Click Here to Watch How To Find A Lawyer by Kent Morlan
Click Here For The Best Boise Criminal Defense Lawyer Directory
If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer for free.
Description: Boise, Idaho criminal law lawyer represented Defendant charged with wire fraud and falsification of records.
Nicholas Jones, age 36, from Boise, was a small business owner who applied for and received $753,600 in COVID-19 relief funds, primarily from the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program. Despite certifying that the funds would only be used for business-related expenditures, Jones used a significant portion of these funds for personal expenses, including car payments, life insurance policies, and political advertisements.
In 2020, Jones ran as a candidate for the U.S. House of Representatives and told employees of his small business that they could continue to be paid their normal wages if they worked on his congressional campaign. Employees reported to work on behalf of Jones’s congressional campaign and were paid thousands of dollars in wages through Jones’s small business including, in part, with funds Jones had received as part of a PPP loan. After losing the primary election, Jones caused his campaign committee to file a campaign finance report with the FEC that omitted any in-kind contributions from any entity or individual other than Jones, including the thousands of dollars of in-kind contributions to his campaign in the form of employee time and work.
The FBI investigated the case.
Trial Attorneys Rosaleen O’Gara and Nicole Lockhart of the Criminal Division’s Public Integrity Section and U.S. Attorney Josh Hurwit for the District of Idaho prosecuted the case.
18 U.S.C. 1343
WIRE FRAUD
(1)
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
FALSIFICATION OF RECORDS
(2)
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
Outcome: 10/14/2022 27 ORDER OF CRIMINAL FORFEITURE MONEY JUDGMENT (Notice sent to USM) as to Nicholas Jones (1) - The United States Motion for Order of Forfeiture Money Judgment (Dkt. 25 ) is GRANTED, and the defendant shall forfeit to the United States the Subject Property and any other property forfeitable pursuant to the Statutory Authority above or other applicable law. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 10/17/2022)
Defendant was sentenced to 30 months in prison and was ordered to pay a $100,000 fine and $90,564.84 in restitution.
Plaintiff's Experts:
Defendant's Experts:
Comments:
