divorce, your soon-to-be ex could make false allegations to get back at you.
Self-defense: You have the right to defend yourself should another person, such as a spouse or loved one, attack you. If you can prove that the other individual was a threat to your safety, self-defense is often the best defense strategy.
No proof: It's one thing for a person to claim they were the victim of domestic violence, but another thing entirely to prove it to the court. The best defense may be your ability to show that the accuser's story doesn't add up.

The penalties are stiff for Tennessee protective order violations

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in violent offenses on Thursday, November 28, 2019.

"Protective orders" can be referred to in a variety of ways in Murfreesboro and other parts of Tennessee. They're sometimes called "restraining orders," and other times, they are referred to as "orders of protection". Each of these legal documents has the same purpose, no matter what they're referred to as. These orders exist to keep one individual a certain distance away from another one who requested protection.

Judges frequently issue protective orders in Tennessee domestic violence cases in which an individual alleges that they were stalked, threatened or abused by another person. While many courts only institute temporary protection orders, Tennessee law allows for these orders to remain in effect for a year unless the term is modified by a judge.

How can you avoid Medicare fraud charges?

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in health insurance & medicare fraud on Thursday, November 21, 2019.

Both Tennessee and federal officials are serious about cutting down on health insurance and Medicare fraud. This is one of the reasons why they urge consumers to be on the lookout for health care scams. There are certain steps that you should take as a medical professional or biller to make sure that you don't end up on the wrong side of the law.

First, you should do your due diligence to confirm the identity of your patients. You should ask them for photo identification to match their names with their faces. It could land you in legal hot water if you billed an insurance plan because you saw the wrong patient.

Health care fraud and the Anti-Kickback Statute

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law on Friday, November 15, 2019.

As a medical professional, such as a doctor or nurse, you're familiar with what you are and are not permitted to do in regard to how you treat patients. However, when it comes to billing standards, such as how to bill an insurance company or Medicare, you may not have nearly as much knowledge of what's required of you.

Health care fraud is a serious crime that can result in severe penalties that can alter your life.

What’s the best assault defense strategy?

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in violent offenses on Monday, November 11, 2019.

Any type of criminal charge associated with assault has the potential to impact your life in many ways, such as a restraining order from the victim or a prison sentence.

The way you defend yourself against charges of assault and battery depends largely on the circumstances of your case. Here are some of the defense strategies to consider:

Self-defense: It's the most common defense used in assault cases, and is exactly what it sounds like. You must prove to the court that there was a threat of harm or unlawful force against you and that you had no choice but to use physical violence to protect yourself.
Defense of others: Similar to a self-defense strategy, you must prove that your violence was necessary to defend another individual, such as a spouse or child.
Defense of property: This comes into play if you can claim that you acted in defense of property that was illegally withheld or stolen. For example, if someone enters your home without permission and attempts to steal from you, it may be necessary to fight back in order to protect your property.
Consent: It's not nearly as common as other assault defense strategies, but if the other individual voluntarily consented to the violence, it should not result in criminal charges.

Lying on a loan application is never a good idea

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in bank fraud on Thursday, November 7, 2019.

Maybe you're buying a home or car. Or maybe you're interested in securing a home equity line of credit (HELOC). Regardless of the type of loan you're applying for, your lending institution will ask you to complete an application and provide valid information.

You wouldn't be applying for a loan if you didn't want to receive an approval. For this reason, you may get the idea to stretch the truth or tell "little white lies" to improve your chance of receiving good news.

Can a tax audit result in criminal charges?

On behalf of Bulloch, Fly, Hornsby & Evans PLLC Attorneys at Law posted in white collar offenses on Monday, October 28, 2019.

The last thing you want to receive in the mail is a tax audit notice from the IRS. Even if you've done nothing wrong, you're likely to have concerns about what the IRS could dig up and if it will lead to additional trouble.

While not always the case, it's possible for a tax audit to result in criminal charges. For this reason, it's critical to understand the process the IRS uses to select tax returns for an audit, as well as the steps you can take to protect your legal rights.