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Are You Facing Federal Mortgage Fraud Charges?

Posted on in Fraud

IL defense lawyerMortgage fraud is a severe type of white-collar crime typically involving misrepresentation, omission, or other fraudulent activities during mortgage lending. It becomes a federal crime when such actions are set in motion and affect federally insured financial institutions. The consequences of a mortgage fraud conviction can be extremely severe, with a conviction bringing extended prison sentences and steep fines. Therefore, if you have been charged with such a crime, contacting a federal crimes defense attorney is crucial to understand your options and rights.

Essential Considerations for Federal Mortgage Fraud

Mortgage fraud becomes a federal offense when it falls under the jurisdiction of federal law. Some common examples of federal law that may be implicated in these kinds of cases include wire, mail, bank, and securities fraud. In addition, mortgage fraud that affects the government in any way, such as a VA loan or an FHA-insured loan, would also be considered a federal offense.

Federal mortgage fraud occurs when an individual or group seeks to defraud a federally insured or regulated financial institution by making false or misleading statements to obtain money or other property. This may include falsifying income, assets, or employment information, misrepresenting the purpose of a loan, or concealing debts or other financial obligations. Understanding that the federal government has significant resources dedicated to prosecuting mortgage fraud cases is essential. Because of this, mortgage fraud charges need to be taken very seriously.

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IL defense lawyerFederal drug charges are some of the most severe crimes a person can face, often resulting in grave consequences for those convicted of such offenses. Understanding what constitutes federal charges can be challenging, as there are several factors to consider when it comes to federal drug crimes. If you have been charged with a federal drug crime, you must hire a criminal attorney up to the task of defending you against these serious charges, as a conviction could result in decades of years in prison and hefty fines.

What You Need to Know About Federal Drug Charges

First and foremost, a drug-related offense becomes a federal charge when it violates United States federal law. While each state has its laws regarding drugs and drug-related crimes, federal drug charges typically stem from offenses that cross state lines or violate federal laws and regulations.

The possession of controlled substances is one of the most common types of drug charges that can result in federal prosecution. The federal government classifies drugs into five categories or schedules, with Schedule I drugs being the most addictive and dangerous and carrying the most severe penalties. Schedule I drugs like heroin, peyote, MDMA, LSD, and marijuana can result in serious federal charges.

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What Constitutes Federal Money Laundering?

Posted on in Money Laundering

IL defense lawyerFor those unaware, money laundering is a crime categorized as a federal white-collar offense involving the process of disguising the proceeds of illegal activity as legitimate money and involving individuals in multiple states or countries. Money laundering is taken very seriously by law enforcement authorities and can carry severe criminal penalties like fines, significant prison time, and asset forfeiture. If you have been charged with money laundering, immediately contact a criminal defense attorney to fight these charges.

Everything You Need to Know About Federal Money Laundering

When it comes to federal money laundering, the core elements of the offense involve using the financial system to conceal the illegal source of funds. Specifically, federal money laundering often consists of a series of transactions designed to make it appear that funds are from a legitimate source when in reality, the funds come from criminal activities such as drug trafficking, fraud, or other illegal activity.

Federal money laundering can involve a wide variety of financial transactions, including structuring transactions in a way that avoids triggering financial reporting requirements, using financial institutions in different jurisdictions to transfer funds, buying and selling high-value items such as real estate or jewelry with illegal proceeds, and using cash to buy assets or to fund businesses, and more.

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IL defense lawyerThe concept of “reasonable doubt” is perhaps one of the most critical legal concepts in the United States criminal justice system. It is particularly important in federal crimes since the severity of the consequences relating to a conviction may be especially grave. Therefore, if you have been charged with a federal crime, it is essential you understand the concept of reasonable doubt as you move through your criminal proceeding. During this time, a criminal defense attorney may be an invaluable asset to you as you look to avoid a conviction and move on with your life.

What is Most Important to Know Regarding Reasonable Doubt?

In federal crimes, to ensure the criminal system is fair and just, the federal government must prove beyond a reasonable doubt that the defendant committed the crime they have been charged with to secure a conviction. Reasonable doubt is a state of mind that exists when jurors cannot honestly say whether they are entirely convinced of the defendant’s guilt or innocence. In federal criminal law, the prosecution, not the defendant, must meet the burden of proof. This means that the government needs to show beyond a reasonable doubt that the defendant is guilty of what they have been charged with. If reasonable doubt exists in the minds of the jury, the defendant must therefore be found not guilty.

Reasonable doubt is the complete opposite of speculative doubt or imaginary doubt. It is doubt based on evidence or lack of evidence presented in court. It is important to note that beyond a reasonable doubt does not mean that no doubt can exist in the jurors’ minds. Reasonable doubt simply implies a level of doubt that would result in a reasonable person acting with hesitation before deciding on a matter of importance.

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IL defense lawyerDrug charges are serious offenses that can have long-lasting consequences, including steep fines and imprisonment. If you are facing a federal drug charge, it is essential to have a strong defense strategy to protect your rights and to fight to avoid a devastating conviction. Federal drug crimes are prosecuted aggressively. As a result, if you have been charged with a federal drug crime, contact the services of an experienced criminal defense attorney right away, as your freedom may be in jeopardy.

Examples of Defense Strategies

Here are some different defense strategies that may be used to defend against a drug charge:

  • Challenging the search and seizure – One of the most common defense strategies used in drug cases is to challenge the search and seizure that led to the discovery of the drugs. In the United States Constitution, the Fourth Amendment clearly protects individuals against unlawful searches and seizures. If the police conduct an illegal search, any evidence obtained will likely be suppressed.
  • Claiming lack of knowledge – In some cases, defendants may claim they had no knowledge of the drugs in their possession. This defense strategy may be effective in cases where the drugs were found in a shared space or in a vehicle that belongs to someone else.
  • Challenging the chain of custody – The chain of custody refers to the process of handling and documenting evidence from when it is seized until it is presented in court. If there are any gaps in the chain of custody, it may be possible to challenge the admissibility of the evidence.
  • Arguing lack of intent – Sometimes, defendants may claim that they did not have the intent to distribute or sell drugs. However, this defense strategy may be ineffective if the drug is found in large quantities or packaging that suggests a major drug-trafficking operation is afoot.
  • Arguing police misconduct – If you can prove that the police engaged in misconduct, such as planting evidence or fabricating a case against you, you may be able to have the charges against you dismissed.

Contact a Chicago, IL, Drug Crimes Attorney

If you have been arrested for a federal drug crime, you may feel like all hope is lost. Fortunately, with high-quality legal counsel, you can place yourself in a position where a favorable case outcome is possible. Contact the Chicago, IL drug crimes lawyer with Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney for competent criminal legal representation. Call 312-629-0669 for a free consultation.

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