criminal law and procedure

Insurance fraud

insurance fraud: an overview

Insurance fraud refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer. The pervasiveness of insurance fraud drives up costs for all consumers and costs the insurance industry billions of dollars each year. One authority estimates that the annual value of insurance fraud approaches $80 billion. Detecting insurance fraud is difficult because of the surreptitious nature by which the criminal perpetrates the fraud.

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Healthcare fraud

health care fraud: an overview

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Phone and telemarketing fraud

Phone and Telemarketing Fraud: an overview

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Credit card fraud

credit card fraud: an overview

Credit card fraud is a form of identity theft that involves an unauthorized taking of another’s credit card information for the purpose of charging purchases to the account or removing funds from it. Federal law limits cardholders’ liability to $50 in the event of credit card theft, but most banks will waive this amount if the cardholder signs an affidavit explaining the theft.

Credit card fraud schemes generally fall into one of two categories of fraud: application fraud and account takeover.

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Computer and internet fraud

computer and internet fraud: an overview

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Habeas corpus

Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid.  A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Bankruptcy fraud

bankruptcy fraud: an overview

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  • Important U.S. Circuit Courts of Appeals Decisions:
    • United States v. Hughes, 401 F.3d 540 (4th Cir. 2005)
    • United States v. Dennis, 237 F.3d 1295 (11th Cir. 2001)
    • United States v. Butler, 211 F.3d 826 (4th Cir. 2000)
    • United States v. Ladum, 141 F.3d 1328 (9th Cir. 1998)
    • United States v. Levine, 970 F.2d 681 (10th Cir. 1992)
    • United States v. Gibbs, 594 F.2d 125 (5th Cir. 1979)

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