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Middle Tennessee Federal Criminal Defense Law Blog

Manufacturing meth makes big problems

Would you recognize a meth lab in your own neighborhood? A Memphis neighborhood had suspected their neighbors of running a meth lab but weren’t certain until it exploded during Valentine’s Day week. The occupants of the house were fortunate to only sustain minor injuries since meth lab explosions can be fatal.

Meth use in Tennessee has skyrocketed in recent years. This has occurred while law enforcement has faced budget cuts that make it more difficult to crack down on the manufacturing and distribution of the drug. That makes it more important for citizens to be able to identify meth labs. Common signs of a meth lab include:

Examples of Medicare fraud

Medicare fraud is quite a common occurrence in Tennessee and throughout the country. This can put patients' health at risk, and it also costs taxpayers a lot of money. Many different parties can commit this type of fraud and, if caught, the penalties can be severe.

According to California Health Advocates, Medicare fraud can happen in a number of ways. The parties who commit fraud include healthcare providers, insurance brokers, equipment suppliers, pharmacists, companies and beneficiaries. Some examples of how fraud occurs include:

  • Provider bills for unnecessary services or services that did not occur
  • Brokers make unsolicited home visits or phone calls
  • Suppliers bill for different equipment than what the beneficiary got
  • Pharmacists fill a script with an expired drug
  • Beneficiaries let someone else use their Medicare number
  • Companies offer bribes to providers to prescribe a particular medication 

Like a laser: law enforcers sharply focused on white collar crime

Many residents in Middle Tennessee and across the state might reasonably believe that white collar crime is a criminal law realm that authorities comparatively deemphasize. After all, it is often stories spotlighting notably violent crimes that garner high-profile press coverage in national media outlets. The white collar criminal sphere lacks similar pulse and drama.

Indeed, though, the white collar crime sphere has been tightly focused upon by regulators, prosecutors and both state and federal task forces (often operating together in investigatory probes) for some time now. That has been especially true since the wake of the deep financial recession that rocked the country a few years back.

Some marital assets are easy to overlook

When dividing marital assets in a divorce, it's common to turn your immediate attention to the family home, bank accounts and retirement accounts. While these assets deserve your attention, you don't want to stop there.

There are many other marital assets to focus on, as you don't want to miss out on anything that you're entitled to. Some of these include:

  • Employer benefits: This includes things such as stock options, pension plans and deferred compensation plans.
  • Cemetery plots: It may not be something you want to think about, but a cemetery plot is anything but inexpensive.
  • Collections: This can include everything from sports memorabilia to a coin or stamp collection.
  • Country club membership: It may not be something you particularly value, but that doesn't mean you shouldn't get your share in the event of a divorce.
  • Pets: Some people don't look at pets as a marital asset, but that's exactly what they are. If taking your pet with you is important, start planning on this as soon as possible.
  • Photographs and other mementos from the past: These may not hold great value to outsiders, but you realize that these assets are invaluable.

Follow these tips to protect your business from a divorce

As a business owner, you put your heart and soul into making sure your company is always running at peak performance. Unfortunately, in the event of a divorce, everything could begin to fall apart around you.

There are tips you can follow to protect your business from a divorce, including the following:

  • Use a prenuptial agreement: If you're concerned about losing your business as a result of divorce, sign a prenuptial agreement before tying the knot. This allows you to outline how your business assets will be treated during the divorce process (if it ever comes to light).
  • Pay yourself a salary: There's nothing wrong with putting money back into your company, but neglecting to pay yourself a salary could backfire on you down the road. You don't want to do anything that jeopardizes your claim of ownership.
  • Don't mix personal and business funds: A common mistake that's easy to make, mixing funds will bring many challenges to your divorce. For example, if you take marital money and use it to purchase business equipment, the other person may be entitled to a portion of the asset.

These arguments are common before divorce

If you're moving toward divorce, you're probably spending a good amount of time arguing with your spouse. The way you handle these conversations will have a lot to say about what happens next.

Here are some arguments that typically come into play before divorce:

  • You don't care about me any longer. It can be difficult to fight back against this argument from your spouse.
  • You're not getting anything if we divorce. Your spouse may threaten that you won't receive anything in the divorce. This is a scare tactic that shouldn't stop you from proceeding if it's the right decision.
  • You'll never get to see the kids again. Just the same as arguments surrounding property division, this can be a nasty fight that takes many twists and turns. If this comes to the forefront, you can expect fights about child custody and support in the divorce.
  • You don't want to make things work. Maybe this is true, and maybe this is false. The best thing you can do is be open and honest about your feelings and what you want to happen in the future.

Is a property division checklist necessary in divorce?

Going through a divorce will change your life in many ways. From the way you raise your children to the money you have access to in the near future, there are many things you need to prepare for.

A property division checklist is not required by law, but it can go a long way in helping you better understand your situation. And when you understand what you're up against, you can make more informed decisions.

Tips for managing marital property

After you tie the knot, you have every reason to believe that you and your spouse will remain married for the rest of your life. However, this doesn't mean you shouldn't protect yourself in the event of a divorce.

There is more to managing marital property than meets the eye, with these tips among the most important:

  • Consider a prenuptial agreement: This is the best way to determine upfront what property is and is not subject to division in the event of divorce.
  • Keep accurate records: If you need to establish that an asset is not marital property, you should keep records that prove this.
  • Keep separate property separate: If you bring an asset into the marriage, keep it separate. If you don't, it may be considered marital property if you divorce.
  • An increase in value can make things tricky: If nonmarital property increases in value during your marriage, both individuals may be entitled to part of the increased value.
  • Use nonmarital assets to purchase other assets that you want to remain separate: If your spouse pays for part of the asset, he or she can stake claim to his or her share in a divorce.

Don’t cause a breakup when asking for a prenuptial agreement

Many people shy away from asking for a prenuptial agreement because they don't know what to expect.

On one side, they know that creating a prenuptial agreement will put them in a better place. Conversely, they also know that this could cause trouble between them and the person they love.

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Murfreesboro Office
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Murfreesboro, TN 37130

Toll Free: 800-673-1947
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