Richard S. Berne is a highly qualified criminal defense attorney in Portland, Maine. During his more than four decades in practice, Mr. Berne has represented a wide range of individuals in white-collar and criminal defense cases in state and federal courts in Maine, Massachusetts and New York. What is Embezzlement? Embezzlement is charged in Maine as “theft by deception.” It is generally considered “white-collar crime” in that it often involves misappropriation of money or another item of economic value belonging to an individual or corporation. Embezzlement also often involves the breach of ..read more

Learning that you are under investigation for a state or federal crime, whether you actually committed the crime or not, is both unsettling and serious. For this reason you should retain counsel immediately rather than wait to see if formal charges will be filed.  As is more fully explained below,  counsel will be able to communicate with both the investigating agency and the prosecutor to determine exactly what the investigation concerns  Thereafter, counsel will discuss the matter with you in detail and formulate a defense strategy designed to prevent charges from being lodged ..read more

Portland, Maine Drug Charges Lawyer Richard Berne A criminal drug charge is a serious matter that can result in a substantial fine, a significant prison sentence, and a permanent mark on your record. A drug charge may be brought in state court and/or federal court. However, the laws and the consequences of committing or being charged with a drug crime will is not the same in each jurisdiction. Drug laws in Maine and the United States prohibit manufacturing, possessing, or dispensing a controlled substance, including the following: Marijuana Methamphetamine Ecstasy Cocaine Heroin St ..read more

Determining whether a Search By Police During a Traffic Stop or Home Visitation was Lawful A search of your vehicle, hotel room, your person or home by law enforcement agents without a search warrant is presumptively unconstitutional, except under certain exceptions (for example, when voluntary consent is given).  When law enforcement officers conduct searches that are not justifiable and/or unlawful, any contraband or evidence seized thereby may be suppressed. Individuals are protected by the U.S. Constitution and the Maine Constitution. Why Are Searches Conducted Searches  ..read more

State Embezzlement Charges Versus Federal Embezzlement Charges An embezzlement offense may be charged as either a state or federal crime depending on several factors. The primary factors are the amount allegedly embezzled and  whom the alleged victim of the offense is. Embezzlement is a felony under state and federal law if  it involves an amount that exceeds $1000. Otherwise the offense is a misdemeanor.  Generally speaking, the maximum penalty for the  federal felony offense is 5 to 10 years in prison and/or a $250,000 fine. A federal misdemeanor ..read more

If you are charged with a crime in Maine, you likely have a list of questions about the charges against you, the rights you have, the penalties and fines you face, and the defense options you have. At the Law Office of Richard Berne, we understand how overwhelming and stressful this can be, regardless of the severity of the charges you face. It is critically important to understand all the issues in your case and the essential information you need to properly defend yourself against a criminal charge. Set fort below are Some of the most important answers. Do I Need A Criminal Attorney? This is ..read more

Unlawfully accessing or disclosing protected health care information in Maine is a serious federal crime that may result in both incarceration and financial penalties. Set forth below are the federal statutes that pertain to such charges as well as an explanation of the importance of retaining an experienced federal defense attorney to ensure the most effective defense. The Federal Laws that Protect Health Information Wrongful disclosure of individually identifiable health information is covered by 42 U.S.C. 1320d-6, https://www.law.cornell.edu/usco ..read more

Let’s Take A Closer Look at Mortgage Fraud Most borrowers think that overstating your income or net worth on a mortgage application may constitute mortgage fraud but that the typical borrower who does so is merely “stretching” the truth to qualify for a mortgage to purchase real estate otherwise beyond  their reach. This belief  may have some validity but systemic mortgage fraud Is another matter altogether. False Statements (18 U.S.C. § 1014) Title 18 Section 1014, United States Code, criminalizes “the knowing making of false statements or willfully overvaluing any proper ..read more

Are you being implicated in a healthcare conspiracy? The Law Office of Federal Defense Attorney Richard Berne has successfully defended healthcare individuals and providers in allegations of conspiracies involving Medicare Fraud in Maine for over 42 years. Health care investigations are on the rise One of the most significant potential impacts to your health care provider business or practice is being subjected to a federal investigation for healthcare fraud. The Centers for Medicare & Medicaid Services (C.M.S.), as well as the U.S. Department of Justice (D ..read more

Maine Insurance Fraud Defense Lawyer In the state of Maine, insurance fraud is considered a serious violation, and can result in severe punishment. This article will discuss the following points in more detail: The definition of insurance fraud Common types of insurance fraud Penalties for insurance fraud The importance of enlisting the aid of an experienced fraud defense lawyer. What is Insurance Fraud? Insurance fraud is an illegal action on the part of either the buyer or the seller of an insurance policy. In Maine, a “fraudulent insurance act” includes your any of the foll ..read more