McKenzie Scott PC: Fighting for the little guy.
We also take cases involving embezzlement, identity theft, drug trafficking, forgery, welfare fraud, bribery and interstate sales of stolen property on a case-by-case basis. Call us today to discuss your case: (619) 794-0451.
Client Review
"Mr. Scott and Mr. Bourassa helped our family tremendously. We were able to meet with the team immediately to address important matters. I was very comfortable with them and their concern for my family’s welfare. Our very stressful time ended up without consequence because of the effort they put into the case. Ultimately our day in court never came and no charges were made. I am thankful to have chosen this team and I would definitely recommend to others needing defense attorneys."
April
Recent Case Results
United States v. Client – 2024
Health Care Fraud & Unlawful Manufacture/Distribution of a Controlled Substance
The government charged a doctor and his office manager with wide-ranging healthcare fraud relating to the treatment of chronic pain. The indictment included over 80 federal charges related to conspiracy, health care fraud, and alleging the unlawful manufacture and distribution of controlled substances. The sentencing exposure was measured in decades, not years. But the government committed serious constitutional errors in investigating the case and searching our client’s digital records. Due to aggressive motions practice alleging illegal search and seizure and the violation of attorney-client privileges, McKenzie Scott PC obtained complete dismissal of all charges against our Client. After an early and vigorous investigation and aggressive litigation, our client is completely exonerated.
Let us help with your case today.
United States v. Client – Summer 2022
Wire Fraud (Honest Services Fraud)
In a case involving Foreign Intelligence Surveillance Act (FISA) warrants and alleged (though disputed) national security issues, a foreign-born man was charged as the lead defendant in a conspiracy to commit wire fraud. We argued for over a year that the FBI seized evidence based on untrue claims about our client and the investigation was illegal. We requested a rare “Franks hearing.” After multiple federal agents were forced to testify under oath, the U.S. District Judge agreed that the investigation by the FBI and IRS violated our client’s rights because they acted “in reckless disregard for the truth.” McKenzie Scott’s criminal defense lawyers prevailed, and evidence from multiple search warrants was tossed out. This result-not just obtaining a “Franks hearing” but winning a Franks hearing is exceedingly rare in federal criminal practice. McKenzie Scott could not be happier with this result for our client, who now lives happily with his family.
People v. Client – Spring 2022
Healthcare Fraud
Our client was charged in a healthcare fraud conspiracy and faced years in prison because of a white-collar crime enhancement. But we filed motions arguing the prosecutor failed to properly draft the charges. The Superior Court agreed – the charges were dismissed. After repeatedly trying to re-file the same charges and facing new rounds of litigation from McKenzie Scott lawyers, the District Attorney finally agreed to dismiss the case permanently.
People v. Client – Summer 2022
Embezzlement
Our client was accused of embezzling funds from his employer for more than a decade. Our investigation and arguments challenging the District Attorney’s evidence led the prosecutors to dismiss all felony charges.
According to the US Treasury’s Financial Crimes Enforcement Network, laundering money “involves disguising financial assets so they can be used without detection of the illegal activity that produced them.” This can include complex financial transactions, and international dealings that result in the involvement of multiple government entities.
Convictions for money laundering often involve federal offenses; these can result in substantial fines and long prison sentences. Our money laundering defense attorneys are adept at unraveling intricate financial transactions and identifying flaws in the prosecution’s case. We work tirelessly to build a comprehensive defense, aiming to achieve the best possible resolution for our clients.
What are common types of money laundering?
Money laundering methods involve various stages and techniques to obscure the origins of the money, making it difficult for authorities to trace the illicit funds back to their source. Money laundering can vary widely from case to case, but some of the most common types are:
Structuring (Smurfing): Breaking up large amounts of cash into smaller deposits to avoid detection by authorities or financial institutions (for example, depositing amounts just under the United States’ reporting threshold of $10,000).
Cash Intensive Businesses: Using businesses that deal primarily in cash-restaurants, bars, nightclubs, etc.-to disperse illicit funds within a legitimate income stream.
Trade-Based Laundering: Using international trade to disguise illicit funds by over- or under-invoicing for goods and/or services (for example, shipping goods and inflating the value on the invoice, allowing the difference to be laundered).
Shell Companies and Trusts: Creating shell companies that exist only on paper, with no real business operations, to conceal ownership and/or assets.
Real Estate: Buying real estate properties with illicit funds and then selling them to “clean” the money. Properties can be bought with dirty money, and once sold, the funds received appear legitimate.
Gambling: Using casinos to launder money by purchasing chips with illicit funds, gambling a small amount, and then cashing out the remaining chips for a check from the casino, making it appear as legitimate gambling winnings.
Hawala Networks: Utilizing informal value transfer systems, such as Hawala, which operate outside traditional banking systems. Money is transferred through a network of brokers without the actual movement of cash.
Offshore Accounts: Using offshore banks or financial institutions located in jurisdictions with strict bank secrecy laws to hide and move illicit funds.
Cryptocurrencies: Using digital currencies like Bitcoin to move and disguise illegal funds.
Art and Antiques: Buying expensive art or antiques with illicit funds and then selling them to integrate the money into the financial system.
Speak to a Money Laundering Lawyer Now: (619) 794-0451.
California Tax Fraud Attorney
Data shows that almost 20% of all reportable income is improperly reported to the IRS. According to the United States Sentencing Commission, more than 400 tax fraud offenders were sentenced in 2022; about 70% were sentenced to prison, with an average term of 16 months.
More than 85% of those convicted of tax fraud had little or no criminal history.
Even as a first offense, tax evasion is a serious accusation. Regardless of your criminal history or any intention to underpay, you may be changed and sentenced in a way that disrupts your entire life and tarnishes your reputation. Underreporting income for any reason-overstating deductions, or failing to file tax returns, or a simple math error-can result in severe penalties. This includes hefty fines, asset forfeiture, and imprisonment.
Read more: Quick Facts on Tax Fraud Offenses (USSC, 2020)
Our experienced tax fraud defense attorneys understand the intricacies of tax law-and the aggressive tactics used by the IRS and state tax authorities. We work diligently to investigate your case, identify weaknesses in the prosecution’s evidence, and develop a strong defense strategy aimed at minimizing or dismissing your charges.
Speak to a Tax Fraud Attorney Now 619-794-0451
What kind of crimes are considered tax evasion/tax fraud in California?
California has a strict definition of tax fraud, and the state takes these charges seriously. According to Ca. Rev. and Tax. Code, Revenue and Taxation Code §19706:
Any person or any officer or employee of any corporation who … willfully fails to file any return or to supply any information with intent to evade any tax … or who … makes, renders, signs, or verifies any false or fraudulent return or statement or supplies any false or fraudulent information, is punishable by imprisonment in the county jail not to exceed one year, or in the state prison, or by fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment… (Ca. Rev. and Tax. Code § 19706).
Tax fraud accusations can arise in a number of ways. Common types of tax fraud include, in brief:
Failing to File a Tax Return: Intentionally failing to file tax returns, especially when significant taxes are owed.
Underreporting Income: Failing to report all income earned, such as wages, tips, or earnings from self-employment, to avoid paying taxes on the full amount. This also includes concealing money or assets in offshore accounts or other means to avoid detection by tax authorities.
Overstating Deductions: Claiming false deductions, inflating legitimate deductions, or reporting non-existent business expenses or personal expenses as business expenses to lower taxable income.
Filing False Returns: Submitting tax returns with false information, such as incorrect income or deduction amounts. This includes using incorrect Social Security numbers or using stolen identities to file tax returns.
Engaging in Illegal Financial Schemes: Participating in illegal financial schemes that generate unreported income, such as money laundering or cash businesses that do not report all transactions, as well as investing in or creating tax shelters that exploit loopholes in the tax system.
Misreporting Employment Status: Misclassifying employees as independent contractors to avoid paying employment taxes such as Unemployment Insurance (UI) and Employment Training Tax (ETT).
Manipulating Records or Books: Keeping two sets of financial records or altering books to understate income and overstate expenses. This also includes creating false documents or altering genuine documents to support fraudulent tax claims.
Serious accusations like tax fraud require a strong legal defense team. Call McKenzie Scott PC today to learn how we can help: (619) 794-0451.
California Healthcare Fraud Attorney
“Healthcare fraud” refers to deceptive practices in the healthcare industry intended to gain unauthorized benefits, often financial in nature. It involves the intentional submission of false or misleading information to obtain reimbursement from health insurance providers, notably with government healthcare programs like Medicare and Medicaid.
Healthcare fraud is a serious accusation. If you have been accused of healthcare fraud, an investigation against you is likely already underway; this may include CPAs, private investigators, and forensic accountants hired by the government to investigate you.
Now is the time to act decisively and hire a defense attorney to advocate on your behalf. Prompt action is the best defense.
Speak to a Healthcare Fraud Attorney Now: (619) 794-0451.
What kind of crimes are considered healthcare fraud?
Any kind of practice that resulted in unauthorized payment or benefits through healthcare services constitutes healthcare fraud. This includes, but may not be limited to:
CARES Act/PPP Loan Fraud: Misrepresentation of one’s business and/or misappropriation of acquired funds distributed through the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.
Billing for Services Not Rendered: Charging for medical services, tests, or procedures that were never actually provided to the patient.
Overbilling: Charging more than the actual cost of a service or product. This includes upcoding (billing for a more expensive service than the one actually performed), unbundling (submitting multiple bills for the same service)
Kickbacks: Receiving or giving anything of value to influence the referral of healthcare services or products.
Falsifying Diagnoses: Deliberately misrepresenting a patient’s diagnosis to justify tests, surgeries, or other procedures that are not medically necessary.
Duplicate Claims: Submitting multiple claims for the same service.
Prescription Fraud: Forging or altering prescriptions or obtaining medications through deception, whether to take or to sell.
False Cost Reports: Misrepresenting costs on expense reports submitted to government programs.
Non-Eligible Services: Billing for services or items that are not covered by the patient’s health insurance.
California Cybercrimes Attorney
In an era when screens dominate our daily lives, cybercrimes are a growing concern-and federal law enforcement is intensifying their efforts to crack down on these offenses. The Cybersecurity & Infrastructure Security Agency may call upon cybersecurity experts, forensic accountants, and private investigators to pursue a claim against you. Conviction for a cybercrime may include large financial penalties and imprisonment.
Cybercrimes encompass a number of criminal offenses, from hacking and identity theft to online fraud, unauthorized access to computer systems, and felony convictions involving national security. Many California cybercrime cases involve confounding factors: multi-jurisdictional issues, technological complexities, government involvement, high-profile lawsuit parties, highly sensitive data, and/or significant theft (in excess of $50,000).
No matter the circumstance, our cybercrimes criminal defense attorneys possess both the knowledge of the law and of the technology involved to defend your rights and protect your future.
Speak to a Cybercrime Attorney Now: (619) 794-0451.
What is cybercrime?
According to the State of California Department of Justice’s Cybercrimes Investigation & Prosecution Guidelines:
High technology crimes [cybercrimes] are those crimes in which technology is used as an instrumentality in committing or is the target of a crime. Examples include: computer intrusions, internet fraud, scams or white-collar crimes committed by means of electronic media, money laundering via cryptocurrency or electronic transfer, organized retail crimes involving significant digital evidence, cyberstalking, cyberextortion or cyberexploitation.
What are common examples of cybercrimes in California?
Phishing: Fraudulent attempts to obtain sensitive information such as usernames, passwords, and credit card details by disguising as a trustworthy entity in electronic communications.
Malware/Ransom Attacks: The use of malicious software to disrupt, damage, or gain unauthorized access to computer systems. This includes viruses, worms, Trojan horses, ransomware, and spyware.
Denial of Service (DoS) and Distributed Denial of Service (DDoS) Attacks: Attacks that flood a network or competing website with excessive traffic, rendering it unusable.
Cryptojacking: Unauthorized use of someone else’s computer to mine cryptocurrency. Victims’ systems are exploited for processing power without their knowledge.
Espionage: Unauthorized access to confidential information for political, military, or financial gain, often involving government or corporate secrets.
Identity Theft/Fraud: Stealing someone’s personal information to commit fraud, such as opening credit accounts or making unauthorized transactions. This also includes obtaining money or property by deceiving individuals or organizations (generally banking or financial institutions).
Social Engineering: Manipulating people into divulging confidential information. This can be achieved through various methods, including phishing and pretexting.
Online Scams: Fraudulent schemes that deceive individuals into providing money or sensitive information. Common examples include lottery scams, romance scams, and tech support scams.
Child Exploitation: Distribution and production of child pornography, as well as luring minors for illicit purposes through online platforms.
Intellectual Property Theft: Stealing proprietary information, such as trade secrets, designs, and software, often through hacking or unauthorized access.
High-technology crimes require a high-caliber legal defense. At McKenzie Scott PC, we bring a wealth of expertise to every cybercrime case. Call us today for a free case consultation: (619) 794-0451
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Honest Services Fraud Attorney
In 1988, Congress added a single sentence, § 1346, to the federal mail and wire fraud statute, Title 18 U.S.C. Chapter 63: “the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services.” This has come to be known as honest services fraud, and expanded mail fraud law to include a wider variety of crimes.
What is Honest Services Fraud?
According to Title 18 U.S. Code 1346, honest services fraud is a “scheme or artifice to deprive another of the intangible right of honest services.” This may include a violation of fiduciary duty, including bribery or kickbacks, in addition to the misuse of a person’s position or authority for personal gain (for example, using another person’s bank account).
If you’re convicted of honest services fraud-illegal activity involving mail fraud, wire fraud, health care fraud, or similar-we strongly encourage you to take your case seriously. Penalties can include restitution, punitive damages, and up to 20 years in prison.
Read More: Honest Service Fraud Sentencing Guidelines (USSC)
Speak to an Honest Services Fraud Attorney Now: (619) 794-0451.
Client Review
"I’m very grateful to Mr. Scott and his firm. We never felt like ‘clients.’ He viewed us as individuals of incalculable worth. He understood that we put the most difficult situation of our lives in his hands and he wasn’t going to let us down. It was obvious that Mr. Scott valued the truth and justice of our situation over his own ego. He is the farthest thing from the stereotypical attorney. Every attorney and paralegal in his office was equally qualified and motivated. Their work gave us peace of mind and confidence throughout the mediation and trial processes. They were extremely attentive to detail, and able to uncover significant details that we had not noticed despite being more intimately aware of the situation. They sifted through enormous amounts of data and properly distinguished the most important elements of the case from those of lesser importance. The storyline of our situation was patiently woven together over the course of the trial and the jury was not lacking any important elements. He was never too busy to answer a call, email or text. He was factual rather than emotional. Our trial ended more quickly and favorably than we anticipated as a result of Mr. Scott’s professional and human excellence."
Chris Ambuul
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– McKenzie Scott PC: Fighting for the Little Guy
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