While identity theft is nothing new, thanks to the internet and our growing dependence on technology and electronic communication, identity theft is skyrocketing. We are much more vigilant regarding identity theft now that we were in previous years. The state and federal governments have enacted legislation in order to aggressively combat this increase in identity theft crimes. In addition, law enforcement is under increasing pressure to charge defendants with identity theft, and more importantly, get convictions.

If you’ve been charged with identity theft, you need someone on your side. This area of the law is complex and carries heavy consequences that could change your life forever. Identity theft defense attorney John Barnes can help you understand your options and prepare the best possible defense. Don’t leave your future in the hands of the prosecution – Barnes Law can help you get a fair result. Call us at 865-805-5703 or contact us onlinein order to schedule a free consultation. 

Identity Theft Under Tennessee Law

Identity theft is governed primarily by Section 39-14-150of the Tennessee Code. The statute makes it illegal to do the following: 

1. Buy, use, obtain, possess, or sell the someone else’s personal information, which includes any information or data that can be used to identify a person;
2. With the intent to commit any unlawful act such as obtaining credit, goods, or services in the name of someone else; 
3. Without that person’s consent or lawful authorization. 

In order to convict you of identity theft, the prosecution needs to prove that you obtained someone else’s personal information with the intention of committing some unlawful act without their consent. 

Identity theft is a serious crime. Under Tennessee law, identity theft is an automatic Class D Felony. This means that you are facing a prison sentence of two to 12 years and a fine of up to $5,000 if you are convicted. Generally speaking, the sentence and fines will increase according to how much harm was done to the victim. 

Identity Theft Trafficking

Identify theft charges aren’t limited solely to instances of obtaining or using someone’s personal information. Tennessee law also makes it illegal to engage in “identity theft trafficking.” Identity theft trafficking is charged when (1) the defendant is alleged to have sold or otherwise transferred someone’s personal information without their consent; and (2) they knew or should have known that the information would be used for unlawful purposes. 

For purposes of proving intent to engage in identity theft trafficking, Tennessee law expressly allows the jury to consider as evidence the fact that the defendant possessed the information of five or more people without their consent. To put it another way, having the personal information of five or more people is sufficient to charge you with identity theft trafficking. 

Identity theft trafficking is a Class C Felony, punishable by a prison sentence of three to 15 years and up to $10,000 in fines. In comparison to simple identity theft, trafficking carries a potentially longer prison sentence and larger fines. 

Common Types of Identity Theft

There are many ways to commit identity theft and for a wide variety of purposes. Here are some examples of obvious instances of identity theft:

• Using a stolen credit card to make purchases online
• Using a stolen social security number and other information to apply for a loan
• Using a stolen ID in order to purchase alcohol
• Using stolen medical information in order to obtain health insurance coverage
• Using a stolen social security number in order to obtain a passport

The examples above are pretty straightforward, but it’s important to remember that identity theft isn’t always obvious. In addition, the prosecution has to prove that you have actually committed identity theft.

Identity Theft Defenses

If you’ve been charged with identity theft, it’s important to understand exactly what the prosecution has to prove – that you used someone else’s identity without their consent and with the intent to commit an unlawful act. Understanding the elements of identity theft can help you formulate a defense. 

For example, you may be able to argue that there was a misunderstanding between you and the other person and you thought they had given you their consent. While this defense is difficult between two people who don’t know each other, it can be successful when the alleged identity theft occurred between friends or family. 

You may also be able to argue that although you had the other person’s personal information without their consent, you did not intend to do anything with it. Intent can be difficult for the prosecution to prove, and they will have to rely on circumstantial evidence. That said, you should understand that the prosecution doesn’t have to prove that you actually committed an unlawful act, only that you intended to. Conversely, actually committing an unlawful act would be considered evidence of your intent.  

If the alleged identity theft occurred in the context of a business transaction, you may be able to argue that you had the legal authority to access and use the other person’s personal information.  

If You’ve Been Charged with Identity Theft, Contact the Barnes Firm for Help 

Identity theft is a serious crime that carries severe consequences. In addition to jail time and heavy fines, a felony conviction could ruin your reputation and even make it difficult to get a job. You’re probably feeling overwhelmed, but understand that you do not need to face these charges alone. An experienced criminal defense attorney can level the playing field and give you a fighting chance at a fair outcome. 

Identity theft defense attorney John Barnes works with clients in the Knoxville area to make sure they get fair treatment. At Barnes Law, we understand that this isn’t just a case – this is your life. We provide dedicated, skilled legal representation so that you can face your charges with confidence. If you’d like to schedule a free consultation and case evaluation, call us at 865-805-5703 or complete our online contact formtoday. 

Healthcare fraud is considered a white collar crime, and charges are typically brought against doctors and healthcare organizations. Due to the complexity of the healthcare industry, it can be hard to detect and difficult to prove. As a result, allegations can be made even when no fraud occurred or there was no intent to commit fraud. If you’re facing charges for healthcare fraud, it’s imperative that you seek legal counsel to make sure you get the best possible result. 

Knoxville criminal defense attorney John Barnes and former federal prosecutor Ed Holt represent those who have been accused of healthcare fraud to make sure their rights are protected. If you would like a free consultation and case evaluation, call us at 865-805-5703 or send us an emailtoday.

Who You Are Up Against

If you’re facing charges for healthcare fraud, it’s important to understand who the parties are. The “victims” of the alleged healthcare fraud are the insurance providers, which are usually national corporations that serve multiple states. As a result, healthcare fraud cases are typically handled by the federal government and investigated by the Office of the Inspector General from the Department of Health and Human Services, often in concert with the Tennessee Bureau of Investigation. 

Healthcare fraud isn’t limited to just private insurance companies, however. Charges for healthcare fraud can also be brought on behalf of Medicare and Medicaid, federal insurance programs with specific laws that govern healthcare fraud claims. Most claims for healthcare fraud include fraud against both private insurance providers and either Medicaid, Medicare, or both. 

Common Healthcare Fraud Allegations

Healthcare fraud typically occurs when medical providers or patients abuse the healthcare system for their own financial benefit. Given the complex relationship between healthcare providers and the insurance industry, healthcare fraud can occur in a variety of circumstances and situations. Here are some of the common healthcare fraud allegations that we see:

• Accepting kickbacks or other financial benefits for patient referrals
• Falsifying medical records or diagnoses in order to bill for unnecessary tests, surgeries, or other procedures
• Performing unnecessary procedures or providing unnecessary services for the purpose of increasing billings
• Billing for procedures or services that were never performed or provided
• Using a patient’s identity or creating a false identity to bill for services or procedures that were never performed
• “Upcoding” – billing for services or procedures that are more expensive than what is medically necessary
• “Unbundling” – billing for each step of a procedure as if each were a separate procedure
• Billing non-covered services, procedures, or other treatments as covered treatments
• Waiving patient co-pays or deductibles and then overbilling the insurance provider to recover the loss
• Billing patients for amounts that were covered by the insurance provider

The practices above are typically committed by people in the healthcare industry, but individuals can also be accused of healthcare fraud in the following scenarios:

• Providing false information in order to obtain insurance coverage
• Adding someone to your insurance coverage by providing false information
• Exaggerating a claim
• Visiting different doctors in order to obtain multiple prescriptions
• Using someone else’s insurance

Healthcare fraud is extremely complicated, and it may be difficult to understand what exactly the government is claiming that you did wrong. No matter what the circumstances are surrounding your case, it’s critical that you hire a defense attorney as soon as possible.  

Consequences You May Be Facing

Healthcare fraud is a serious crime, punishable under federal law. If convicted, you may be facing both civil and criminal sanctions. In addition, it’s important to realize that each alleged act of fraud can be charged as a separate offense, meaning that the consequences can quickly add up. 

Healthcare fraud can result in lengthy prison sentences. A conviction for a single charge of Medicare or Medicaid fraud can result in five years in prison. Convictions for other types of healthcare fraud can carry a sentence of up to 10 years in prison. If the alleged fraud resulted in bodily injury or death, you may be facing a sentence of twenty years to life in prison.

On top of a prison sentence, you may also be facing harsh fines. Medicare and Medicaid fraud is punishable by fines of up to $250,000 for individual healthcare providers, while healthcare organizations face fines up to $500,000. And again, these fines can be imposed for each count of healthcare fraud. 

In addition to the fines, you may be subject to restitution if you are convicted. This means that you may be ordered to pay back any funds that were obtained as a result of the alleged fraud. 

While no one wants to go to prison, the fines and restitution can also be a significant burden. If you are convicted of healthcare fraud, you may be required to sell your home and other assets in order to pay these amounts. 

Lastly, a conviction for healthcare fraud may require you to serve a probation sentence. While probation is preferable to time in prison, the probation system can be onerous, requiring you to comply with various specific conditions and serve your time under close supervision.  

Defending Yourself Against Healthcare Fraud Charges

If you’ve been charged with healthcare fraud, you can’t afford to lose hope. The prosecution wants you to believe that the evidence is overwhelming and your conviction is a certainty. However, they have to prove the charges against you, and you have the opportunity to challenge the evidence, examine their witnesses, and argue for a fair result. Most importantly, don’t think that by pleading guilty that you’ll definitely get a more favorable outcome. It’s critical to hire a skilled criminal defense attorney to help you formulate the best possible defense. 

Most defenses to healthcare fraud focus on the element of intent. You can’t accidentally commit fraud – you have to have mean to do it – otherwise known as having intent. As a result, you may be successful if you can argue that you lacked the intent to commit fraud. Your attorney can help you assemble the evidence to demonstrate that the alleged fraud was the result poor management or negligent business practices. 

Contact a Tennessee Healthcare Fraud Defense Attorney

Healthcare fraud is a very serious crime with severe consequences that can change your life forever. The law is complicated and virtually impossible for non-lawyers to navigate successfully. If you’ve been charged with healthcare fraud, contact Barnes Law for help. We bring experience, skill, and dedication to our clients to ensure a fair result. Call us at 865-805-5703 or send us an emailin order to schedule a free consultation. 

Embezzlement is considered to be a white collar crime since it doesn’t involve violence or other elements that we typically associate with crime. Regardless, it is still a crime with serious consequences. As a result, if you’ve been charged with embezzlement, you need a criminal defense attorney who can give you the help you need.

Knoxville criminal defense attorney John Barnes at The Barnes Law Firm represents defendants charged with embezzlement and other crimes. Call us at 865-805-5703 or send us an emailin order to schedule a free consultation with him about your case. 

Embezzlement Defined

Embezzlement is a type of property theft and occurs when someone in a position of trust takes property belonging to someone else for their own benefit. To put it another way, the person who committed the theft had legal access to the property but did not own it. Here are some common examples of situations where embezzlement occurs:

• A cashier takes money from the cash register to buy new clothes
• The treasurer on a Board of Directors for a non-profit organization withdraws money from the organization’s operating account to pay for a vacation
• The office manager for a doctor’s office routinely takes money from the petty cash account to buy lunch 
• A corporation’s CFO creates false invoices for various services and directs payment to accounts under his sole control for several years

Embezzlement can encompass a wide variety of thefts by different people and can involve simple one-time thefts of some small amount of money to sophisticated schemes and hundreds of thousands of dollars.  

It’s also important to remember that embezzlement can include things other than money – you can be charged with embezzlement for theft of any type of property. 

Potential Penalties of Embezzlement Convictions

Embezzlement is a very serious crime under Tennessee law. You may be facing heavy fines, time in prison, or both. The value of the property alleged to be stolen will determine whether it is charged as a misdemeanor or a felony, and will also determine the severity of the potential penalties.  

Value of Property	Charge	Fines	Prison Sentence
$1,000 or less	Class A Misdemeanor	Up to $2,500	Up to 11 months, 29 days in jail
$1,000 to $2,500	Class E Felony	Up to $3,000	1-6 years in prison
$2,500 to $10,000	Class D Felony	Up to $5,000	2-12 years in prison
$10,000 to $60,000	Class C Felony	Up to $10,000	3-15 years in prison
$60,000 to $250,000	Class B Felony	Up to $25,000	8-30 years in prison
$250,000 or more	Class A Felony	Up to $50,000	15-60 years in prison

As you can see, the crime becomes more serious and the penalties more severe as the amount stolen increases. However, even a misdemeanor embezzlement charge can result in jail time.

That said, it’s important to emphasize that the consequences of an embezzlement conviction can go beyond prison and fines. Criminal convictions are public record, and felony convictions can harm your reputation in the community. If you hold a professional license, such as attorneys or accountants, you may lose your license if convicted of embezzlement. The conviction can subsequently result in a loss of employment and make it difficult to get another job. 

Defending Against Embezzlement Charges

In order to be convicted of embezzlement, the prosecution has to prove that you intended to steal property that you had access to as a result of being placed in a position of trust. People can be falsely accused of embezzlement as a result of a misunderstanding or in retaliation or other vindictive purpose. 

First, note that you have to have been placed in a position of trust over the embezzled property. For example, you probably can’t charge a janitor with embezzling funds from the petty cash account if he was never given access to the account. While the janitor can still be charged with larceny, the point is that he could not be convicted of embezzlement. 

Generally speaking, most defenses to embezzlement involve showing that you didn’t have the required intent or believed in good faith that you were acting within your authority. Here are some of the ways we can help you establish a defense against embezzlement charges:

• You were given authority and permission to take the money or property for a legitimate business purpose rather than for your own gain. 
• You did not embezzle the property – it was lost or put somewhere else. 
• You did not intend to steal the property – you believed that you were acting within your authority. 
• Someone else with access to the same property could have stolen it. 

The prosecution has to prove that embezzlement occurred and it was committed by you. Given the complexities of modern businesses, embezzlement charges are an easy accusation to make that are often difficult to prove.

It’s important to remember that acquittal or dismissal of the charges isn’t always possible, and in those cases, a plea bargain may become attractive. A plea bargain may allow you to avoid jail time, fines, or plea to a lesser charge. That said, plea bargains offered by the prosecution can often be skewed in their favor. If you are considering a plea bargain, it’s critical that you work with a criminal defense attorney to make sure the terms of the offer are fair.  

Contact a Knoxville Tennessee Embezzlement Lawyer for Help

Embezzlement charges are serious and can change your life forever. In addition to jail time and fines, a conviction will be on your permanent record and result in irreparable damage to your reputation, your career, and your ability to find a job. However, just because you’ve been charged doesn’t mean you’ll be convicted. A skilled criminal defense attorney can defend you against these charges and help you get a fair result. 

If you’re facing embezzlement charges and don’t know where to turn, contact attorney John Barnes at Barnes Law. Mr. Barnes can evaluate your case and help you understand your options. If you would like a free consultation and case evaluation, give us a call at 865-805-5703 or contact us online. 

If you are facing drug trafficking charges, it’s imperative that you speak to an attorney right away. Penalties for drug traffickers typically include substantial fines and jail time, and the sentences imposed often start at several years of imprisonment and get stiffer the more drugs are involved. What’s more, trafficking is not a particularly uncommon charge when a person is arrested in connection with drugs. In fiscal year 2017, nearly 67,00 people faced federal drug charges, and, of those individuals, more than 19,000 were chargedwith drug trafficking.

Drug Trafficking Cases Are Often Federal

While drug possession charges that involve small amounts of drugs are generally handled on a state level, trafficking charges involving larger amounts of drugs are often are prosecuted in federal court. The federal government doesn’t play games with drug traffickers and aggressively pursues harsh legal consequences. For this reason, if you are facing drug trafficking charges, you should speak to an experienced attorney as soon as you can.

When it comes to trafficking and distribution charges, the federal government seeks to impose stiff penalties. These penaltiesapply to the selling, transportation, and importation of drugs such as marijuana, cocaine, heroin, methamphetamine, and other drugs. All of these trafficking charges are felonies, and the government doesn’t even have to prove that you intended to sell the drugs. The trafficking charge is based on the amount of the drugs in your possession, but the amount that triggers a trafficking charge rather than a possession charge depends upon the drug in questions.

Drug Trafficking Charges Carry Significant Penalties

People charged with drug trafficking are quite likely to face prison time. According to the United States Sentencing Commission:

• The vast majority of drug trafficking offenders – 95.6% – get at least some prison time
• Roughly three-fourths of those charged with drug trafficking receive sentences either within the sentencing guidelines, at about 39%, or below the recommended sentence range, at nearly, 24% 
• The average sentence for those convicted of drug trafficking, the average sentence was roughly 70 months. 

The sentences for drug trafficking can be quite substantial. Getting caught with even a relatively small amount of drugs subject to trafficking charges can result in significant legal penalties. Some of these minimum first-offense sentences include the following:

• For possession of cocaine in the amount of 500 grams to 4,999 grams (or various other drugs in different amounts), the minimum sentence is no less than five years up to 40 years. Fines can be $2 million or more
• For a second-offense, defendants can be sentenced to no less than ten years and no more than life in prison.
• For larger amounts of drugs subject to trafficking laws, a first-offense charge can result in a sentence of 10 years or more, while a second offense can lead the prison time of at least 20 years, and up to life imprisonment. Fines could range from $4 million to $10 million.

Defenses to Allegations of Drug Trafficking

If you are facing drug trafficking charges, it’s easy to feel like there is nowhere to turn. If the authorities found you with a sufficient amount of drugs to justify a trafficking case, it’s hard to see how a judge or a jury may even begin to think that the drugs were not yours or that you did not know they were in your possession.

Fortunately, in many cases, there are legal defenses available that may keep certain evidence out of court or case enough doubt on the prosecution’s case to obtain an acquittal at trial. For this reason, if you have been accused of drug trafficking, you should speak to an attorney as soon as you possibly can. Some of the defenses that an attorney may be able to raise include:

• Alleging a 4^thAmendment Violation – The 4^thAmendment of the United States Constitution prohibits police from conducting unreasonable searches and seizures of people and property. If they violated your 4^thAmendment rights during a traffic stop, a search of your home, or an encounter on the street, any evidence they gathered could potentially be suppressed, meaning that the prosecution could not use it against you. In many drug cases, the suppression of evidence forces the prosecution to drop its case completely.
• Introducing Evidence that Indicates that You Were Not Aware that You Possessed the Drugs –In order to be guilty of trafficking, you must have knowingly possessed the drugs of which you are accused of trafficking. So if someone planted the drugs in your car, home or on your person, you are not guilty of drug trafficking. Of course, directly establishing your mental state at the time of your arrest is impossible, as the court cannot read your mind. For this reason, casting doubt regarding your knowledge of the drugs must be done through circumstantial evidence. Examples of circumstantial evidence that could be used to cast such doubt include the fact that you were driving someone else’s car, a clean drug test, or the fact that a person who is a known drug dealer or trafficker had access to the place the drugs were found shortly before your arrest.

In some cases, there are no defenses available, and a defendant’s best bet is to negotiate a plea bargain. If you find yourself in this position, it is imperative that you retain an experienced defense attorney that knows how to work with prosecutors. A lawyer will be able to spot weaknesses in the prosecution’s case or ways in which you may be able to leverage insider knowledge of a drug distribution organization that could significantly mitigate the consequences you are facing.

Schedule a Free Case Evaluation with a Knoxville Drug Trafficking Defense Attorney Today

If you have been arrested for drug trafficking, it’s important that you retain an attorney as soon as you can. The sooner a lawyer is representing you, the sooner your rights will be protected. To schedule a free consultation with Knoxville criminal defense lawyer John Barnes, call our office today at 865-805-5703 or contact us online.

Unfortunately, if you’ve been charged with a DUI second offense, the potential penalties aren’t just twice as bad as a DUI first offense.  The minimum jail time in Tennessee on a DUI second offense is 45 days, versus just 2 days on a DUI first offense.  That’s a 2,250% increase!

The other penalties increase with a second offense as well.  The fine increases to a minimum $600 and the loss of license period increases to 2 years.  Additionally, an alcohol and drug assessment is required and the assessor’s recommendations, no matter how stringent, must be followed.  Add on court costs, increased cost of insurance, and attorney fees and its obvious a second offense DUI is a big deal.

The Good News

Despite the penalties being greater, defending a DUI second in court is very similar to defending a first offense.  That is because if your case gets tried to a jury, the jury won’t know you’ve been convicted before.

Only certain prior offense can “come into evidence” in a trial.  Prosecutors can’t use the fact that you’ve been convicted of a DUI before to prove that you are guilty of a DUI this time.  That’s because a prior conviction is not relevant to the question the jury must answer, “was the defendant impaired while driving or in physical control of a motor vehicle?”

Rehabilitation and Jail Time

Some people who have been charged with DUI second offense have substance abuse problems.  If that is the case, it serves the person charged and the community to get help with his or her addiction.

The law allows for a portion of the jail time imposed on a DUI second offense conviction to be served in an inpatient drug and/or alcohol treatment facility.  However, there are restrictions on how much time can be awarded and other aspects of this program.  Getting a spot in a facility can be difficult and costly, though there are insurance plans and state programs that can help out.

Plea Bargaining

There are times when a DUI second offense can be “reduced” to a DUI first offense.  This usually happens when your attorney can identify strong defenses and convince a prosecutor that there are either good legal and factual reasons or good mitigating personal reasons to reduce the charge.

It is not easy to get a second offense reduced to a first.  Many people think it should be as simple as asking the prosecutor, but at least in Knoxville and East Tennessee, district attorneys take DUI cases seriously, especially multiple offense DUIs.

Whether any particular negotiated agreement is a “good deal” depends on the facts and law of each case.  A reduction to a first offense could be a great result for one client and could also be wisely rejected by another, depending on the circumstances.

Qualifying as a Second Offense

Just because someone has a prior conviction for DUI, does not mean a current charge is a second offense.  In order to qualify as a prior for the purpose of making someone a multiple offender, the most recent conviction had to occur within the past ten years.  If someone has had no DUI convictions in the past ten years, then any current charge should be a first offense.

Also, if the DUI charge was from out of the State of Tennessee, a lawyer will need to examine the other states statute to make sure it qualifies.  He or she should also examine the documentation of any prior judgment of conviction for DUI, since an invalid judgement could be attacked and potentially not count against you.

These are just a few of the considerations when dealing with a DUI second offense charge.  We’d be happy to discuss the specifics of your case.  Just fill out the case evaluation form or give us a call at (865) 999-0294.

Our thoughts and prayers go out to everyone affected by the devastating wildfires in Gatlinburg and Sevier County.

In an effort to do our part to help in anyway we can, the Barnes Law Firm is offering free legal services to those individuals and businesses that have suffered.

Over the coming weeks and months our neighbors are likely to face some of the following issues:

• Landlord/Tenant disputes
• Home and property insurance claims
• Unemployment benefits
• Mortgage difficulties and foreclosures
• Food benefits and public assistance
• Family medical leave
• Home repair conflicts and scams

The Barnes Law Firm is donating its time and resources to those affected. We will work to provide free advice and where necessary, pro bono representation.

For those issues that are outside our legal expertise we will work to put people in touch with other local attorneys that can help.

Please do not hesitate to call and let us know how we can be of service.

 

John Barnes

Owner/Attorney

(865) 805-5703

The Tennessee Supreme Court is hearing oral argument this week in State v. Gibson.  In Gibson the Court of Appeals upheld the trial court’s imposition of the Drug Free School Zone enhancement when the Defendant was convicted for facilitation of a felony cocaine charge.

Facilitation is a lesser included offense of the charged crime. The Defendant’s lawyers are arguing on appeal that the enhancements should not apply to the lesser included offense, but rather, only to the charged offense of possession of more than .5 grams of cocaine.

The Court of Appeals has previously held that “attempt,” also a lesser included offense, does warrant application of the Drug Free School Zone enhancement.  Therefore, the Supreme Court’s decision would likely affect how lawyers and courts handled attempt convictions under the School Zone statute as well.

The Court of Appeals case can be found at State v. Gibson.