The US government has been charging people with bank fraud and other federal crimes related to abusing Paycheck Protection Program (PPP) loans. Some criminals have abused the PPP program and other COIVD-19-related aid, stealing millions of dollars in the process. And yes, some of the accused have been convicted and put in jail. On this… Read More »
If you are ever charged with a state or federal crime, there is a lot of legal language that may confuse the layperson. But if you understand the terminology and procedures, the process may not be as intimidating with the help of an experienced criminal defense attorney. Sealed Indictment Definition A sealed indictment is simply… Read More »
According to the Federal Bureau of Investigation (FBI), mortgage fraud is any false representation or omission relating to the property or mortgage on which an underwriter or lender relies to fund, buy, or insure a loan. Both borrowers and lenders can commit mortgage fraud. Types of mortgage fraud you should be aware of Look at… Read More »
Recently, cryptocurrencies have gained more recognition and momentum. People are investing in cryptocurrencies with the expectation of big profits. At the same time, a report by CBS News states that cryptocurrency scams have soared 1,000% since October 2020. Americans have lost more than $80 million to these scams. But why are people falling prey to… Read More »
Generally, voter fraud under 52USC20511 is defined as illegal voting by an individual. Different states have different laws regarding voter fraud, but voter fraud is usually committed by doing one of the following: Voting more than one time in the same election – double voting. Casting a ballot in the name of a voter who… Read More »
The $525 billion Paycheck Protection Program (PPP) enacted as part of the CARES Act in 2020 helped millions of small businesses weather the COVID-19 pandemic. However, it also provided ripe opportunities for fraud. The Department of Justice has filed dozens of charges alleging PPP fraud. As of Oct. 7, 2020, DOJ has criminally charged 65… Read More »
Not telling the truth about your employment status and claiming you are searching for work when you are not is a form of unemployment benefit fraud. This is a serious charge and you can get jail time if you are convicted. State and federal authorities will take an especially dim view of unemployment benefit fraud… Read More »
The right to protest is one of the most-respected rights in the United States. The First Amendment protects the right of US citizens to peacefully protest. However, there are limits even to our most sacred rights. The right to protest does not allow rioting or inciting to riot. Protests that become violent and destructive are… Read More »
Embezzlement is defined as the theft or larceny of assets – including money or property – by a person in a position of trust in a company with responsibility for those assets. Embezzlement most often happens in corporate and employment settings. There are many ways you can commit the crime of embezzlement. But below are… Read More »
With the advent of body cameras and ubiquity of smartphones, videos of police shootings have brought the reality of the topic to the general public in a visceral way. Through social media and news reports, we often see these acts take place and make our own judgements on how justified the lethal use of force… Read More »
If you have been accused of a crime, you may have heard the terms ‘indicted’ and ‘charged’. What do they mean and what are the differences? Below is more information. Charged A criminal charge is an official allegation that you commited one or more crimes. You can be charged with either a misdemeanor or a… Read More »
A subpoena and a summons are similar. They both give you notice about an upcoming court proceeding. Where they differ mostly has to do with who they are given to; when they are given; and what they are used for. Summons A summons is the official notice of a lawsuit. It is given to the… Read More »
In every state, there are time limits to which a prosecutor can put a case forward. That time limit is known as the “statute of limitations” and it exists for both criminal and civil cases. There isn’t just one single statute of limitations, however. Rather, they change depending on the state and on the type… Read More »
Trespassing, and particularly criminal trespassing, means the accused have entered a property or remained there, without being privileged, licensed, or otherwise authorized to be there. Generally speaking, the offender must have somehow been notified of this, either verbally or through written notice, by someone with property authorization. The laws surrounding criminal trespassing vary tremendously from… Read More »
Drug conspiracies are highly complex cases because many people unwittingly end up getting involved in these. Technically, it means two parties agree to break narcotics laws. The burden of proof lies with the prosecution, who have to show that at least two people agreed to the distribution of an illegal substance, and that the accused… Read More »
In this country, crimes are divided into either misdemeanors or felonies (infractions also exist, which are the lowest form of crime). If a crime can be punished by one year in prison or more, it will generally be classed as a felony. Some states also use a lettered classification to further subdivide the level of… Read More »
People who use drugs and get caught very often face not just drug possession charges, but also drug trafficking charges. If there is any way to show someone is part of a drug network, which a user by default is, then trafficking charges can be put forward. These charges are very serious and can lead… Read More »
During a bond hearing, a defendant has to appear in court and request that the judge allow him to be released from police custody while the criminal case is pending. It is common for the initial hearing, where the accused hears the charges, to also be a first bail bond hearing. This is known as… Read More »
Intellectual property (IP) is one of four different things: Copyright, which covers original literary and artistic authored works. Patent, which covers inventions of machines, processes, and other useful objects. Trademark, which relates to symbols used commercially. Trade secret, which covers information that is confidential and commercially valuable. IP Theft Laws There are numerous laws and… Read More »
The crime of burglary is actually a highly complex crime that comes in varying degrees. They are, as a rule of thumb, first, second, third, and fourth degree, although some states add a further sub-classification of with or without a weapon. In all states, burglary charges are classified as felonies. Fourth degree burglary is the… Read More »
Constitutionally, states generally handle their own criminal law, regardless of the severity of the crime. However, in some circumstances, murder can become a federal crime. Some examples of this happening include murder that attacks the judicial system or U.S. government, murder that happened on a body of water, murder that involved crossing state borders, and… Read More »
Misappropriation of funds is a serious crime and means the illegal and intentional use of the funds of another party for one’s own use. Misappropriation of funds can be done by a trustee, a public official, an executor of a deceased person’s estate, or any other individual with the responsibility to care for and protect… Read More »
Revenge porn is officially known under state laws as intentional distribution of non-consensual porn. This is a type of online harassment that happens when an ex-partner or a hacker posts sexually explicit images of someone online without their permission. This crime has been in the news in recent years related to several celebrities. Whether revenge… Read More »
Burglary, theft and robbery are related, but there are key differences between these three crimes. Of course, what they have in common is they usually involve the unauthorized taking of another person’s personal property. But beyond this, burglary, theft and robbery are separate crimes. Below is more information about what distinguishes them from one another.… Read More »
Strong armed robbery is a specific type of larceny that is committed with a threat of force or intimidation that usually does not involve a weapon. Larceny is is the taking away of another person’s property with the intent to deprive them of the property. An example of strong arm robbery is someone robbing a bank… Read More »
Domestic violence is violent acts that are done by a member of a household or family member. It most commonly involves one’s partner or children. According to the US Surgeon General, domestic violence is the top health concern in the country today. The victims of domestic violence can by anyone, matter their age, race, gender,… Read More »
Child endangerment is a type of child abuse. These are usually state charges that can be brought against you if you put a child in danger of imminent harm of bodily injury, death, or mental or physical impairment. Child endangerment often is included with assault related charges, but it does not require you to commit… Read More »
About ⅓ of US states have felonies subdivided into lettered classes. In most of these states, a class C felony is a mid-range crime. It is a serious felony, but does not rise to the level of the most serious ones, such as murder. Still, you are likely to have a long prison sentence and… Read More »
Assault is defined as an intentional act that leads to fear of harm, or offensive touching. In most states, assault is divided into degrees. Note that assault laws do not require actual physical contact to occur. As long as the victim reasonably fears that contact will happen, the court can rule that assault occurred. The… Read More »
In US criminal law, assault is usually listed with battery, as in ‘assault and battery.’ But assault is a separate charge from battery. Assault is generally defined as attempted battery. It also can be defined as intent to create a reasonable apprehension of harm. Assault essentially refers to situations where a person creates a fear… Read More »
A class D felony is one of the less serious types of felonies. In most states, class D felonies are not associated with dangerous or violent acts; many class D felonies are victimless crimes. However, this crime is still a felony and has serious potential punishments, including a long jail sentence, heavy fines and strict… Read More »
Sexual assault generally means any crime where the offender has subjected the victim to sexual contact or touching that is offensive and unwanted. Sexual assault crimes can range groping to assault and battery, to rape. All states and the federal government prohibits sexual assault, but the precise definitions of sexual assault will vary somewhat by… Read More »
Banks in the US contain trillions of dollars in deposits on any given day. This massive amount of money is tempting for fraudsters. Bank fraud is a federal crime that occurs when people use illegal means to obtain money or assets from a bank or related financial institution. It also can involve scenarios where a… Read More »
International and domestic terrorism are defined in federal law under 18 USC 2331. International and domestic terrorism are defined as violent or dangerous acts that endanger human life, and violate state or federal law. Further, such acts are intended to coerce or intimidate civilians, or are intended to influence government policy or government conduct through… Read More »
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In federal law and in most states, 2nd degree murder is defined as intentional killing that is not premeditated, or a killing that is caused by the person’s lack of concern for human life. Generally, 2nd degree murder is somewhat of a middle ground between first degree murder and voluntary manslaughter. For instance, say a… Read More »
A driver who accidentally causes an accident that leads to the deaths of passengers, occupants of other vehicles or pedestrians can be charged with vehicular manslaughter, or vehicular homicide, depending upon the state. A vehicular manslaughter charge may be appropriate if you were: Driving under the influence of drugs or alcohol Driving recklessly or carelessly… Read More »
A grand jury can use the power of the court to subpoena evidence and witnesses. In this process, the prosecutor will visit the office of the court clerk and obtain subpoena forms. The prosecutor will then fill them out and put the name of the person on each one that is being subpoenaed. The prosecutor… Read More »
Aggravated assault is a serious criminal offense that is punished more severely than other forms of assault. Factors that may raise a regular assault charge to aggravated assault are: Use of a weapon Status of victim Intent of the suspect Degree of injury Assaults that happen in the home of the victim also may constitute… Read More »
Theft has been around as long as mankind has had individual property rights. Today, each state divides theft into various categories. The term ‘grand theft’ describes the theft of property above a specific dollar amount. A theft happens when a person is deprived of their property by another person, with the intent to deprive that… Read More »
Treason is the only crime that is specifically written into the US Constitution. It is defined as intentionally betraying one’s allegiance to their country by levying war against the US government, and/or giving aid and comfort to its enemies. This is the most serious criminal offense one can commit against the government. Punishment is imprisonment… Read More »
Driving with a BAC or blood alcohol concentration of .08 or higher is illegal in all 50 states. DUI, or driving under the influence, includes alcohol and any type of intoxicant or narcotic that can impair your physical abilities and judgement. This also includes prescription drugs. A driver can theoretically register a BAC of .00… Read More »
Although driving under impairment (DUI) is considered a crime in all 50 states, the offense rises to the level of a federal crime in some situations. The legal and social consequences of a federal DUI conviction can be severe. Despite the seriousness of the charge, it is possible for a federal criminal defense attorney to… Read More »
How to Get Your Cash Back The process that you have to go through will depend upon if the cash seizure was done by the federal, state or local authorities. In some cases, you may not know if the forfeiture case is state or federal; however, if it occurs at the border or airport, it… Read More »
Those who are charged with child abuse are facing a very serious crime. The exact sentence and penalties that they will incur vary depending on a range of factors. These include the age of the child, which state the crime was committed in, the extent of the molestation, whether the molestation led to physical or… Read More »
Prostitution and solicitation are two separate, but closely rated, crimes. Solicitation happens when someone demands, encourages, or requests someone to engage in prostitution, which is a criminal act in and on itself. Prostitution, meanwhile, exists in many forms, from sophisticated escort service to street walkers. Engaging in, agreeing to, or offering sexual acts in return… Read More »
Mortgage fraud is an incredibly complicated crime. It is believed that, if accidental omissions and errors were included, at least 10% of all mortgage applications would be fraudulent. What makes something a crime, however, is intent. It can be very difficult to prove whether or not someone intentionally omitted a piece of information, or intentionally… Read More »
Prescription drug fraud is a growing problem, with 3-10% of every healthcare dollar in the US lost to fraud. Federal, state and local law enforcement report that diverted pharmaceutical traffic is one of their biggest problems. According to a survey in 2009, from 28-58% of police agencies around the US reported that street gangs and… Read More »
Phishing is a crime in which a perpetrator sends a form of communication (usually email) to someone else because they want the recipient to inadvertently reveal personal information. The fraudulent nature of a phishing message is cleverly disguised, as they look as if the communication is official. In the message, the recipient is requested to… Read More »
Those who have sexual relations with somebody who has not yet reached the ‘age of consent’ are considered to have performed the crime of statutory rape. Depending on the state in which they live, different charges can be brought against them. Different states also call statutory rape by different names, including ‘sexual intercourse with a… Read More »
There are many different sexual crimes, one of which is sexual battery. What brings all the sexual crimes together is that a sexual act is forced against them without their consent. Sexual battery is the lesser form of this, meaning that no sexual penetration or intercourse took place. However, it is still a criminal act… Read More »
Stalking is a criminal act that involves harassing and repeatedly following someone else. A series of actions have to be identified before something is classed as a crime, however. For instance, it is not a criminal act to wait outside someone’s place of work, to write love letters, or to send flowers. However, when this… Read More »
Sex trafficking has been popularized through television and movies. Pimps look like suave gentlemen living lavish lifestyles with expensive cars and big jewelry. The women, meanwhile, are depicted as adults who voluntarily and consensually engage in prostitution. Unfortunately, this is a highly inaccurate depiction. The reality is that pimps traffic young women, or men, forcing… Read More »
Individuals who can demonstrate financial need can sometimes be provided with benefits or public relief, known as ‘welfare’. What they receive depends on their financial status, disability, and age. Various pieces of welfare exist, including food stamps (Supplement Nutrition Assistance Program or SNAP) and Aid to Families with Dependent Children (AFDC). Welfare payments are made… Read More »
Perjury is the crime of lying under oath. It is a very serious offense because, if not identified, the justice system cannot meet its goal: finding out the truth. Perjury is something that can affect everybody, and the consequences can be very serious. Consider, for instance, that President Bill Clinton was impeached because of it,… Read More »
Pandering laws often go hand in hand with pimping laws. They are designed to stop the sex industry by criminalizing the intermediaries, which are those who transport prostitutes between different locations, solicit money from prostitutes, recruit prostitutes into the sex industry, and advertise sex services. Pandering is a serious offense with the potential for significant… Read More »
Negligent homicide is generally trialed at the state level, as part of their homicide statutes. Usually, it is the lowest form of offense that has the death of another human as a result. Homicide is a very general category, and various situations can describe it. The charge of homicide, and whether it is negligent or… Read More »
Manslaughter is a crime that deals with homicide. What sets it apart from murder is that the culpability of the defendant can be mitigated because no deliberation or malice was found. An unlawful killing took place, as with first and second degree murder, but the circumstances surrounding this killing go some way towards justifying the… Read More »
Indecent exposure is a crime in all states. It involves publicly displaying one’s genitals, which causes alarm or offence to others. Usually, the crime is committed for sexual gratification, as it entices a sexual response. Indecent exposure literally means that bare genitals are exposed on purpose. Female breasts are not classed as genitals, however. Additionally,… Read More »
Human trafficking happens when one or more individuals are controlled and exploited for profit. Victims include adults over the of 18 who are deceived or coerced into commercial sex acts, children who are sold or otherwise used in the sex trade, and anyone who is compelled to take part in forced labor. Across the country,… Read More »
Entrapment is not a crime, but rather a defense. It is used to demonstrate that law enforcement agents and a defendant interacted before a crime too place, and that the defendant was encouraged to commit a crime he or she would otherwise not have committed. The law is in place to stop law enforcement agents,… Read More »
The crime of enticement is a sexual crime, and one that is most often committed against children. As a result, this is a very serious offense with heavy penalties. Each state, however, has very different rules and regulations in terms of defining what constitutes enticement. Similarly, their penalties and their statutes of limitations vary greatly… Read More »
Obstruction of justice is a crime that is different from the norm because it does not involve harm to a person or to property. It does, however, describe a huge range of crimes, but these are committed against justice administration. Statutes at both state and federal level cover these crimes, and laws have been in… Read More »
Aiding and abetting, or accessory, charges can be brought against any person who assisted in the commission of a crime. There are significant differences in the application of this law between states. However, in almost all cases, someone who is guilty of aiding and abetting does not actually have to be present during the crime.… Read More »
There are many violations of the law that endanger the public, but may not be reported. Many witnesses may be afraid that they will be retaliated against in their jobs. When we are in a position to know about criminal wrongdoing, we may be reluctant to act because our incomes and health insurance depend upon… Read More »
A common tactic by federal prosecutors is to bring conspiracy charges against a defendant. Conspiracy is a rather broad type of crime that can be used to describe many types of illegal conduct. Conspiracy charges are tough for the defense. A criminal defense lawyer who has a client charged with conspiracy must work hard to… Read More »
Just as with most state crimes, federal crimes usually have a statute of limitations. This is a limit of time where federal charges may be filed against you or any person who is suspected of committing a crime, within a certain time period of when the crime allegedly happened. This is a protection for people… Read More »
Am I Under Investigation? For persons desiring to know if they are under federal investigation, the database for this is maintained by the Federal Bureau of Investigation. In November 2019 the FBI and its partners at the Department of Justice (DOJ) opened a new data center in Idaho. This project was years in the making… Read More »
Medicare fraud is a serious federal crime that happens when a person knowingly submits fraudulent claims or makes misrepresentations of fact to obtain a federal health care payment to which they are not entitled. Medicare fraud also involves knowingly receiving, soliciting, offering or paying compensation to induce or reward referrals for services, or items reimbursed… Read More »
Federal sex crimes are some of most serious offenses in the United States. These types of federal crimes are associated with the most severe penalties, typically involving a significant imprisonment term, fines and sex offender registration which may negatively influence other aspects of life following imprisonment. When the sex crime involves a child or minor,… Read More »
Federal white collar crimes generally refer to any crime that involves financial gain through illegal activity, often initiated by business professionals. Federal white collar crimes are governed by the authority of select agencies under The Commerce Clause of the U.S. Constitution, including: Internal Revenue Service Securities and Exchange Commission FBI Secret Service U.S. Customs Environmental… Read More »
Defrauding the US government through healthcare fraud is illegal. Committing Medicare and Medicaid fraud exposes individuals and health care organizations to possible criminal, civil, and administrative penalties. Some healthcare fraud criminals face years in prison and thousands of dollars in fines. Healthcare fraud typically involves any of the following crimes: Knowingly submitting false claims or… Read More »
A Federal Discovery Process is one of the steps in the preparation of a trial in many cases. In a Civil Federal Case, the goal of the discovery process is for litigants to prepare legitimate evidence to support their claim. A Criminal Federal Case differs in the Discovery Process to some degree. In a Civil… Read More »
Insider trading refers to the trading of stocks or securities by people who have access to information that is not open to the public. By taking advantage of privileged access to this information, you are considered to be breaching your fiduciary duty. You also can be convicted of insider trading if you tip friends off… Read More »
The Internet is the latest frontier for law enforcement officials. The majority of Internet sex crimes involve people who are underage, dealing in videos of child pornography, or using the Internet to set up sexual contacts with children. Approximately 2,500 people are arrested every year in the US for Internet sex crimes involving minors. About… Read More »
Cyberbullying is using technology to threaten, harass, embarrass or target another person. Some of the most common types of cyberbullying include: Threats on online social media Rude texts Mean or negative tweets Posting personal information and/or videos that are intended to hurt and embarrass someone Cyberbullying also can include pictures, messages or web pages that… Read More »
A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is now legal in Colorado but still deemed illegal by the U.S. government). Federal crimes are prosecuted in federal courts… Read More »
Per the laws of the United States, criminal offenses can be considered state offenses or federal offenses. They are prosecuted accordingly, either at the state level or at the federal level. A federal crime is one that has been made illegal by federal legislation. Many types of federal crime are also illegal at the state… Read More »
When trying to prosecute many crimes, the only way that the U.S. Attorney’s office can get some necessary evidence is to get it from people who were involved in the crime being prosecuted. People involved in criminal activity try to cover their tracks and make sure that they only people who know about the crime… Read More »
Drug trafficking crimes get a great deal of attention at both the state and federal level, and it is easy to see why. Drug abuse costs the US over $10 billion per year, due to death, injuries, health care costs, treatment, incarceration expenses and more. What constitutes drug trafficking? If you are being charged with… Read More »
The federal Racketeer Influenced and Corrupt Organizations Act “RICO” is often thought of as a law designed to combat the Mafia. While that is how the law was first primarily used and intended, it has been applied in cases involving organizations that few people would mistake for the Mafia, including Major League Baseball, the Key… Read More »
One of the most common federal charges against criminals is federal conspiracy with intent to distribute drugs, which is covered in 21 USC 841 and 21 USC 846 of the Federal Code. If you are facing these serious charges, it is very important for you to understand the laws underlying this statute. You are facing… Read More »
Federal drug trafficking/distribution laws provide stiff penalties for the selling, transportation and illegal importation of illegal drugs,such as marijuana, cocaine, heroin, methamphetamine and other drugs. Drug trafficking and distribution is a felony, and is much more serious than simple drug possession. If you are found possessing drugs, you can be charged with trafficking if law… Read More »
The process of criminal justice in the US will vary some, depending if it is a federal or a state crime. However, the general criminal justice process in the US during and after the initial arrest is as follows: Arrest If a police officer has probable cause that you have committed a crime, they generally… Read More »
First time federal criminal defendants often hear the word “Arraignment” and get a little scared because the word itself is formal and not used outside of criminal law. This leads defendants to expect that something big will happen at their arraignment hearings. However, after the hearings, it is common for defendants to turn to their… Read More »
When people talk about having pending federal charges, they are talking about one of two things: Charges that have been filed, but not yet prosecuted, or Charges that will be filed. These are very different circumstances that have to be handled in different ways. Charges Already Filed Sometimes, an Assistant U.S. Attorney will file criminal… Read More »
Most federal criminal cases never go to trial. Instead, they end with a formal plea bargain between the defendant and the U.S. Attorney’s office. The defendant agrees to plead guilty and in exchange the prosecution agrees to either drop some charges or agrees to recommend a shorter sentence for the defendant. The prosecution normally likes… Read More »
If someone has been convicted of or plead guilty to a federal crime, the pre-sentence report is perhaps the most important document in his or her life. This is a formal report issued by the U.S. Probation Office that is presented to the judge. The report details what the Probation Office thinks is an appropriate… Read More »
Why is Rule 10. such a key federal rule? First let’s note an arraignment hearing is one of the many small steps in the federal criminal process that must occur in all cases. Traditionally, the arraignment required the defendant’s personal presence in the courtroom. However, recent amendments to Rule 10 of the Federal Rules of… Read More »
In the mid-1980s, new federal laws were passed that provided for mandatory minimum sentences for many drug offenses. Many legislatures in the US adopted these harsher sentences to fight drug offenses. The idea behind these laws was to punish large drug dealers and traffickers with tough prison sentences. The federal system led the way when… Read More »
Federal criminal investigations are not like other investigations. When most of us start investigating something, we do not have an idea of what happened. We seek people out who might know and start asking them questions. As we get more information, we start to form an opinion. However, by the time that federal criminal investigators… Read More »
The grand jury has a very important role in the criminal process at both the state and federal levels. It is however, a part of the criminal justice system in the United States that is often shrouded in mystery. If you are being investigated for a possible federal crime by a federal grand jury, it… Read More »
Bank robbery has a long and sometimes even a somewhat glamorized history, thanks in large part to its depiction in films and TV. But the reality is that it is one of the most serious crimes a person can be charged with, leading to very long prison sentences and other penalties. Bank robbery is just… Read More »
Child pornography is defined as any pornography that involves a minor under the age of 18. The media doesn’t matter, and magazines, photos, drawings, sounds, film, and more can all be considered child pornography. There are technically two types of child pornography – simulated child pornography and porn created with the direct involvement of the… Read More »
In one form or another, counterfeiting has existed for hundreds of years and is still a problem today. There are two main types of counterfeiting crimes that are commonly committed today – counterfeiting currency, and counterfeiting goods. Both are very serious and will be charged as felonies. Additionally, the specific situation could bring even heavier… Read More »
While immigration laws are put in place in order to help control the influx of people to a country, and while nearly all nations in the world have them, US immigration law is one of the most controversial. This is largely due to a history of exclusionary, near-xenophobic laws that are now much more inclusive… Read More »
Kidnapping is a type of crime that involves taking a person away, imprisoning, confining, or transporting a person against their will. There are many different types of kidnapping, and the type that one is charged with will depend upon the specifics of the crime. Kidnapping is done for ransom, in child custody cases, to further… Read More »
Mail fraud is defined by US law as any type of scheme involving fraud that intentionally deprives others of property or communications through the mail. It also includes wire communication, and is a federal crime that has been on the books since 1872. There have been many schemes and frauds over the years, though the… Read More »
Drug possession is one of the most diverse and common types of criminal drug charges that Americans face today. It can also be one of the most serious, depending upon the specifics of the possession charge. Essentially, possession is the act of possessing illegal drugs, either on one’s person or on their property. Simple possession… Read More »
Smuggling is the act of transporting goods across borders in order to avoid import or export restrictions, avoid customs agents, or to avoid any other kind of notice from authorities. When most people hear the term, they think of narcotics, weapons, or even humans. But numerous other goods are smuggled regularly across international borders, ranging… Read More »
Federal criminal prosecutions follow strict procedural maps. Before one thing can happen, other things must have happened first. An obvious example is that before someone can be sentenced for committing a crime, he or she first has to be convicted of that crime. There are many other landmarks in the prosecution of federal crimes that… Read More »
The full definition of embezzle is to appropriate property entrusted in ones care fraudulently to ones own use. Embezzlement is a type of financial fraud. More often than not, embezzlement is performed in a manner that is premeditated, systematic and/or methodical, with the explicit intent to conceal the activities from other individuals. Embezzlement usually involves… Read More »
Blackmail is a criminal offense in which a party, who has obtained information about a victim, demands or receives “money or any other valuable thing” as a consequence for not informing third parties about the information in question. Blackmail is considered a federal crime and can be punishable by either fines or imprisonment depending upon… Read More »
Chapter 11 of the United States Code defines bribery as any act in which a person directly or indirectly gives, offers, or promises anything of value to a public official in order to influence any official act. Precedent has shown that the individual in question does not need to be an elected official at the… Read More »
Computer & internet fraud refers to any form of fraud that is facilitated using an electronic communication network such as the internet. Fraud, in turn, is defined in federal law by 42 CFR 455.2, which refers to “an intentional deception or misrepresentation” by any individual which is intended to result in unauthorized benefit or material… Read More »
Conspiracy is a large category of crimes in which more than one person works together in secret with the object of committing a crime. In federal and state laws, there is no such thing as a criminal conspiracy that stands alone – that is, you cannot “conspire” to engage in a noncriminal act. Rather, conspiracy… Read More »
Public corruption is a broad category of white-collar crime defined by a breach of public trust or an abuse of power enacted by public officials. Corruption can take place when the corrupt individual receives a bribe or solicits one. Although all states have laws pertaining to public corruption, federal corruption charges are made more likely… Read More »
Credit card fraud is defined in U.S. Codes 18 USC § 1029. Under these rules, credit cards and similar items that provide access to financial institutions are known as “access devices.” Federal laws cover anyone who knowingly, or with fraudulent intent, produces or distributes fraudulent credit cards. Likewise, anyone who engages in the use of… Read More »
Federal drug charges result from violations of the federal laws pertaining to possession, manufacture, and sale of controlled substances. Federal Drug Charges Laws Federal and state drug laws differ markedly. State drug laws have a tendency to be relatively lenient compared to federal laws depending upon the specific activity that the alleged possessor of drugs… Read More »
Espionage is a broad category of federal crimes defined by 18 USC Chapter 37. The motivating factor in most cases of espionage is the collection and provision of sensitive information from the United States government to other entities or agencies abroad. Since 9/11, the frequency and harshness of espionage case prosecution has increased. Whenever someone… Read More »
Under federal law, there are many different types of extortion that might be prosecuted as a federal crime. Extortion can stand on its own as a federal offense, or it can be part of a pattern of offenses including bribery and corruption. One of the most pertinent forms of federal extortion is defined in 18… Read More »
There are various types of fraud that can be punished under federal law. Generally speaking, fraud refers to intentional deception that has an element of personal gain or that can damage another person. Federal government fraud refers not only to fraud perpetrated by members of the federal government, but fraud committed by other private individuals… Read More »
Federal gun charges are among the most complex of federal laws. All states, as well as the federal government, have a sophisticated network of laws relating to who can possess firearms, what firearms may be possessed, where they can be used, and how they may be used. That being the case, there are many different… Read More »
Larceny and theft often are used to refer to the same thing in many circles, but there are some major differences regarding the nature of the crimes involved. Once the amount of the stolen item is over $250, it goes from a misdemeanor to a felony. At that point, it then is a grand larceny… Read More »
Money laundering refers to any organized network of activities intended to “convert” money obtained from illicit activities so that it appears to be money gotten from lawful sources. Money laundering is frequently the hallmark of organized crime syndicates. Criminal cartels make use of “front” businesses that appear lawful in order to construct a new “paper… Read More »
Phone & telemarketing fraud is any form of deception or misrepresentation intended to result in material gain and executed over the phone or by way of telemarketing. Telemarketing fraud is one of the fastest growing categories of federal crime in the United States and is estimated to be the source of tens of millions of… Read More »
Federal racketeering laws arose from the legal difficulty of prosecuting the leaders of organized criminal cartels. Under the federal Racketeer Influenced and Corrupt Organizations Act, also known as 18 USC §§ 1961-1968, legislators sought to address loopholes that had allowed some criminal bosses to avoid prosecution for activities by avoiding association with criminal acts their… Read More »
Securities fraud is an extremely complex subject. In a general sense, it refers to any form of fraud that has to do with securities such as stocks and bonds. During the process of becoming a public entity, corporations must disclose an extraordinary amount of information to federal regulators and to potential investors in order to… Read More »
Federal sex crimes include those forcible and other crimes with a sexual element that take place within a federal jurisdiction. They can also include sexual crimes leveled against individuals who cannot consent under the law, including minors and some individuals whose ability to consent is impaired by a medical or other condition. In many cases,… Read More »
Under federal laws, certain kinds of financial transactions must be reported by banks to the federal government. Although banks bear the ultimate responsibility for reporting these transactions appropriately, individuals may choose to “structure” their transactions in such a way that they will be able to dodge these reporting requirements. For example, although banks are required… Read More »
Tax evasion is any willful, systematic attempt to avoid paying federal taxes by falsifying documents or avoiding reporting requirements. Experts estimate that hundreds of millions of dollars in federal taxes go unreported every year in the United States. Of these, the majority is believed to “disappear” through unreported income that does not have a sufficient… Read More »
While fraud is the category of crimes that focuses on intentional deception for material gain, wire fraud is the category of fraud that has to do with the use of telecommunications equipment such as wire, television, or radio. It is defined under federal law by 18 USC § 1343 and is distinct from other categories… Read More »
The purpose of the website is so that people who receive a target letter from the United States attorney’s office retain counsel for the limited and immediate purpose to intervene and alert the United States attorney’s office that the target of a federal grand jury investigation will be engaging counsel. Then decisions, whether to cooperate… Read More »
Title 18 of the United States Code is the criminal and penal code of the federal government of the United States. It deals with federal crimes and criminal procedure. According to 18 USC Criminal Code the following crimes are considered federal of nature: Aircraft and Motor Vehicle Crimes – Aircraft and motor vehicle crimes include destruction… Read More »
A criminal justice system without punishments for people convicted of crimes would be pointless. Such a system could conclude that someone was guilty, but would not have the ability to do anything about it. Most people would not view the system as just and the system would do little to deter anyone else from committing… Read More »
Embezzlement is a form of property theft. It happens when a person who was supposed to manage another person’s or entity’s property, steals some or all of those assets. The important legal aspect is that the person had legal access to the money or property of another but did not actually have legal ownership of… Read More »