mccoy-law

Federal Corporate Fraud: What You Need to Know

Fri, 08 Sep 2023 04:13:22 GMT

The world of business can be exhilarating, offering opportunities for growth, innovation, and financial success. However, it's important to acknowledge that the corporate realm isn't immune to illegal activities. Among these is the intricate web of corporate fraud, which can entangle unsuspecting individuals in serious legal troubles.

At The McCoy Law Group, we know how easily individuals can find themselves embroiled in corporate crime, and the complexities surrounding corporate fraud cases. We’re here to offer pertinent information and reliable legal guidance should you need it. Here is what you need to know should you find yourself accused of this corporate crime.

Understanding Federal Corporate Fraud

Corporate fraud, often considered a white-collar crime , involves deceptive practices within a business setting. These types of offenses typically do not entail the use of force, violence, or threats. Instead, they are driven by the desire to maintain secrecy while unlawfully acquiring money, property, or services through fraudulent means.

While it might not involve violence, it's far from victimless. Corporate fraud can harm businesses, investors, employees, and even the overall economy. Engaging in fraudulent activities within a corporation can lead to significant consequences, both for individuals and the larger business community.

Common Types of Corporate Crimes

Corporate fraud takes many forms, each with its own set of legal complexities. Some common types of corporate crimes include:

Embezzlement: Misappropriating funds entrusted to you for personal gain.

Insider Trading: Illegally buying or selling stocks using non-public information.

Accounting Fraud: Manipulating financial records to misrepresent a company's financial health.

Bribery and Corruption: Offering or receiving something of value in exchange for business favors.

Money Laundering: Making illegally obtained money appear legitimate through a series of transactions.

Securities Fraud: Providing false or misleading information to investors to manipulate stock prices.

Kickbacks: Illicitly receiving compensation for referring business to a particular company.

FBI and Corporate Fraud Investigation

The Federal Bureau of Investigation (FBI) is at the forefront of combating corporate fraud. The FBI prioritizes corporate fraud investigations due to the significant damage it inflicts on investors and the U.S. economy.

In the pursuit of uncovering corporate fraud, the FBI collaborates with various agencies, including:

Securities and Exchange Commission

Commodity Futures Trading Commission

Financial Industry Regulatory Authority

Internal Revenue Service

Department of Labor

Federal Energy Regulatory Commission

U.S. Postal Inspection Service

Identifying corporate fraud often relies on the reporting and compliance mandates of these federal agencies.

With its expertise in investigating complex financial crimes, the FBI plays a critical role in ensuring accountability within the corporate sector. The FBI's involvement highlights the seriousness of corporate fraud and underscores the government's commitment to maintaining the integrity of businesses and financial systems.

Federal Statutes and Penalties

Numerous federal statutes target corporate fraud. These include:

Mail fraud: Violation of 18 USC § 1341

Wire fraud: Violation of 18 USC § 1343

Bank fraud: Violation of 18 USC § 1344

Healthcare fraud: Violation of 18 U.S.C. § 1347

Securities or commodities fraud: Violation of 18 U.S.C. § 1348

Certifying false financial reports: Violation of 18 U.S.C. § 1350

Money laundering: Violation of 18 U.S.C. § 1956

Counterfeit obligations or securities: Violation of 18 U.S.C. § 472

Extortion and blackmail: Violation of 18 U.S.C. § 873

Filing a fraudulent document with an official: Violation of 18 U.S.C. § 1001

Major fraud against the federal government: Violation of 18 U.S.C. § 1031

Using a fictitious name to obtain a postal package: Violation of 18 U.S.C. § 1342

Convictions for corporate fraud can lead to substantial penalties, including hefty fines and imprisonment. Individuals found guilty of federal corporate fraud could be ordered to reimburse double the sum of their wrongful gains. Additionally, they could be imprisoned for upwards of five to twenty-five years.

Those found guilty can face not only legal consequences but also significant damage to their professional reputation. Being convicted can eliminate the possibility of pursuing meaningful employment within a finance-related field.

Facing Corporate Crime Allegations in South Carolina?

If you're under investigation for corporate crimes in South Carolina, it's crucial to take immediate action. Consulting an experienced attorney is essential to protect your rights and build a strong defense strategy. At the McCoy Law Group, we understand the nuances of federal corporate fraud cases and can provide you with the guidance and representation you need during this challenging time. We can:

Examine the particular accusations directed at you or your company;

Assess the evidence to gauge its validity and the potential legal consequences you might face;

Collect relevant documents and statements from witnesses to substantiate your innocence and demonstrate your adherence to the law;

Investigate potential legal arguments that could be used in your favor;

Devise a plan for addressing government inquiries;

Negotiate with prosecutors in your best interest; and

Provide legal defense during a trial, if required.

The world of business can be both promising and perilous. Corporate fraud, though non-violent, can have far-reaching negative effects. If you're facing allegations of corporate fraud , it is imperative that you contact a skilled federal defense attorney immediately. Contact the McCoy Law Group to ensure your rights are safeguarded and your case is handled with expertise and care. Your future and the integrity of the business community are at stake – take action today.

Uncovering Fraud: A Guide to Federal Qui Tam Cases

Mon, 14 Aug 2023 04:05:25 GMT

Have you ever come across fraudulent activities that are harming the government? If so, you might have the power to bring these wrongdoings to light and make a significant impact. This is where "qui tam" comes into play – a powerful legal tool designed to fight fraud against the government.

The prospect of filing a lawsuit against an employer, a client, or someone of a higher position than you may seem intimidating and worrying, but it is your moral obligation to report any wrongdoing. With qui tam and the McCoy Law Group at your side, rest assured that your case will be handled effectively and with the utmost protection of your rights. We are here to guide and support you in your journey to reveal fraud and protect the public interest.

What is Qui Tam?

Qui tam, from the Latin phrase "he who sues for the king as well as for himself," is a unique legal concept that allows private individuals to bring lawsuits on behalf of the government. These lawsuits are aimed at recovering funds lost due to fraud against government programs and contracts. The Federal False Claims Act, enacted during the Civil War era to counter widespread fraud by contractors supplying the military, serves as the foundation for qui tam cases. This law encourages citizens to step forward as whistleblowers and expose fraud that harms taxpayers' money.

Unmasking Fraud with Qui Tam Lawsuits

A qui tam lawsuit essentially involves a private citizen, known as a whistleblower or relator, bringing a lawsuit against an individual or organization that has defrauded the government. This could involve submitting false claims, making false statements, or engaging in fraudulent activities that lead to financial losses for the government. Qui tam cases can encompass various areas, from healthcare fraud to defense contractor fraud and more.

Should the lawsuit prove successful, the relator becomes eligible to share in the Government's financial recovery and also recoup attorney's fees and expenses from the defendant.

Who Can Be a Whistleblower?

Anyone with knowledge of fraud against the government can become a whistleblower and initiate a qui tam lawsuit. Whether you are an employee, contractor, or even an outsider who stumbled upon wrongdoing, you have the power to take action.

The qui tam relator can include multiple individuals, a business, or a partnership. A relator possesses specific rights outlined in the False Claims Act, including the ability to independently pursue qui tam cases if the government chooses not to participate.

The Federal False Claims Act and Violations

The Federal False Claims Act prohibits a range of fraudulent activities against the government. It is written broadly to cover various kinds of fraud that could result in financial loss to the United States. It outlines seven violations, each of which is considered a breach of the False Claims Act.

False Claims – Providing or causing to provide a false request for payment or approval.
False Records or Statements – Creating, using, or causing others to create or use a false document or statement that is important to a fake or deceptive claim.
Conspiracy – Collaborating to break the False Claims Act.
Conversion – Not returning government property.
False Receipts – Producing or delivering a government property receipt without having full knowledge that the information in it is true.
Unlawful Purchase of Government Property – Purchasing public property from a government employee who is not legally authorized to sell it.
Reverse False Claims – Creating, using, or causing to be created or used a false document or statement that is important to an obligation to pay money to the government; or hiding, avoiding, or reducing an obligation to pay money to the government.

Rewards for Whistleblowers

When you bravely step forward as a whistleblower, you are not only doing the right thing for society but also potentially eligible for a whistleblower reward, also known as the relator's share. This is a portion of the recovered funds that you may receive as a token of appreciation for your role in exposing fraud.

If the government becomes involved in the case and the case achieves success through a settlement or a trial, the relator can receive a share of 15 percent to 25 percent of the funds collected by the government. In situations where the government opts not to participate in the case, and the whistleblower independently pursues it to a successful conclusion, the reward ranges from 25 percent to 30 percent of the funds collected.

The precise amount of the whistleblower reward hinges on various factors, which include the quality of the information presented to the Justice Department and the efforts put forth by the whistleblower and their attorney to ensure the success of the qui tam case.

Protecting Whistleblowers

At McCoy Law Group, we understand the concerns whistleblowers may have about their safety and job security. The law offers strong protections against retaliation by employers. If you experience any adverse actions for revealing fraud, you may be entitled to remedies such as reinstatement, back pay, and more.

Key Points for Whistleblowers

Document the fraud: Keep records, emails, documents, and any other evidence that could strengthen your case.

Consider the Pros and Cons: Before deciding to file a qui tam case, take time to carefully evaluate the advantages and disadvantages. Understand the potential impact on your professional and personal life.

Consult an attorney: Before taking any step, it's crucial to consult a legal expert experienced in qui tam cases.

Act promptly: The law has certain time limits for filing qui tam cases, and only the first person to file a complaint is eligible to receive a reward.

Maintain Confidentiality: Refrain from discussing the details of the case with anyone other than your attorney. This helps protect the integrity of the investigation and prevents potential leaks.

Be Prepared for Time: Qui tam cases can be complex and may take a considerable amount of time to resolve. Understand that patience is crucial, as these cases often involve thorough investigations.

Select Your Qui Tam Attorney Wisely: Your choice of attorney can greatly influence the success of your case. Choose an experienced qui tam attorney who understands the intricacies of federal law and has a track record of successful outcomes.

These key points are essential for whistleblowers to navigate the process effectively and increase their chances of a successful outcome in their qui tam case.

Why Choose McCoy Law Group?

Our team at McCoy Law Group is dedicated to justice and helping you navigate the complex world of qui tam cases. With our experience, expertise, and compassion, we will stand by your side and guide you through every phase of your whistleblower journey. Your courageous actions can make a significant difference, and we are here to ensure your voice is heard and your rights are protected.

Join the Fight Against Fraud

If you have information about fraud against the government, don't hesitate to take action. By contacting McCoy Law Group , you're taking the first step towards making a positive change. Let us help you bring justice and accountability to those who have committed fraud against taxpayers' funds. Call us today at 843-459-8835 to learn how we can support you in your qui tam case.

Understanding the Federal Crime of Insurance Fraud

Tue, 11 Jul 2023 03:52:02 GMT

Insurance fraud has existed since the inception of insurance itself. Consequently, it is one of the better-known white-collar crimes within the American legal system. Although insurance fraud does not carry the most severe penalties, being convicted of this crime can still significantly impact your daily life. It can lead to fines, imprisonment, and other sanctions.

At McCoy Law Group, we understand the gravity of insurance fraud allegations and the impact they can have on individuals and businesses. If you are facing federal charges related to insurance fraud, take immediate action and seek the guidance of our experienced federal criminal defense attorney.

Understanding Federal Insurance Fraud

Insurance fraud involves engaging in deceptive practices to obtain fraudulent insurance benefits. This can include making false statements or claims to insurance companies, other insured parties, or state and federal agencies to gain a financial advantage .

Different Types of Federal Insurance Fraud

Insurance fraud can be “soft” or “hard”:

"Soft" fraud is where a defendant is accused of inflating the value of a legitimate claim. For instance, someone might claim that their five-year-old 24-inch television, which was stolen from their apartment, was actually a brand new 48-inch plasma screen.

"Hard" fraud involves deliberate and elaborate deceptions. These crimes can include staging accidents or even causing physical injuries to fraudulently collect from an insurance policy.

Insurance fraud cases can take many forms, ranging from individual acts to complex criminal enterprises involving multiple participants. Under 18 U.S.C. § 1033 , federal law addresses various forms of insurance fraud, including:

Life Insurance Fraud: Life insurance fraud involves deceptive practices aimed at obtaining fraudulent benefits from life insurance policies. This can include falsifying information on applications, staging deaths, or submitting fraudulent death claims.

Auto Insurance Fraud: Auto insurance fraud refers to fraudulent activities related to automobile insurance policies. This can involve staging accidents, inflating damages, submitting false claims, or engaging in other deceptive practices to receive undeserved benefits from the insurance company.

Workers' Compensation Fraud: Workers' compensation fraud occurs when individuals deceive the workers' compensation system to unlawfully obtain benefits. This can involve exaggerating injuries, misrepresenting work-related incidents, or continuing to receive benefits while engaging in activities that contradict claimed disabilities.

Property Insurance Fraud: Property insurance fraud entails fraudulent activities targeting property insurance policies. This can include intentionally causing property damage, inflating claims, providing false information about the value or condition of insured property, or filing false claims for property losses.

Unemployment Insurance Fraud: Unemployment insurance fraud involves dishonest actions aimed at wrongfully obtaining unemployment insurance benefits. This can include providing false information about employment status, underreporting income, or continuing to receive benefits while working.

Health Care Insurance Fraud: Health care insurance fraud encompasses various deceptive acts committed in the context of health insurance. This can involve submitting false claims, billing for services not rendered, forging medical records, or engaging in schemes to unlawfully obtain reimbursements from health insurance providers.

Federal Penalties for Insurance Fraud

Violating 18 U.S.C. § 1033 can lead to severe penalties. In South Carolina, insurance fraud is classified based on the amount of benefits received. If the benefits obtained are less than $10,000, it is considered a misdemeanor offense. However, if the fraud involves benefits exceeding $10,000, it is considered a felony. A felony conviction for insurance fraud can lead to a minimum of 10 years of imprisonment. In cases where the false statement caused significant harm to an insurance company or jeopardized its viability, the maximum sentence can be increased to 15 years.

For misdemeanor fraud, individuals convicted may face a maximum fine of $1,000 and up to three years in jail.

Defending Against Insurance Fraud Charges

Insurance fraud cases can be complex and involve multiple federal agencies, state laws, and intricate legal issues. At McCoy Law Group , we have extensive experience defending clients in federal courts and handling insurance fraud cases. Our skilled attorney will develop a comprehensive defense strategy tailored to your specific circumstances, striving to achieve the best possible outcome for your case.

Protect Your Future with McCoy Law Group

Insurance fraud allegations are serious, and they carry the potential for significant prison sentences and substantial fines. If you or a family member in the insurance industry are concerned about potential federal criminal liability , it is crucial to seek immediate legal assistance.

Contact our experienced team at McCoy Law Group for an initial consultation . We have a strong track record of federal pre-filing intervention and federal jury trial work. Trust our experience and expertise to guide you through the legal process and seek the most favorable resolution for your case.

Defending Against Federal Mortgage Fraud Charges in South Carolina

Tue, 13 Jun 2023 03:42:19 GMT

Facing federal mortgage fraud charges can be overwhelming and have serious consequences. Because the penalties for conviction can be severe, it is crucial to have capable and experienced legal representation on your side. At McCoy Law Group, we understand the complexities of these cases and the impact they can have on your life. If you find yourself charged with federal mortgage fraud, it is crucial to act promptly to protect your rights.

Understanding Federal Mortgage Fraud in South Carolina

Federal mortgage fraud refers to the act of intentionally deceiving or misleading a federally insured lending institution, such as a bank, in order to obtain a mortgage loan or gain more favorable loan terms. It involves making false statements, providing fraudulent documentation, or engaging in deceptive practices during the mortgage application process. The fraudulent activities can include inflating property values, concealing financial information, using straw buyers, or participating in schemes to profit illegally from property transactions. Federal mortgage fraud is a serious offense that falls under federal jurisdiction and can lead to substantial penalties, including fines and imprisonment if convicted.

After the mortgage crisis in 2008, federal authorities have become more vigilant in detecting and prosecuting mortgage fraud to ensure economic stability and prevent individuals or businesses from being defrauded. Federal mortgage fraud is a significant offense, and it's essential to take immediate action to navigate the legal process effectively.

Different Types of Federal Mortgage Fraud

Mortgage fraud can encompass various schemes aimed at defrauding federally insured lending institutions. Some common types of federal mortgage fraud include:

Silent Second Schemes: A silent second mortgage refers to a type of secondary loan that is obtained without the knowledge or consent of the primary lender. In this arrangement, the borrower takes out a second mortgage on a property while keeping it hidden from the first mortgage lender. The term "silent" refers to the fact that the primary lender is unaware of the existence of the second mortgage.

Nominee/ Straw Buyer Loans: A "straw buyer" is employed to buy a property on behalf of an investor who wouldn't have been eligible for the loan due to having numerous other property loans. The investor's plan is typically to sell the property at a profit within a few months, but if the market suddenly declines, the investor may default on the loan and become entangled in a property-flipping scheme. Despite the initial legitimate intentions of the scheme, the investor can face fraud charges for the deceptive practices employed to acquire the real estate.

Foreclosure Schemes: This is a fraudulent scheme that takes advantage of homeowners facing foreclosure on their properties. In a foreclosure scheme, individuals or organizations exploit the distressed financial situation of homeowners by offering false promises of assistance or relief in order to defraud them. These schemes often involve perpetrators who pose as foreclosure rescue companies, offering services such as loan modification, foreclosure prevention, or assistance in negotiating with lenders. However, their true intention is to deceive homeowners and unlawfully profit from their vulnerable situation.

Inflated Appraisals: Corrupt appraisers, title companies, and others inflate property values in a series of transactions, allowing individuals to pocket the proceeds.

Penalties for Federal Mortgage Fraud Convictions

The consequences of a federal mortgage fraud conviction can be severe. Depending on the specific charges and circumstances, penalties may include substantial fines, mandatory education or treatment programs, probation, and imprisonment. The intended loss caused by the fraud scheme is often a factor in determining the severity of the penalties.

If you are accused of mortgage fraud, you may face criminal charges under various federal offenses, which include:

Wire Fraud ( 18 U.S. Code § 1343 )
Bank Fraud ( 18 U.S. Code § 1344 )
Money Laundering ( 18 U.S. Code § 1956 )
Conspiracy (18 U.S. Code § 371)
Submitting False Statements (18 U.S. Code § 1001)
False Loan or Credit Application to Federal Agency ( 18 U.S. Code § 1014 )

A conviction for violating 18 U.S.C. § 1014 could result in a maximum prison sentence of 30 years, a fine of up to $1,000,000, or both. It's important to take these charges seriously and seek the guidance of an experienced attorney who can provide effective legal representation and protect your rights.

How Mortgage Fraud Charges Can Be Resolved

When facing federal mortgage fraud charges, various avenues for resolution exist. These may include:

Dismissal by the Prosecutor: If there is insufficient evidence or other legal factors, the prosecutor may dismiss the charges against you. Our experienced attorneys will meticulously examine the details of your case to identify potential grounds for dismissal.

Diversion Programs: In certain cases, diversion programs may be available as an alternative to traditional prosecution. These programs focus on rehabilitation and addressing underlying issues rather than punishment.

Plea Agreement: A plea agreement may be reached between the defense and the prosecution, leading to reduced charges or a lesser sentence in exchange for cooperation or other factors.

Contested Trial: If your case proceeds to trial, our skilled attorneys will diligently represent you, challenge the prosecution's evidence, and present a strong defense strategy on your behalf.

Why Choose McCoy Law Group for Federal Mortgage Fraud Defense

At McCoy Law Group, we have a deep understanding of federal mortgage fraud laws and extensive experience in criminal defense . Our dedicated attorneys will provide you with effective legal representation and strategic guidance throughout the process. We will analyze the evidence, assess your options, and develop a tailored defense strategy to protect your rights and pursue the best possible outcome.

Our empathetic and knowledgeable team will support you every step of the way, ensuring you are well-informed and prepared throughout the legal proceedings. We prioritize your well-being and will fight tirelessly to safeguard your future.

Protect Your Rights with McCoy Law Group

If you are facing federal mortgage fraud charges, it is essential to seek immediate legal representation. Contact the McCoy Law Group today for a confidential consultation . Our experienced attorneys are ready to listen, provide expert legal advice, and fight for your rights.

South Carolina Drug Crimes: Classifications and Possible Resolutions

Tue, 23 May 2023 03:28:39 GMT

Drug crimes in South Carolina are taken very seriously. Even if you have no prior criminal record or if the drugs don't belong to you, you could still face severe punishment when convicted of a drug crime. If you or someone you know is facing drug crime charges, it's crucial to understand the legal implications and your options for defense. At McCoy Law Group, our experienced drug crime lawyer can provide you with the guidance and support you need to build a successful defense and the best possible outcome for your specific situation.

How Drug Crimes are Classified in South Carolina

In South Carolina, drug crimes are classified into different categories based on the type of drug involved and the severity of the offense. These classifications help determine the potential penalties associated with each offense.

Possession of a controlled substance : Being found with illegal drugs, such as cocaine, heroin, methamphetamine, or prescription drugs without a valid prescription.

Drug trafficking: Involves the distribution, sale, or transportation of drugs in large quantities.

Drug manufacturing: The illegal production of drugs, including meth labs or clandestine drug laboratories.

Prescription drug fraud: Illegally obtaining prescription drugs through forgery, fraud, or deception.

The penalties for drug crime convictions in South Carolina vary depending on the specific offense, the type and quantity of drugs involved, and your prior criminal record. Potential consequences can include hefty fines, mandatory drug education or treatment programs, probation, community service, and even imprisonment.

How Can Drug Charges be Resolved?

When facing drug charges, there are several ways your case can be resolved:

Dismissal by the Prosecutor: In some instances, the prosecutor may decide to dismiss the charges against you based on lack of evidence or other factors. An experienced drug crime attorney can work to build a strong defense and advocate for the dismissal of your case.

Diversion Programs: South Carolina offers various diversion programs, such as drug courts or pretrial intervention , which aim to provide rehabilitation instead of punishment. These programs focus on addressing the underlying issues related to drug offenses.

Plea Agreement: In certain situations, a plea agreement may be reached between the defense and the prosecution. This could involve pleading guilty to a lesser charge or receiving a reduced sentence in exchange for cooperation or other factors.

Contested Trial: If the case proceeds to trial, you should retain an attorney to represent you and present evidence to challenge the prosecution's case. A skilled drug lawyer will analyze the evidence, cross-examine witnesses, and present a strong defense strategy to protect your rights.

Charged with a Drug Crime? Have an Experienced Legal Team on Your Side

When charged with a drug crime in South Carolina, it is crucial to have a dedicated and experienced legal team by your side. The McCoy Law Group has a deep understanding of South Carolina's drug laws and extensive experience in criminal defense . We will diligently investigate your case, analyze the evidence, and develop a tailored defense strategy to protect your rights and achieve the best possible outcome.

At the McCoy Law Group, we provide compassionate and comprehensive support throughout the legal process. We understand the stress and uncertainty you may be facing, and we are committed to guiding you every step of the way.

If you or someone you know is facing drug crime charges, we urge you to contact McCoy Law Group today for a confidential consultation. Our experienced attorneys are ready to listen, provide expert legal advice, and fight for your rights. Don't wait - take the first step in building a strong defense by reaching out to us today. Your future is worth fighting for.

Navigating Embezzlement Charges in South Carolina

Mon, 08 May 2023 04:30:14 GMT

Embezzlement is a serious crime that can have significant consequences for those who are accused. If you or someone you know is facing embezzlement charges, it's important to understand the law, your rights, and the options available to mount a strong defense. At The McCoy Law Group, we are here to help you navigate this challenging situation and fight for the best possible outcome.

Embezzlement in South Carolina

Embezzlement is when someone takes money or property entrusted to them without permission. This often happens when someone is in a position of trust, like an employer or organization. It is considered illegal because they are using something that doesn't belong to them in a way that they shouldn't. It is considered a form of theft, and the penalties for an embezzlement conviction in South Carolina can be severe.

In South Carolina, embezzlement is considered a crime of deceit . The severity of the offense and the corresponding penalties depend on the value of the property or funds embezzled. The state classifies embezzlement into different degrees, ranging from petit larceny for lower-value amounts to grand larceny for higher-value amounts.

Penalties for Embezzlement Conviction

Penalties for an embezzlement conviction can include fines, restitution, probation, and even imprisonment. The specific consequences vary depending on the circumstances of the case and the value of the embezzled funds or property.

How to Fight against Embezzlement Charges

When it comes to embezzlement defense, several strategies may be employed depending on the specific circumstances of your case. Possible defenses include challenging the evidence presented by the prosecution, asserting lack of intent or knowledge, questioning the accuracy of financial records, or exploring potential procedural errors or constitutional violations.

At the McCoy Law Group, we understand the complexities of embezzlement cases and have extensive experience in defending individuals facing these charges. Our dedicated team will thoroughly examine the evidence against you, meticulously review financial records, and build a strong defense strategy tailored to your unique situation.

Why Work with McCoy Law Group

There is usually a lot of complex financial and corporate paperwork involved in embezzlement cases. It's important to have a skilled legal team with experience in these matters to properly analyze these documents.

Embezzlement cases often require extensive investigations that can take a long time. These investigations may be conducted by law enforcement, but sometimes they can also involve internal teams or private firms.

Given the complexities involved, it is crucial to have the right legal team on your side if you are facing embezzlement charges. They will provide you with the best guidance and support throughout the process, ensuring that your rights are protected.

If you find yourself in this situation, it's important to reach out to a qualified attorney as soon as possible. Remember, having the right legal support can make a significant difference in the outcome of your case.

Working with McCoy Law Group offers significant advantages when facing embezzlement charges. Attorney Peter McCoy has in-depth knowledge of South Carolina laws and court procedures, and extensive experience in handling white collar criminal charges . He is well known in the South Carolina legal community as a trusted, honorable and ethical trial lawyer, and will tirelessly advocate for your rights, protect your interests, and work towards achieving the best possible outcome for your case.

We understand the stress and uncertainty that comes with facing embezzlement charges. We urge you to reach out to us today for a confidential consultation. By taking swift action and working with McCoy Law Group, you can strengthen your defense and increase your chances of a favorable resolution.

Felony DUI in South Carolina: What You Need to Know

Thu, 27 Apr 2023 14:22:04 GMT

Driving under the influence (DUI) is a serious offense in South Carolina that can have severe consequences. Not only can it lead to imprisonment and fines, but it can also result in a permanent criminal record that can affect your employment prospects and reputation. DUI laws aim to keep our roads safe by penalizing drivers who operate a vehicle while under the influence of alcohol or drugs. While DUI is a misdemeanor in South Carolina, felony DUI is an even more severe offense. If you or a loved one has been charged with felony DUI in South Carolina, it is crucial to contact the McCoy Law Group as soon as possible. Our experienced legal team is here to help you navigate the complex legal process and achieve the best possible outcome for your case.

DUI: Felony or Misdemeanor?

Felony DUI is a crime that involves causing great bodily injury or death to another person while driving under the influence. It is essential to note that not all DUI charges are felonies. DUI is a misdemeanor offense when it involves a blood alcohol concentration (BAC) of 0.08% or higher. However, if the driver's actions cause great bodily injury or death to another person, the DUI charge becomes a felony.

When is DUI a Felony?

In South Carolina, there are two ways that a DUI can be considered a felony : proximate cause and great bodily injury cause. Proximate cause means that the driver's actions were the nearest and most responsible cause of the victim's injury or death. Great bodily injury cause means that the victim suffered significant harm due to the driver's actions. In either case, the charge of felony DUI is severe and carries severe consequences.

It is worth noting that a third DUI offense in South Carolina is also a felony, regardless of whether or not it resulted in great bodily injury or death. The consequences of a third DUI offense can also be severe, including jail time, heavy fines, and a permanent criminal record.

Why Retain an Attorney?

Retaining an experienced attorney is crucial in felony DUI cases. Felony DUI convictions can lead to lengthy prison sentences, heavy fines, and a permanent criminal record . The McCoy Law Group has years of experience in handling felony DUI cases in South Carolina, and we are dedicated to protecting your rights and defending your case.

Trusted Lawyers for Felony DUI in SC

We understand the emotional toll that a felony DUI charge can have on your life. We are here to guide you through the legal process and South Carolina DUI laws, answer your questions, and ensure that your rights are protected. Our legal team has a proven track record of success in felony DUI cases, and we are committed to achieving the best possible outcome for you.

Felony DUI is a severe offense that can have life-changing consequences. If you or someone you know has been charged with felony DUI in South Carolina, contact the McCoy Law Group immediately. Our experienced team of attorneys is here to help you navigate the legal process and defend your rights. Let us put our knowledge and experience to work for you.

When Retaliation Strikes: Protecting Whistleblowers’ Rights

Mon, 03 Apr 2023 14:07:53 GMT

As a whistleblower, you have the right to report tax fraud, and it's important to do so for the good of society. But what happens if you're retaliated against for doing the right thing?

Our firm understands how scary it can be to come forward and report fraud. That's why we want you to know that you have rights and protections under South Carolina law. We also have reliable whistleblower retaliation lawyers ready to fight for you if you experience retaliation.

What is a Whistleblower?

Whistleblowers are individuals who report illegal or unethical conduct by their employers or others, and they play a crucial role in holding wrongdoers accountable.

Many potential whistleblowers can be apprehensive about taking on the role for fear of retaliation. Employers may retaliate against the whistleblower and use their power to put whistleblowers at a disadvantage.

Whistleblower Retaliation Examples

Whistleblower retaliation can take many forms, such as losing your job, being demoted, or being harassed at work. But you don't have to suffer in silence. You can fight back with the help of our experienced attorneys .

At the McCoy Law Group, we have extensive experience representing whistleblowers who have faced retaliation. Contact us today for a free consultation to discuss your case and learn how we can help you. Remember, as a whistleblower, you have rights and protections under the law, and we are here to help you assert them.

The South Carolina False Claims Act

In South Carolina, whistleblowers who report tax fraud or other misconduct are protected under the South Carolina False Claims Act (SCFCA). This law allows individuals to file lawsuits on behalf of the government to recover funds lost due to fraud and provides strong protections for whistleblowers who report such fraud.

In South Carolina, you also have both common law protections and statutory protections as a whistleblower. This means that if you're retaliated against, you may be able to sue your employer for damages. Additionally, you may be able to file a complaint with the Occupational Safety and Health Administration (OSHA) or the South Carolina Human Affairs Commission (SCHAC) for relief.

In addition to state law protections, there are also federal claims available to whistleblowers. The False Claims Act (FCA) is a federal law that provides protection to whistleblowers who report fraud against the federal government. The FCA allows individuals to file lawsuits on behalf of the government and provides rewards to whistleblowers who bring successful claims.

If you're a federal employee, you're also protected by the Whistleblower Protection Act (WPA), which prohibits retaliation against federal employees who report wrongdoing.

How Can an Attorney Help?

If you have experienced retaliation as a whistleblower, it is important to contact an attorney with experience in whistleblower protection. An experienced attorney can help you in several ways.

An attorney can guide you in understanding your rights under the law and the legal options available to you. An attorney can assist you in filing a complaint or lawsuit against your employer, and represent you in court if necessary.

Emotional and mental support is crucial during what can be a stressful and difficult time. They can also help protect you from further retaliation by taking steps such as requesting a restraining order or seeking an injunction.

Our attorneys can help you recover damages for any harm you may have suffered as a result of the retaliation. This can include compensation for lost wages, emotional distress, and any other damages incurred.

Get Strong Legal Support to Fight Retaliation

If you've experienced retaliation for blowing the whistle, don't hesitate to contact McCoy Law Group . We're here to help you understand your rights and options, and we'll fight tirelessly to protect you from further harm.

Remember, reporting fraud is the right thing to do, and you don't have to face the consequences alone. We're here to support you every step of the way.

Tax Whistleblower Cases: Why Blow the Whistle?

Wed, 15 Mar 2023 13:57:30 GMT

Tax fraud is a serious crime that can cause significant damage to the economy, and those who commit it can face hefty fines and even jail time. Fortunately, the law provides a way for individuals who have information about tax fraud to report it to the authorities and receive a reward for doing so. These individuals are called tax whistleblowers, and they play a crucial role in helping to identify and prosecute tax fraud.

At the McCoy Law Group, we understand the importance of tax whistleblowers in uncovering tax fraud, and we are committed to helping individuals who have information about tax fraud to come forward and report it. Peter McCoy, the founder of our firm, is a seasoned attorney who has spent his career fighting for justice and upholding the law. As a former United States Attorney and former member of the South Carolina State House of Representatives, he has the experience and expertise needed to help whistleblowers navigate the complex process of reporting tax fraud.

Why Blow the Whistle?

Reporting tax fraud is important for several reasons. First and foremost, it is the right thing to do. Tax fraud is illegal and can have significant consequences for individuals, businesses, and society as a whole. By reporting tax fraud, whistleblowers are helping to ensure that everyone pays their fair share of taxes, which is crucial for funding important government programs and services.

Secondly, reporting tax fraud can help protect whistleblowers and other innocent parties from being implicated in illegal activity. If tax fraud is occurring within an organization or business, it could put everyone involved at risk of facing legal action or damage to their reputation. By reporting fraud, whistleblowers can protect themselves and others from these negative consequences.

The Reward for Reporting Tax Fraud

Finally, reporting tax fraud can lead to significant financial rewards for whistleblowers. The IRS offers monetary awards to individuals who report tax fraud that results in the collection of unpaid taxes.

The IRS whistleblower reward is based on a percentage of the amount of money the government recovers as a result of the whistleblower's information. The percentage can range from 15 to 30 percent, depending on the specifics of the case. This reward can be substantial as the collected amount of money could reach millions, and it provides a strong incentive for individuals who have information about tax fraud to come forward and report it.

Get Strong Legal Support from an Experienced IRS Whistleblower Attorney

It is important to contact an attorney if you have information about tax fraud and want to blow the whistle . An attorney can help you navigate the complex process of reporting tax fraud to the authorities and ensure that your rights are protected throughout the process. The attorney can also help you negotiate a reward and ensure that you receive the maximum possible reward for your information.

If you have information about tax fraud, we encourage you to come forward and report it. Not only is it the right thing to do, but you could also receive a substantial reward for your information. Our firm is committed to helping whistleblowers navigate the process of reporting tax fraud. We have the expertise and experience needed to ensure that your rights are protected and that you receive the maximum possible reward for your information. Contact us today to schedule a consultation and learn more about how we can help you blow the whistle on tax fraud.

The Importance of Product Liability Cases

Wed, 01 Mar 2023 14:46:12 GMT

Product liability is an area of law that holds manufacturers, distributors, and sellers responsible for placing dangerous or defective products on the market. When these products cause someone to get hurt or injured, product liability lawsuits are legal actions that the injured parties can take against those responsible. Peter McCoy and the McCoy Law Group represents clients who have been injured as a result of defective products, and we fight to ensure that our clients receive the compensation they deserve.

If you or someone you know has been injured due to a defective product, it is important to contact a product liability attorney as soon as possible. At the McCoy Law Group, we offer free consultations to potential clients, and we can help you determine whether you have a valid claim. We encourage you to contact us today to discuss your case and learn more about your legal rights.

What is a Product Liability Lawsuit?

A product liability lawsuit is a legal action taken against a manufacturer, distributor, or seller of a product that caused harm or injury to a consumer. The purpose of a product liability lawsuit is to hold the responsible party accountable for the harm caused by their product and to provide compensation to the injured party for their losses.

Product liability claims can arise from a wide variety of products, including consumer products, medical devices, pharmaceuticals, and vehicles. In South Carolina, product liability claims can be filed under the theories of strict liability , negligence, or breach of warranty.

Why File a Suit?

PThe main reason to file a product liability lawsuit is to hold manufacturers accountable for their dangerous or defective products. When manufacturers put profits before people and release unsafe products into the market, innocent consumers can be seriously injured or even killed. By filing a product liability lawsuit, injured parties can seek justice and hold the responsible parties accountable for their actions.

In addition to holding manufacturers accountable, product liability lawsuits also provide injured parties with the opportunity to receive compensation for their injuries. The compensation that can be awarded in a product liability lawsuit can include medical expenses, lost wages, pain and suffering, and other damages.

What is a Product Liability Lawsuit?

A product can be defective in several ways. The three most common types of product defects are design defects, marketing defects, and manufacturing defects.

A design defect occurs when a product is inherently dangerous due to its design. In other words, the product is dangerous even if it is manufactured and marketed correctly. Examples of design defects include a vehicle with a defective braking system or a medical device with a faulty design.

Marketing defects occur when a product is marketed improperly or without adequate warnings. This can include failing to warn consumers of known risks associated with the product or making false claims about the product's safety or effectiveness.

Manufacturing defects occur when a product is made incorrectly, resulting in a product that is more dangerous than intended. Examples of manufacturing defects include a drug that is contaminated during the manufacturing process or a consumer product with a missing safety component.

McCoy Law Group: Trusted Product Liability Lawyers

The McCoy Law Group has extensive experience representing clients in product liability cases. We are committed to holding manufacturers accountable for their dangerous and defective products and ensuring that our clients receive the compensation they deserve. If you or someone you know has been injured due to a defective product, we encourage you to contact us today for a free consultation. Together, we can fight for justice and hold manufacturers accountable for their actions.

How to report charity scams

Fri, 17 Feb 2023 17:26:28 GMT

Charity scams are fraudulent schemes where individuals or organizations falsely claim to be a charity in order to solicit donations from unsuspecting individuals. If you suspect that you have been a victim of a charity scam, it is important to report it to the appropriate authorities.

To report a charity scam, you can contact the following organizations:

Your local police department: They can take a report and start an investigation into the scam.
The Federal Trade Commission (FTC): They can help you file a complaint and provide information about how to avoid future scams.
The Internal Revenue Service (IRS): If the scam involves a false tax-exempt charity , the IRS can take enforcement action against the individuals or organizations responsible.

If you have been a victim of a charity scam, you may also want to consider contacting a qui tam lawyer. A qui tam lawyer specializes in handling cases where an individual has information about fraud being committed against the government, and they can help you report the fraud and seek compensation.

A qui tam lawyer can help you navigate the complex legal process of reporting a charity scam, and can assist you in collecting and presenting evidence to support your case. They can also help you understand your rights and obligations, and provide representation in court if necessary.

A Qui Tam lawsuit is a legal action filed by whistleblowers who report instances of fraud. Such lawsuits are filed "under seal," meaning that they are not available to the public, to allow the government to investigate the allegations. In a Qui Tam lawsuit, the plaintiff, or the individual bringing forward the information, is suing both on behalf of the government and for themselves.

Get Justice with Peter McCoy

If you suspect that you have been a victim of a charity scam or if you work within or with an organization, it is important to report it to the appropriate authorities and consider seeking the assistance of a qui tam lawyer. A qui tam lawyer can help you effectively report the fraud and seek compensation for any damages you may have suffered. If you are considering blowing the whistle on any wrongdoing, it's important to seek the guidance of an attorney with expertise in representing whistleblowers. The legal complexities surrounding these types of lawsuits require strict adherence to both Federal and State False Claims Act guidelines, and failing to comply with these laws may lead to the loss of the case or the plaintiff's reward money.

Peter McCoy, a former US attorney who has successfully litigated against major South Carolina healthcare providers, is uniquely qualified to represent you in such matters. Click here to contact the McCoy Law Group today .

South Carolina’s Gambling Laws and Criminal Charges

Tue, 31 Jan 2023 17:11:12 GMT

Gambling charges in South Carolina can result from a variety of activities, including operating an illegal gambling operation, participating in illegal gambling activities, and using the internet or crossing state lines to engage in illegal gambling. These charges can carry severe penalties, including fines, imprisonment, and the forfeiture of property used in the commission of the crime. These laws, while relatively strict, can be complex and difficult to understand.

In South Carolina, gambling is defined as any activity where someone stakes or risks something of value upon the outcome of a game, contest, or any other event that is determined by chance or skill. This definition encompasses a wide range of activities, including traditional casino games, sports betting, and even certain types of online gaming. It is important to understand that even if an individual did not operate the illegal gambling operation, they can still face charges for participating in the activity. For example, if someone is caught playing cards for money in a private home, they can still be charged with a crime.

While some forms of gambling, such as the state lottery and certain charitable events, are legal in South Carolina, many others are strictly prohibited. It is illegal to operate any type of commercial gambling operation, such as a casino, and it is also illegal to participate in illegal gambling activities, such as playing cards for money in a private home.

Penalties for violating South Carolina's gambling laws can be severe and can include fines, imprisonment, and the forfeiture of property used in the commission of the crime. In some cases, individuals may also face federal charges if the illegal gambling operation involved the use of the internet or crossed state lines.

Why hiring an attorney for gambling charges is essential

As a criminal defense attorney, Charleston Attorney Peter McCoy helps clients navigate these complex laws and defend their rights. Our firm works tirelessly to gather evidence, interview witnesses, and build a strong defense strategy to challenge the charges against my clients. Our goal is to help our clients achieve the best possible outcome in their case, whether that means negotiating a plea bargain, fighting for a reduction in charges, or taking the case to trial.

It is important to understand the laws surrounding gambling in South Carolina and the potential consequences of violating these laws. If you or someone you know has been charged with a gambling-related offense, it is important to seek the guidance of an experienced criminal defense attorney.

Even if an individual did not operate the illegal gambling operation, they can still face charges for participating in the activity. For example, if someone is caught playing cards for money in a private home, they can still be charged with a crime.

When facing gambling charges in South Carolina, it is crucial to have a strong and experienced criminal defense attorney on your side. An attorney can help you navigate the complex laws surrounding gambling and build a strong defense strategy to challenge the charges against you. They can also help negotiate a plea bargain, fight for a reduction in charges, or take the case to trial if necessary.

If you or someone you know has been charged with a gambling-related offense in South Carolina, it is important to seek the guidance of a qualified criminal defense attorney as soon as possible. An attorney can help you understand your rights, build a strong defense, and protect your interests throughout the legal process .

Common Rent Fraud and Scams

Sat, 31 Dec 2022 17:20:26 GMT

Our firm has seen a number of common scams and frauds that target individuals looking for rental properties. These scams can cause significant financial harm and emotional stress, and it is important for renters to be aware of them and to know their rights.

One of the most common scams is the fake rental listing scam. In this scam, a fraudulent landlord will advertise a rental property online, typically at a very low price, and then ask for a deposit or rent payment in advance. Once the payment has been made, the scammer will disappear, leaving the renter without a home or their money.

How some fraudsters pose as landlords

Another common scam is the rental property identity theft scam. In this scam, a fraudster will steal the identity of a legitimate landlord and use it to advertise a rental property online. They will then ask for a deposit or rent payment in advance and use the renter's financial information to steal their money.

Rental property identity theft is a scam that involves fraudsters who steal the identity of a legitimate landlord or property management company. They then use this stolen identity to advertise rental properties online, typically at a low price, and collect deposits or rent payments in advance from unsuspecting renters.

In this scam, the fraudster will create fake rental listings on websites such as Craigslist or Zillow, using stolen photos and descriptions of real properties. They may also create fake email addresses and phone numbers to communicate with potential renters.

Once they have attracted a victim, the fraudster will ask for a deposit or rent payment in advance, often via wire transfer or prepaid debit card. After the payment has been made, the fraudster will disappear, leaving the renter without a home or their money. In some cases, the fraudster may also use the renter's financial information to steal their identity or commit other crimes.

Rental property identity theft scams can cause significant financial harm and emotional stress for renters. In addition to losing money, renters may also have difficulty finding a new rental property, as the scam can damage their credit and reputation.

It is important for renters to be aware of rental property identity theft scams and to know how to protect themselves. Renters should be cautious of rental listings that seem too good to be true, such as properties advertised at significantly lower prices than comparable properties in the area. They should also be wary of landlords or property managers who ask for rent or deposit payments in advance, especially if they are unable to show the property in person or provide a legitimate lease agreement.

Renters can protect themselves by verifying the identity of the landlord or property manager before making any payments. This can be done by checking the property owner's information through public records or by contacting the real estate company or local property management office to verify the legitimacy of the listing. Renters can also use secure payment methods, such as personal checks or credit card payments, to reduce the risk of fraud.

Other forms of rent frauds

Renters can also be targeted by fraudsters who pose as property management companies and ask for an upfront fee for credit checks, background checks, or other services. These fees can be substantial, and renters may never hear from the fraudster again once they have received the payment.

In some cases, renters may also be targeted by unscrupulous landlords who engage in illegal practices such as rent gouging, retaliation, or harassment. Renters have rights under the law, and it is important for them to understand these rights and to know how to protect themselves.

Get a former US Attorney on your side

Our Charleston criminal defense law firm can help renters who have been the victims of these scams and frauds. We can work to gather evidence, interview witnesses, and build a strong defense strategy to challenge the scams and fraudulent activity. Our goal is to help our clients get the justice they deserve.

It’s important for renters to be aware of common scams and frauds and to know their rights. If you or someone you know has been the victim of a rental scam or fraud, it is important to seek the guidance of an experienced criminal defense attorney as soon as possible. An attorney can help you understand your rights, build a strong defense, and protect your interests throughout the legal process.

What is a grand jury investigation? - South Carolina Criminal Defense

Wed, 30 Nov 2022 17:14:27 GMT

If you have learned that you or a family member are the subjects of a grand jury investigation, it’s likely your mind is racing with questions and uncertainty. Let’s take a look at what exactly a grand jury investigation is, who is involved and what you should do if you learn you are the subject of such an investigation.

A grand jury investigation is a process by which state prosecutors present cases to a seated grand jury. This grand jury is composed of South Carolina citizens who are summoned and serve as grand jurors for a total of two years.

As the state collects evidence to build its case they can issue subpoenas to relevant witnesses and compel their testimony before the grand jury. Further, they can subpoena and compel the production of documents related to the case for presentation to the grand jury.

These grand jurors listen to the cases presented by the state prosecutors and then determine whether or not there is sufficient evidence to issue charges or an indictment against an individual. The investigation hearing takes place in private and no judge is present for this proceeding.

Under South Carolina law, the grand jury has jurisdiction to investigate and indict criminal activity including:

• Multi-county narcotics conspiracies ,

• criminal gangs ,

• public corruption crimes ,

• securities fraud cases,

• human trafficking crimes,

• environmental crimes,

• election fraud issues,

• computer crimes, and

• money laundering offenses

If you receive an indictment or learn that you are the subject of a grand jury investigation, hiring defense counsel is your next step. An experienced criminal defense attorney will begin working on your half to challenge the proceedings, obtain documentation and evidence used during the proceedings and begin building a defense on your behalf. Obtaining representation helps to reduce your stress, bring some peace of mind, and help you to understand the next steps.

You need aggressive representation when facing a grand jury in South Carolina

Attorney Peter McCoy ’s background as a federal prosecutor gives him the advantage of understanding how the prosecutors think and likely approached your case. He is able to use that experience and knowledge to build a strong defense and find the holes in the case they have built.

Let our experience work on your behalf, contact us today.

You’ve been charged with fraud, now what?

Wed, 30 Nov 2022 17:07:07 GMT

How a South Carolina fraud attorney can help

If you were arrested and charged with fraud, you likely are wondering what happens next.

Following your arrest, first appearance, and post-bond release, you need to contact and engage an experienced criminal defense attorney. Engaging an attorney as soon as possible will help to protect your rights, provide you guidance and help to reduce your stress about the process.

When you first meet with your attorney, they will help to determine exactly what you have been charged with and the severity of each charge. Further, they will guide you about what level of cooperation is required and advise you on what information you should and should not provide to the authorities. An experienced attorney will help to put your mind at was and will be able to answer your questions about the process, the timeline, and the possible outcomes.

After meeting with you, your attorney will work to gather as much information as possible about the charges against you. They will have conversations with the state or district attorney's office on your behalf and will review your prior criminal record. All of this information will help your attorney to formulate a proper defense, the strength of the state’s case, and the potential for any plea offerings.

Maintaining communication with your attorney throughout this process is critical. Your attorney will advise you regarding the conversations they have related to your case and will provide you with information about any upcoming court dates. They will talk you through exactly what to expect at each step of the process and will be able to prepare you for any testimony you will provide.

The penalty for fraud cases varies but can include fines, probation, jail time, and/or restitution. It’s important to understand that fraud cases not only include punishment through probation or jail but also require the payment of restitution. You will be ordered by the court to pay back any amount obtained through fraudulent means to the affected party.

Do you want a former US Attorney by your side? - Charleston Criminal Defense Lawyer

Your case is unique and needs to be reviewed by a knowledgeable criminal defense attorney before they can tell you what your situation is. Depending on your circumstances there’s different ways to push for a drop in charges, alternative solutions, or a plea bargain. If necessary, going to trial is also an option.

The McCoy Law Group is headed by Peter McCoy . Peter is an native South Carolinian. He’s got over 20 years of experience at all levels of the state’s legal system. He’s a former state legislator and US Attorney. If you have been charged with fraud and need an experienced criminal defense attorney on your side, contact us today.

3 Most Famous False Claims Act Cases

Wed, 30 Nov 2022 17:00:51 GMT

In 2021 alone the Justice Department obtained over $5.6 billion dollars in False Claims Act settlements and judgments. These high-dollar recoveries often include companies with products that most of us are familiar with. Let’s take a look at three of the most famous False Claims Act settlements and what the company was required to pay as a result of their fraud.

What is the False Claims Act?

If you suspect a company or employee of illegally stealing from the government it is vital to consider your role as a whistleblower. This is where the False Claims Act comes in. Both State and Federal governmental agencies have a broad power to investigate and try companies and businesses when they defraud a public entity or program. However, a key component of many of these cases is an insider stepping up to seek justice.

Coming forward and accusing a private company of being complicit in misconduct is not something that comes easily. However, this is incentivized and punishment from that corrupt company is illegal. You need however a False Claims attorney to help guide you through the system.

GlaxoSmithKline

GlaxoSmithKline, the well-known pharmaceutical company, paid out a whopping $3 Billion dollar settlement in 2012 for pharmaceutical fraud. The company pled guilty to two counts of misbranded drugs into interstate commerce and one count of failing to report safety data about the drug Avandia to the FDA. GlaxoSmithKline paid $1 billion for their criminal charges and another $2 billion dollars to resolve their civil liabilities with the federal government.

Pfizer

Pfizer, the drug giant and now covid vaccine provider, settled with the Department of Justice in 2009 for $2.3 billion dollars. Pfizer was illegally promoting certain pharmaceutical products and labeled the drug, Bextra, for uses not approved by the FDA. The 2.3 billion dollar settlement covered the criminal and civil liabilities of the company .

A South Carolina Judgement for Corruption

More recently and closer to home, the Department of Justice obtained a $140 Million judgment against South Carolina Pain Management Clinics, Drug Testing Laboratories, and a Substance Abuse Counseling Center. Chiropractor, Daniel McCollum, owned or operated all of the facilities involved and was providing illegal financial incentives to providers to induce their referrals of urine drug tests. This practice specifically violates the Stark Law and the Anti-Kickback Statute. Both laws are intended to prevent financial incentives for improperly influencing medical decision-making.

Former employees of pain management clinics owned or operated by Daniel McCollum brought the information to the Department of Justice under the False Claims Act. A settlement, in this case, was reached in September of 2021 .

Our Firm Can Help You - South Carolina Whistleblower Representation

If you suspect a company or employee of illegally stealing from the government, both state and federal, it is vital to consider your role as a whistleblower and bring this information forward. With experience representing whistleblowers and as a former US Attorney, Peter McCoy, is the attorney you representing you and your claims. Contact us today at 843-459-8835 for a consultation if you believe you have a case.

Sentencing Guideline for White Collar Crime

Wed, 20 Jul 2022 20:00:53 GMT

White collar crime is an umbrella term that’s synonymous with things like finances , taxes, business, and healthcare . If you’re charged with any white collar crime you could face some serious consequences. A conviction could change your future and ruin your career. Years of prison, monetary losses, fines, restitution, and legal restrictions are all possible.

Criminal Penalties for White Collar Crime

Criminal penalties vary depending on the specifics of a situation. Most laws allow for a mixture of fines, prison time, and other remedies. Federal guidelines are used by the courts to see what a potential sentence can be. These vary by jurisdiction. Sometimes judges have very little discretion. Guidelines take into account the nature of the crime, those affected, the monetary loss, and other factors.

Civil Penalties and Liability

The government, victims, or both could level a civil suit from a criminal investigation or prosecution. What the government seeks from these suits is known as disgorgement . Essentially, they believe the assets an individual or business owns are illicit and thus they want them to be compelled to give them up. Asset forfeiture is also possible. Victims can also file suit and seek recovery for financial loss.

Additional Consequences of a Conviction

Even though the nature of these crimes means they’re usually non-violent, a conviction still results in felon status. Additionally, a person can be barred from certain organizations or professions if they committed and were convicted of certain crimes. What does this mean? Being a felon might cause issues with professional licenses like those required to practice law. These types of convictions can also be tied to being barred from operating certain businesses or participating in certain industries.

What to do if charged in South Carolina

The potentially devastating effects of a civil and criminal suit on someone’s life and business means that the best thing you can do is contact a criminal defense lawyer. An attorney like Peter McCoy can guide you toward the best possible course of action. Contact us today at 843-459-8835 .

Tax Fraud and Tax Evasion - South Carolina White Collar Crime

Mon, 04 Jul 2022 19:50:28 GMT

Can negligent errors cause tax fraud charges? Yes. Legitimate businesses and business people can face serious state and federal charges relating to their income, taxes, and expenses. In 2020 over a dozen people faced tax evasion charges relating to their employers tax filing practices. And, in 2022 a major operation charged a dozen people in South Carolina also with tax related fraud. Now, while these two stories highlight some major criminal charges, small businesses and individual South Carolina residents can also come under scrutiny. Even if you have an accountant, or if you do taxes yourself, the mistakes might not be apparent. A mistake can be taken the wrong way and you could face tax evasion charges.

What is Tax Fraud and Tax Evasion?

There are ways to fight these charges. Even honest mistakes are illegal and can be penalized by state and federal tax authorities. If your situation is due to someone else’s mistakes or through unknowing actions, you have options. Tax evasion can be: neglecting to file a tax return, misrepresenting deductions, or making false statements regarding taxes. Tax evasion can also be evading the assessment of taxes or evading the payment of taxes.

Avoiding the assessment of taxes might look like underreporting income or overreporting deductions. Avoiding payment can be construed as having the funds but unwilling to hand them over.

What are the penalties?

Tax evasion is a white collar crime. White collar crimes are categorized by their usually non-violent nature. They are also usually financial in nature. Partly for these reasons and unfortunately for those who are facing them, the consequences of a conviction include heavy fines.

South Carolina’s felony tax evasion offenses come with up to 3 years of jail time and $10,000 in fines. Federal tax evasion charges are more punitively prosecuted. Fines of $100,000 can be levied against individuals. Prison time is always a possibility.

Tax authorities could do a variety of things if you’re charged with these crimes. They could forcibly seize assets, freeze bank accounts, and shut down your businesses. Avoiding these things while you’re fighting these charges is one of the benefits of retaining a strong criminal defense legal team.

Who We Are - South Carolina White Collar Lawyers

The McCoy Law Group is headed by Peter McCoy. Peter is an native South Carolinian. He’s got over 20 years of experience at all levels of the state’s legal system. He’s a former state legislature and US Attorney. If you’ve got a criminal defense issue he can guide you towards the best solution. Contact us today.

How to File a Class Action Lawsuit

Wed, 15 Jun 2022 19:43:32 GMT

What is a Class Action?

When a broad group of people are harmed by the actions of a group, organization, or company, they can band together and sue collectively. This is known as a class action lawsuit.

There are plenty of famous examples of these types of lawsuits. The entity being sued does not necessarily have to be private. Brown v. Board of Education, the landmark Supreme Court decision which desegregated schools, was a class action suit of black parents against the local board of education.

A more recent major class-action was settled in 2019. Wells Fargo unduly forced its customers to take out car insurance when they applied for car loans. This forced hundreds of thousands of customers to face financial troubles. Wells Fargo settled and paid out almost $400 million.

Perhaps the largest class action is the Tobacco Master Settlement Agreement . 46 state Attorney Generals banded together and collectively sued the major players of the tobacco industry. The settlement reached in the hundreds of billions of dollars.

In this article we’ll go over some of the common questions regarding class-action suits. If you have any questions contact our offices at 843-459-8835. To be successful in pursuing a class action or joining one you need an attorney with experience handling high stakes cases. Learn more about Peter McCoy’s 20+ years of experience by clicking here .

How many people are needed for a Class Action lawsuit?

Judges have certain discretion when it comes to the ‘numerosity’ of a class-action. What does this mean? Generally, when there are more than 40 plaintiffs a judge will certify the numerosity of a suit. If there was less than that then they have discretion in hearing the case. If the case is large, say with more than 100 plaintiffs then it can be heard in federal court.

All members of the class, that’s to say all the plaintiffs, need to have suffered very similar damages to be able to join the suit. In other words, the financial or physical damages that are being claimed as part of the lawsuit must have uniformity throughout the class members.

Class members, the plaintiffs of a suit, are represented in their interests not just by their legal counsel but also by their class representative. A class representative is a plaintiff who’s damages are typical of the class and who’s able to properly defend the class’ best interests.

What is Wire Fraud?

Wire Fraud, along with Mail Fraud, are what federal prosecutors most use when trying to land convictions. Why? Wire and Mail Fraud can be punished severely. A person could get up to 30 years if convicted.

Wire Fraud, like its counterpart, requires a scheme to defraud and many of the same provisions. But, it needs an interstate use of wire transmissions like email, phone, text, or fax.

How do you join a Class Action Lawsuit?

To make a long-answer short, you do not need to do anything to join this type of suit. Each case is unique but in a typical case, after a judge has certified that the case can move forward, a potential class member will be contacted. This means that if the case is approved to proceed, then people who might have been affected by the potential wrongdoings of an organization will be contacted. This might be through mail, email, calls, etc. This notice will explain the dimensions of the case, the relief which is being sought, and what you would need to do if you want to join.

How long do class actions take?

Class action lawsuits are civil matters. They can usually be resolved in one of two ways: There is a settlement between the plaintiffs and the defendant(s) or the court hands down a judgment after a trial. Going to trial is usually not how class action suits are resolved.

These suits are not speedy. There is no definitive way to say how long a suit will go on. Even when the evidence is stacked against the defendant(s) it's hard to say if a suit will go to trial and be dragged out. Anywhere between ten months and over two years is a conservative estimate of how long these cases will take. Still, there’s benefits to cases being initiated as class actions rather than individual suits. We’ll get to that in another article.

What is Fraud

Wed, 01 Jun 2022 19:32:49 GMT

Fraud is the intentional misrepresentation of the truth for the purpose of gaining something of value from someone else. In other words, when a person lies to gain something of value. There are many different forms of fraud. Usually, a fraud crime has one of these elements:

- Misrepresentation of a material fact

- Intention of deceit

- Second-party believed the misrepresentation

- Second-party suffered damages due to misrepresentation

A lack of lying is not enough to escape a fraud charge. Omitting the truth is also misrepresentation.

Criminal charges for fraud deal with more than misleading or omitting truths. These charges are usually the subject of an investigation by state or federal agencies. Sometimes authorities look for repeated patterns of suspicious activity. If you’ve been charged, or are under an investigation, you need a criminal defense lawyer by your side unless you want to end up dealing with some serious consequences.

What is Mail Fraud?

Some charges of fraud are state offenses, some are federal offenses, and some can be both. Mail Fraud is a federal offense. Mail Fraud is defined under 18 USC 1341 . To be convicted of Mail Fraud, someone needs to:

- Be engaged in a scheme to defraud

- There must be material misstatements or omissions

- The scheme would have resulted in the loss of money, property, or honest services

- The U.S. Mail must have been used

The use of the mail does not even need to cross state lines. Mailing that occurs totally within one state can still be enough to be charged with this crime.

What is Wire Fraud?

Wire Fraud, like its counterpart, requires a scheme to defraud and many of the same provisions. But, it needs an interstate use of wire transmissions like email, phone, text, or fax.

What is Bank Fraud?

Bank Fraud is using deception to deprive a bank or financial institution of money or assets. Bank Fraud usually involves a deliberate scheme which is created to defraud the bank of money.

There are many actions that can be considered bank fraud, these can be for example:

- Forgery

- Fraudulent loan applications

- Bank impersonation

- Accounting fraud

Bank Fraud can lead to serious consequences for those convicted. Fines and prison time are almost guaranteed. Fines can reach in the millions and jail time up to 30 years.

Like the other types of fraud detailed above, Bank Fraud convictions come because prosecutors successfully proved that a person willfully and purposefully committed fraud. In other words, their actions must have been committed with the fraud in mind, while misrepresenting or omitting facts, for the goal of some sort of financial gain.

What is Embezzlement Fraud?

Yes, embezzlement is fraud. This type of fraud includes a person misusing funds given to them. Embezzlement typically looks like a person in a company, in charge of a certain amount of money, using that money for personal gain. For example, a company’s account creates false receipts or bills in order to funnel money entrusted to them for personal expenses, or expenses not explicitly within their purview.

What is PPP Fraud?

PPP Fraud is a new form of fraud. It can happen in different ways. For example, a business owner, or person, can claim to have an inflated amount of people on their payroll, they can claim ghost employees, or claim false revenue. All of this could constitute PPP Fraud. You can read more about this kind of fraud by clicking here .

Is Fraud a Felony?

Federal charges for fraud like Wire Fraud, Mail Fraud, and Bank Fraud are all felonies. PPP related fraud charges are also felonies. This means a person could be left dealing with thousands if not hundreds of thousands of dollars in fines and restitution. It also means possible jail time of over 20 years.

When you need expert criminal defense representation: Call Peter McCoy .

Money Laundering - South Carolina Criminal Defense

Mon, 16 May 2022 19:01:07 GMT

Money Laundering is the way in which money from illegitimate sources is turned into seemingly legitimate revenue. By hiding the origin of the money through complex financial procedures money is deemed ‘washed’ or ‘clean.’

Money Laundering, like many other white-collar crimes, involves a process of complex financial and banking instruments being used. Not all lawyers are capable or knowledgeable in defending someone accused or charged of this.

Peter McCoy and the McCoy Law Group have both the experience and knowledge to defend you or your business. Peter has been a US Attorney in South Carolina, as well as a State House Representative. Few other attorneys have the experience Peter offers.

Defenses to Money Laundering

Conspiracy involves both an attempt (or plan) and an execution of a criminal act. Essentially, a crime, which is planned by more than one person, does not actually need to occur to be charged with conspiracy.

If you’ve been charged with money laundering that means that an extensive investigation has probably taken place. Every last detail of your case needs to be analyzed by our expert attorneys. There are always legal avenues that we can explore and strategies to get your defense on its best footing.

The typical money laundering scheme involves 3 stages . The first is the structuring stage. Cash which has been ill-gotten goes into a bank account connected to a legitimate business. The second stage is called layering. At this step of the process layers are created so that the origin of the cash cannot be traced. The last step is integration. Integration involves putting the money that has been laundered back into circulation. What does this mean? Essentially at this step of the process the money can actually be used.

South Carolina Lawyer with 20 years experience - McCoy Law Group

Peter McCoy has over 20 years of legal experience in South Carolina. From working with local district attorneys to being the US Attorney for South Carolina based out of Charleston he has an almost unmatched level of expertise in South Carolina. If you’re facing money laundering accusations or charges – contact us today .

What are Conspiracy Charges in South Carolina?

Mon, 02 May 2022 18:51:36 GMT

White-collar crime is not a single charge. It is a term used to describe a list of different crimes. These crimes are lumped together because of two overarching themes. The first being the motive for the crime. The motive is powered by money. The second is the means. White-collar crimes are usually not accomplished through force or violence. So, if a white-collar crime is just a type of crime then which charges can be labeled as such? One of them is conspiracy.

Not only do these crimes get lumped together when defining them or giving examples but also when someone is charged. A fraud charge like wire fraud is sometimes tied to other charges like mail fraud and conspiracy.

Conspiracy is defined as two or more people working together to plan, or execute, a crime. So, like with other white-collar crimes, this charge of conspiracy usually entails a scheme or fraud. A conspiracy charge can be a felony or misdemeanor. People who are charged with this crime can often face multiple charges. Conspiracy charges are not easy for a defense attorney to handle. You need to trust a capable, white-collar crime attorney, with years of experience to defend you.

Peter McCoy has over 20 years of legal experience in South Carolina. He is a former US Attorney and State Representative. Peter’s experience is matched by few and his dedication to your rights are what drives him.

How South Carolina Defines Conspiracy?

Conspiracy comes with two elements. Both elements need to be proven by the prosecution to get a conviction. These elements are:

- An agreement between two or more individuals or entities to accomplish an illegal task or reach a goal through illegal methods.

- The intent of all parties involved in accomplishing the conspiracy’s goals.

Note that these elements can vary slightly. Also, note that a conspiracy does not have to be strictly between individuals. Two or more companies or organizations can conspire towards a goal as well.

McCoy Law Group - South Carolina Criminal Defense

If you’re facing allegations or charges related to conspiracy or any other white-collar crime contact our firm today. Schedule a consultation with Peter McCoy by calling 843-4598835. The McCoy Law Group can help you handle any variety of criminal charges, let your side of the story be told – contact us today .

What is Insurance Fraud? - South Carolina Criminal Defense

Tue, 05 Apr 2022 12:15:25 GMT

Insurance Fraud is a charge that can carry severe consequences if someone is convicted. A conviction, even an accusation, of fraud can seriously affect your life, career, and family. There are both state and federal charges that can be brought against someone for this type of fraud.

Peter McCoy can help you fight these charges. Peter has dealt with numerous fraud charges as both a prosecutor and a criminal defense lawyer. He knows the ins and outs of the law and how investigators and prosecutors work. If you are located in Charleston or anywhere in South Carolina contact us today to get started with your defense.

Is Insurance Fraud a Felony?

Insurance Fraud is an umbrella term. Although there are statutes on the books that pertain to insurance fraud there can be more than one charge brought forth as part of an investigation or a whistleblower’s claim. What does this mean? It means that if you are being targeted by prosecutors you can be charged with both felony and misdemeanor charges. This is serious. Felony charges can come with large fines, restitution, jail time, and more. You might be forced to resign from professional organizations and you can lose the ability to possess a firearm.

Insurance Fraud Penalties

Insurance fraud is the act of deceiving an insurance company for a personal monetary benefit. Insurance fraud can be thought of as both ‘soft’ and ‘hard’ deception. Exaggerating the value of something, like stolen property, can be thought of as soft fraud. While purposefully creating a scheme of defrauding an insurance company might be ‘hard.’ Any realm or insurable thing can be subject to fraud like a house, car, company, etc.

South Carolina law divides insurance fraud between two categories. Fraud under $10,000 is a misdemeanor. Fraud over $10,000 is a felony. Felony insurance fraud could land someone 10 years in jail along with fines of up to $100,000.

Insurance Fraud Lawyer - Charleston, SC

If you have been accused, charged, or believe you are under investigation for insurance fraud then you should retain a fraud defense attorney. Insurance Fraud cases can be difficult to handle and they often include complex statutes and situations. Investing in the proper legal defense could save you from years behind bars and crushing fines. Being involved in a protracted legal battle is not easy but Peter McCoy can handle it. Peter has spent years dealing with fraud cases as both a prosecutor and defense attorney. His experience in South Carolina law and its legal processes is matched by few attorneys. Contact us today by clicking here .

PPP Fraud - South Carolina Criminal Defense

Tue, 05 Apr 2022 12:07:56 GMT

The Federal government introduced the Paycheck Protection Program in 2020 to help small businesses cope with the COVID-19 pandemic. This program, along with other relief programs, provided billions of dollars and was instrumental in helping to avoid bigger economic issues. The Small Business Administration (SBA) administered the program with the help and cooperation of banks and financial lenders throughout the country.

Since the inception of the program there have been investigations into potential abuses and fraudulent activity. Of course, as with any large government program handling a lot of money, there were some instances of fraud. PPP was supposed to provide financial relief during a time of uncertainty during the early days of the pandemic. Since then, the government has investigated hundreds if not thousands of individuals at all levels to see if they abused the program.

Everyone deserves a solid defense from accusations of criminality. If you are under investigation or believe your business has been exposed to PPP Fraud then you need a criminal defense attorney. Peter McCoy has the experience and knowledge to defend your case. Peter has 20 years of high-level legal experience in South Carolina, he is a former state representative and US Attorney. Don’t let accusations of fraud derail your career, business, or reputation, contact our firm today to set up a consultation .

Consequences of PPP Fraud Conviction in South Carolina

PPP Fraud can occur in many different ways. Some common examples of businesses and individuals being investigated involve the following infractions. Claiming ghost employees, false revenue, and misusing loans. PPP Fraud is being investigated by the justice department, the SBA, the IRS, and other subdepartments and governmental agencies as well as by state agencies and departments. PPP Fraud itself is not a crime because PPP Fraud is an umbrella term encompassing other crimes which fall into the categories of financial and white-collar crimes. These can be making false statements, embezzlement, wire fraud, bank fraud, and more. Many of the crimes that you can be charged with for engaging or being convicted of fraud are federal felonies. These charges can come with years of imprisonment and large fines.

The federal government continues to investigate and indict individuals caught defrauding the program. In fact, late in 2021 the justice department and other agencies declared a continuous fight against fraud of this nature. Of course, an allegation or even a charge is not proof of guilt. The government has the burden of proof when they allege misconduct, never forget that. You need to defend your constitutional rights and Peter McCoy can help with just that.

Peter McCoy has over 20 years of legal experience and excellence in South Carolina. Peter’s career highlights include serving as a US Attorney, South Carolina State Representative (including being the Chairman of the House Judiciary Committee), and a prosecutor for the state. Peter has extensive experience in private legal practice. There are few lawyers in South Carolina who can match this experience. If you are accused of fraud related to PPP contact our offices today to set up a consultation .

How to Report Public Corruption - South Carolina

Mon, 14 Mar 2022 19:19:57 GMT

Public corruption is the stealing, misuse, or misappropriation of public funds. Federal and state funded programs are subject to abuse by bad faith actors both within the government and also by private contractors. Public corruption can affect programs related to healthcare, infrastructure, defense, education, and more. Often times the government relies on private citizens, with some connection/knowledge of the corruption, to come forward as part of Qui Tam lawsuits.

Those who come forward and report fraudulent activity are known as ‘relators’ or ‘whistleblowers.’ They often notice some form of fraudulent activity from their coworkers, bosses, or contractors. The government stipulates that someone who reports this form of fraud and wants to bring a suit forth must be connected to the public corruption. This does not mean that the whistleblower needs to act illegally or turn himself in. It essentially means the whistleblower must be an ‘original source.’

There are good reasons for someone who wants to report government waste and public corruption to seek an attorney. As a relator in a Qui Tam/Whistleblower case you will be suing the party alleged of wrongdoings on behave of the government. You’ll need strong legal experience and representation to help your side of the story be told.

What is a Qui Tam Lawsuit?

As mentioned above, a whistleblower lawsuit, sometimes referred to as a Qui Tam lawsuit, is a suit brought forth usually in connection to the False Claims Act. This can be a federal or state suit. A whistleblower can bring this against a company or individual who they suspect of fraud against the state or federal government, agencies, or violating regulations.

To be able to bring this suit against a company you need to be connected to it as an ‘original source.’ What does this mean? You generally need to be a current employee, former employee, or contractor. Those who bring forth a suit can be eligible to receive part of the damages recovered. They are also protected by state and federal laws from being reprimanded at work.

The McCoy Law Group - Charleston, South Carolina

Reporting fraud is not an easy thing to do. You might be worried about your future and your reputation. There’s also the question of how the legal proceedings go. For these reasons contacting an attorney should be a priority. If you’re considering being a whistleblower, you need to have someone there looking out for you. That’s where the McCoy Law Group can step in.

Give us a call to set up a consultation. We’ll walk you through the whole process and make sure you understand what your options and remedies are.

White Collar Crimes - When to take a Plea Deal

Tue, 01 Mar 2022 20:12:19 GMT

Plea deals, also known as plea bargains, can sometimes be a good option to consider when charged with a white collar crime. Most cases, both in regular criminal matters and white collar matters, end up with some form of negotiation between the defense and prosecution.

All cases are unique. If you’re dealing with a criminal charge related to a white collar crime (like an accusation of fraud or financial crime) you might feel stressed about facing a trial. These cases usually have the backing of a lengthy investigation (conducted by a state or federal agency for example). Depending on your specific situation a plea deal might seem like a good way to avoid some of the worst consequences of a full conviction.

Plea deals are compromises. The prosecution doesn’t want to go to trial and face the risk of loosing and the defense doesn’t want to go to trial and face the risk of conviction. Some charges might have more weight than others, so both sides can try and come up with a deal. What are the benefits of doing this? In some cases it might be a reduced sentence, reduced fines, and other benefits. It can also save you the risk of running a long trial which can cost you time and money.

What a white-collar crime lawyer can do for you:

Being charged with these kinds of crimes is no laughing matter. Investigations and allegations of wrong-doing can loom over you and cause all sorts of headaches. There are benefits and pitfalls to accepting a plea deal but before that step is reached you need a defense attorney by your side. An attorney always looks out for your best interests and if they’re experienced negotiators they can craft a beneficial agreement.

How do I Report Medicare Fraud?

Wed, 16 Feb 2022 14:03:34 GMT

Healthcare fraud costs the country billions of dollars every year and the problem is expanding. Multiple state and federal agencies coordinate their efforts at investigating unlawful activity that targets all levels of the industry. Medicare fraud is not one single action that a doctor, clinic, or company takes. It can be multiple different bad-faith practices like upcoding, unbundling, phantom billing, and more. The fact that the healthcare industry is so fast and incorporates state agencies, federal agencies, private companies both small and large, and hundreds of billions of dollars a year, means that it is prone to some form of corruption. Law enforcement cannot investigate all of the actors involved with the industry so it relies on whistleblowers, people within who see and report unlawful actions done by their employers or someone they work with. This reporting is usually tied to the False Claims Act.

Why might you report this kind of illegal activity? There could be a few reasons. You might feel a moral or civil responsibility to see justice brought forth. It’s possible you also tried stopping the illegal activity and are afraid of retaliation. There is also a financial incentive. The government can provide a reward for reporting these actions. Whatever your individual and private reason

for reporting healthcare fraud you should know a few things.

Reporting fraud is not as easy as just calling a number or going to the police. Often, you would need to file a civil suit. Attorney Peter McCoy can help prepare you and hammer out the legal details and process. Attorney McCoy is a former US Attorney in South Carolina with a history of fighting against this type of corruption. Peter has worked with many whistleblowers before and

has prosecuted fraud at all levels.

If you are thinking about reporting healthcare fraud in South Carolina contact us today by clicking here .

Who can be a whistleblower? What is the reward for reporting fraud?

Not everyone can be a whistleblower. Usually those who file suit work directly with a healthcare facility, company, organization, or someone else who works in the healthcare industry. Those who allege fraud have rights which are protected by both federal and state laws like the False Claims Act. Having this inside knowledge is essential to filing a fraud claim, but the government

will usually require some form of evidence to be able to launch their own investigation or bring charges against the fraudster. In successful cases the whistleblower can expect up to 30% of funds recovered. On top of this the whistleblower is protected from retaliation. A lot of factors have to be weighed before going forward with prosecution, thus it is advisable to contact an

attorney with experience in this field to be best prepared.

Contact Us Today

The McCoy Law Group can represent you if you would like to come forward with information related to your employer possibly misusing funds procured through Medicare. Not all attorneys can handle all types of cases. Peter has the unique experience to navigate a fraud case and come up with the best strategies. Peter has over 20 years of legal experience and as a former US attorney he has seen the ins and outs of all sorts of fraud cases. Contact Us Today by clicking here .

Slip and Fall Accidents in South Carolina

Wed, 16 Feb 2022 13:58:51 GMT

Slip and Fall accidents are serious and in some situations may require hospitalization and a lengthy rehabilitation process. Sometimes personal injury cases are seen as ‘get rich quick’ schemes but anyone who has been injured due to someone else’s negligence knows this is far from the truth. Getting injured is a costly situation and accusing someone of causing an injury can be a stressful thing to do. Navigating the recovery process and legal process at the same time is not something that anyone considers ‘fun’ and going about it alone, without legal counsel, is definitely not recommended.

If you are dealing with the aftermath of a Slip and Fall accident in South Carolina we can help you handle the trouble and pain of your case. We know that all cases are unique and require a comprehensive team to help you focus on recovery while we recover damages. Contact us today to see how we can help.

Attorney Peter McCoy has years of legal experience in South Carolina. He is a former US Attorney and South Carolina State Representative. Peter has the right experience, drive, and team to help you with your personal injury claim.

South Carolina Laws Regarding Slip and Fall Cases

Each state has their own laws regarding personal injury cases, including the time in which a person can file a demand, what damages can be awarded, and how negligence is determined. Some states, like South Carolina, follow comparative negligence laws. In South Carolina if a person files a suit against someone else and damages need to be determined, the final amount will be reduced by what is determined to be the ‘comparative’ fault of each party’s fault. So if you are 10% at fault for an accident that will be reflected in the final settlement. Our firm’s goal is to make sure you are not blamed for situations outside of your control. We can help maximize your final settlement and make sure that you receive the funds necessary for you to move past this traumatizing situation. It’s important to find an attorney soon after your accident occurs. South Carolina has a 3 year period to file. If you wait too long the investigation and strategy your legal team finds might not be able to properly prepare for negotiations.

Contact us today if you have been in an accident

With a personal injury attorney by your side you can get the legal counsel necessary to fight for damages. Slip and Fall accidents are some of the most common personal injury cases and they can result in the necessity for medical care and thus large bills. These types of injuries are often the result of someone else’s negligence. With a team like the one you’ll find at our firm you can expect compassionate representation and a strong strategy. Contact us today if you have been injured and want to fight for the settlement you deserve!

Health Care Fraud in South Carolina

Mon, 10 Jan 2022 15:59:59 GMT

Whistleblowers who report fraud file what is known as a “Qui Tam” lawsuit. These suits are filed ‘under seal’ that’s to say they are not public information. This is so that the government has time to investigate the matter at hand. Essentially, a qui tam plaintiff, that’s to say the person coming forward with the information, is suing not only on behalf of the government but also on their own behalf.

Somewhere between around 70 and 200 billion dollars is lost every year due to health care fraud. If a medical facility, like a clinic or nursing home, is engaged in fraudulent activity the False Claims Act can help concerned individuals report the potentially unlawful activity to government authorities. In 2020 alone the Justice Department was able to utilize this tool to recover 2 billion dollars , most of that amount coming from health care fraud. Someone who reports this kind of fraud under the protection of this act can receive protection and even an award.

Most often the federal government’s False Claim Act works in conjunction with a state’s own laws. In South Carolina’s case that’s the South Carolina False Claims Act . The government encourages people to come forward and report fraud they have noticed. The government protects these people and even promotes these actions by attaching a potential reward for coming forward. Many people feel dissuaded from reporting this kind of violation because of possible repercussions from higher-ups, that’s why the law also makes it illegal for employers to retaliate against people who report fraud.

What are the most common forms of health care fraud?

Kickbacks
Billing for unnecessary services
Billing for services that aren’t provided
Up Coding
Double Billing
Unbundling

Kickbacks are when providers unlawfully agree to refer a patient to their service and in turn the provider receives some sort of incentive. Up-Coding is when a provider performs a medical service or test but bills (codes) the insurance (Medicare/Medicaid/Private Insurance) for a more serious and more expensive procedure or test. Unbundling is when a provider submits codes (bills insurance) for two separate procedures that were performed together.

What is a Qui Tam Lawsuit?

Why should you contact the McCoy Law Group?

It’s highly recommended to contact an attorney experienced in representing whistleblowers because of the complicated nature of these lawsuits. Both the Federal and State’s False Claims Act guidelines must be followed and a failure to follow these laws might result in a case being lost and/or a plaintiff losing their reward money. Attorney Peter McCoy is uniquely qualified to represent you in these matters. Peter is a former US attorney and has dealt with the biggest fraud cases in South Carolina litigating against defendants like health care providers. Contact Us Today by clicking here .

PPP Fraud in South Carolina

Mon, 10 Jan 2022 15:55:31 GMT

The Paycheck Protection Program is a pandemic related federal relief scheme that has helped millions of businesses stay afloat due to the coronavirus public health emergency. Fraud related to this, or any system, is inherently expected. As such, the government, specifically the Justice Department and other federal agencies, has accused hundreds of individuals of creating fraudulent PPP claims in order to monetarily benefit from the program. PPP Fraud is an ever changing situation because of how recent this kind of scheme is.

What Entails PPP Fraud?

PPP Fraud is an umbrella term. When someone is charged with fraud in an unlawful action that has to do with the Paycheck Protection Program they can be charged with offenses like Bank Fraud, Wire Fraud, or Fraud Against the US. What exactly are these different offenses? Wire Fraud is defrauding someone or something by using communication channels like email, telephone, etc. Bank Fraud is defrauding and acquiring funds from a financial institution through deceitful means. Fraud Against the US is just what it sounds like, defrauding a US agency or program through the unlawful attainment or use of government provided funds.

DOJ Prosecutions for PPP Fraud

Over the past year and half the Justice Department has geared up its investigations into PPP Fraud and related offenses. They have made it clear that they will investigate individuals thoroughly if they see some form of deceitful action related to funds procured through the program or funds which have been misused. In January of 2021 six individuals were charged with the fraud related to the program, one of the individuals being from South Carolina. They were charged with bank fraud and money laundering. They were accused of falsifying information and providing false statements in the applications submitted to the Small Business Administration (SBA), the agency in charge of the program. Cases like these have been denounced by the DOJ in states like Georgia, Florida, and Connecticut , to name a few. It's safe to say the government is aggressively investigating these cases .

Why contact the McCoy Law Group?

The McCoy Law Group can help you if you have been charged with offenses related to this government program. We can also represent you if you would like to come forward with information related to your employer possibly misusing funds procured through this program.

Not all attorneys can handle all types of cases. Peter has the unique experience to navigate a fraud case and come up with the best strategies. Peter has over 20 years of legal experience and as a former US attorney he has seen the ins and outs of all sorts of fraud cases. Contact Us Today by clicking here .

4 things to know if you’re stopped for a DUI in South Carolina

Mon, 10 Jan 2022 15:48:59 GMT

Consider your rights and protecting those rights by hiring legal representation. Hiring an attorney can help maximize your chances of a more favorable outcome. As a trained legal professional Attorney Peter McCoy has the legal experience to fight for your rights and fair representation.
Many people misconstrue the definition of a ‘suspended license’. A license suspension does not mean you will not be able to drive for the allotted time, in South Carolina for first-time DUIs that’s a 6-month suspension if you refuse a breathalyzer test. Refusing a breathalyzer means that you will need to install an ignition-interlock device (IID) on your vehicle.
What tests can and should you refuse? A field sobriety test is 100% optional and voluntary. Also known as the walk and turn tests or the one-legged stand test . Police officers use these tests to look for incriminating evidence. Chemical tests on the other hand can be refused but they come with some consequences. As stated above, refusing a breathalyzer test means that your license will be suspended, and you will need an IID to use your car. If you do not refuse this test your license will be suspended but only a provisional license might be necessary to drive during the 6-month suspension.
Don’t Say Anything. You have the right to remain silent. The less you say, the fewer the chances you have at incriminating yourself. If you have been pulled over, give the police officer your driver’s license, vehicle registration, and insurance. Anything more is simply not required. The reason we say to remain silent is because anything you do say can be used against you in the court of law. That’s why the Miranda Rights famously say “Anything you say can and will be held against you…”

Contact Us Today

If you or a loved one has been charged with a DUI in South Carolina, the team at McCoy Law Group is here to help fight for you. Peter McCoy of the McCoy Law Group has over 20 years of experience handling criminal cases. He can walk you or your loved one through all the details necessary to help get you back on track.

Charged with a violent crime in South Carolina: What can you do?

Wed, 01 Dec 2021 18:16:10 GMT

Peter McCoy is well versed with the complexities, subtleties, and processes of a criminal trial and the charges of someone faced with a violent crime. Attorney McCoy has been practicing law in South Carolina for over two decades and has served as both a state legislature as well as former US Attorney for South Carolina. Peter and the McCoy Law Group have handled an extensive number of criminal cases and has the experience needed to fight for your rights.

If you have been charged with a violent crime in South Carolina contact our office today.

What is a violent crime?

Of course, everyone has an idea of what might constitute a violent crime but what are some examples? In the South Carolina criminal statutes violent crimes are specifically defined :

Murder or Attempted Murder
Criminal Sexual Conduct (1st and 2nd degrees)
Burglary (1st and 2nd degrees)
Felony DUI resulting in death
Assault and Battery (with intent to kill or commit CSC)
And more

Penalties for Violent Crime Convictions:

Being found guilty and being sentenced are two different components of a criminal trial. Even if during a trial you are found guilty your sentencing will be determined by a varied set of factors like the severity of the crime and if a criminal record is involved. For this reason, the specific punishments may vary:

Murder: 30 years to life (including death penalty)
CSM: Up to 30 years in prison
Burglary: Up to 30 years in prison
Felony DUI: Up to 25 years in prison
Assault and Battery: Up to 20 years in prison

20 Years Protecting Clients

The McCoy Law Group prides itself in defending our clients’ freedoms and rights. We know just how easily a person's life can be ruined due to biased accusations, exaggerated claims, and inadequate legal help. Our goal is to see your rights be defended throughout the entire process. We will act accordingly and demand your innocence is protected unless the prosecution can prove otherwise beyond a reasonable doubt. A conviction for a violent crime can mark your life forever. The worse the prosecution presents your case the worse your outcome becomes. As a trusted name in South Carolina, Peter McCoy will work tirelessly to ensure your rights are defended fully.

Charged with a Firearm Offense in South Carolina?

Wed, 01 Dec 2021 18:05:16 GMT

Firearm offenses can carry strict penalties in South Carolina. A conviction for a firearm or gun offense in South Carolina is not something you want to have permanently marking your record. A firearm offense or charge can refer to many things. It could be an accusation of having a weapon on you in a restricted location, having a firearm without a license, or being charged with having a weapon and being accused of another crime. The fact is that most weapon owners are responsible citizens and if you do not wish to have an accusation turn into a conviction then you need to contact the proper legal counsel for help.

Former US Attorney Peter McCoy has been a dedicated attorney for over two decades. He is a trusted name in Charleston and throughout South Carolina. If you are facing firearm or gun charges in South Carolina it is imperative, you contact the right criminal defense attorney to defend your rights. Peter understands the complexities behind a firearm offense and will help you throughout your case.

What are some common Gun Offenses?

Having a gun without the proper license
Having a concealed firearm illegally
Possessing a firearm if you are on probation, parole, or a convicted felon
Unlawfully purchasing or selling a firearm
Unlawfully modifying a firearm
Having a ‘readily accessible gun’ in your motor vehicle
Unlawfully brandishing a weapon
Discharging a weapon in a reckless manner

Can you carry a gun inside of a restaurant or bar?

In 2014 South Carolina passed a law which allows the carrying of a weapon inside of a business legal. However, person’s carrying a weapon must have a CWP (concealed weapons permit). Additionally, if the person with the CWP consumes alcohol, that person is foregoing the privilege of carrying a weapon. It is also important to note that a business could not allow firearms on the premises of their business.

What’s the difference between a Firearm Offense Misdemeanor and Felony?

The most common misdemeanor firearm offense is the unlawful possession or carrying of a handgun. There are many ways that this charge can arise. For example, a person can be charged for this if they have their weapon in their car and it is not inside of a locked container. The only way to bypass this rule is if you have a CWP. If you have a CWP then you can have your firearm in your car under the seat or in other locations. Felony charges are broader. These could be carrying a firearm while in the commission of another felony, especially if it is a violent crime.

Contact us today

If you are facing charges for a firearm or weapons offense, whether those charges are a misdemeanor or felony then contact my offices today. If you have been arrested contact us today to learn about how we can help defend your legal rights and what options you may have.