Kevin John Darken's Answers

Kevin John Darken
Tampa White Collar Crime Lawyer.
Contributor Level 6

1

Attorney answers:

  1. Kevin John Darken

What does the whistleblower law do? Does it protect you if you report a company for government fraud?

Asked by a user in Orlando, FL - almost 3 years ago.

You should definitely be represented by a lawyer with expertise in filing and litigating cases under the False Claims Act. You cannot recover any money for merely reporting Medicare fraud. You can only recover money (generally 15-30 percent of the Government' recovery) if you have filed a case under the False Claims Act. Moreover, you have to be the first person to file such a case to be eligible for a share of the Government's recovery. If you wait and someone else files a case before you...

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2

Attorney answers:

  1. Kevin John Darken
  2. Alan James Brinkmeier

Can I request legal action to be placed on a person who fraudulently used my credit card, even if I was reimbursed my funds?

Asked by a user in Tampa, FL - about 3 years ago.

You are still a victim of this fraud even though you have already received restitution. Call the Police Department again and ask to talk to a shift supervisor or a detective supervisor. If that still doesn't work, you may be able to make a report at the State Attorney's Office which will then be sent to the Police Department.

1 person marked this answer as helpful

3

Attorney answers:

  1. Kevin John Darken
  2. Ryan Patrick McClure

What is the statute of limitations for an electronic crime involving other employee's government computer account passwords?

Asked by a user in Washington, DC - about 3 years ago.

The statute of limitations for federal prosecution of computer crimes under Title 18, United States Code, Section 1030 is 5 years from the last criminal conduct. Section 1030 also has a provision allowing civil actions for compensatory damages. Those civil actions must be brought within 2 years "of the date of the act complained of or the date of the discovery of the damage."

1 person marked this answer as helpful

3

Attorney answers:

  1. Kevin John Darken
  2. Ryan Patrick McClure

What is the statute of limitations for an electronic crime involving other employee's government computer account passwords?

Asked by a user in Washington, DC - about 3 years ago.

The statute of limitations for federal prosecution of computer crimes under Title 18, United States Code, Section 1030 is 5 years from the last criminal conduct. Section 1030 also has a provision allowing civil actions for compensatory damages. Those civil actions must be brought within 2 years "of the date of the act complained of or the date of the discovery of the damage."

1 person marked this answer as helpful

3

Attorney answers:

  1. NiaLena Caravasos
  2. Linda Friedman Ramirez
  3. Kevin John Darken

What are the statue of limitation for conspiracy drug charges and currupt organization charges?

Asked by a user in Philadelphia, PA - almost 3 years ago.

The general statute of limitations for federal crimes is 5 years from the date of offense. In conspiracy cases, the statute of limitations does not start running until the later of (1) the conspiracy ending (usually by conspirators being arrested), or (2) a defendant withdrawing from the conspiracy. Withdrawal requires an affirmative act (more than simply stopping participation in the illegal conduct of the conspiracy).

1

Attorney answers:

  1. Kevin John Darken

Can i be convicted?

Asked by a user in Atlanta, GA - over 3 years ago.

The answer depends on the statute of limitations in the state or states where the acts were committed. The general statute of limitations for federal crimes including mail fraud and wire fraud is 5 years.

1

Attorney answers:

  1. Kevin John Darken

Will the federal be changing there law of the 85% to 65% meaning will they be giving the good time back or no

Asked by a user in Milwaukee, WI - about 3 years ago.

No. Title18, United States Code, Section 3624(b)(1) provides for a maximum good time credit of 54 days per year.