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Hal Garfinkel is retained as the defendant's lawyer in the Chicago high profile murder case of Marlen Ochoa-Lopez. Read more...
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Illionois defense attorney,  Illinois criminal defense lawyerThe crime of mail fraud was first addressed by the federal government in the mid-1800s after evidence surfaced that people were using the U.S. mail system to conduct various scams. The interstate nature of the mail (and eventually wire service) effectively required the matter to be one of federal interest. As a result, in 1872, it became a federal crime for a person to use mail services—and now the internet—to willingly and knowingly deprive another person of their money, property, and/or services.

It is important to keep in mind that in order for an act or scheme to constitute mail or wire fraud, it must intend to defraud another party by means of wire communication or the mail. This means that an advertisement for a legitimate product or service—even one that is deceptive or misleading—is not generally considered fraudulent. The intent of the accused is the key to the case. The suspect must have intended to obtain something for nothing in order for the act to constitute fraud.

State and Federal Charges

In Illinois and some other states, wire and mail fraud are also prosecutable at the state level. If you are charged with both state-level mail fraud and federal mail fraud, your cases will likely be pushed up to federal court. The elements of such cases are similar at both levels.

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Illionois defense attorney,  Illinois criminal defense lawyerFederal offenses are often misunderstood, mainly because people are more familiar with state crimes that are prosecuted at the state level. Federal crimes are those that violate federal law and, although state law often mirrors this law, there are times when the crime has certain elements that make it a federal offense. A drug crime, for example, violates state law but if the crime involves a border crossing, it becomes a federal crime. Drug offenses are one of the most common federal crimes, as are weapons crimes and white-collar crimes.

Drug Crimes

Any offense that violates the federal Controlled Substances Act is considered a federal crime. Drug crimes are some of the most common offenses at the state level too, but there are some significant differences between the two. For example, while many states have legalized marijuana use, even in these states it is illegal to consume the drug on federal property. If someone was found consuming marijuana on federal property, they could face federal charges, although it would be unlikely.

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Posted by on in Fraud

Illionois defense attorney,  Illinois criminal defense lawyerWhen most people think of tax fraud, they typically think of a person that tries to avoid paying the proper taxes they owe and then get charged with tax evasion. While that is certainly one type of criminal offense involving taxes, there are others as well. These offenses fall under the umbrella term of tax fraud and many people can be charged with these crimes, including accountants, without even realizing that they engaged in criminal activity.

What Is Tax Fraud?

Tax fraud, in its simplest terms, occurs when a person makes intentional misrepresentations, or false statements, on a tax return, or a person falsifies tax documents. Tax evasion, on the other hand, refers to using illegal means to avoid paying taxes. Tax fraud is governed under 26 U.S.C. 7206 (1) and under this statute, a person may face charges of tax fraud if they:

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Posted by on in Fraud

Illionois defense attorney,  Illinois criminal defense lawyer, IL bank fraud attorney When the FBI announced this past year that bank fraud was on the rise, it did not come as a surprise to many. Today, information is kept on servers and computers, which skilled hackers can learn how to access to commit fraud. Unfortunately, not everyone charged and arrested for bank fraud is guilty. Overzealous law enforcement officials often charge the wrong person in pursuit of making arrests and helping the prosecution with securing a conviction.

Due to this overeagerness, there are many people that need a strong defense against bank fraud charges. Some of the most common defenses used are found below. If you have been charged, an experienced federal criminal defense lawyer will use one or more of these when proving your innocence.

Lack of Intent

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Posted by on in White Collar Crime

Illionois defense attorney,  Illinois criminal defense lawyerIn early January, former Congressman Chris Collins was sentenced by a federal judge to over two years in prison for insider trading and making false statements to federal agents. The former congressman told his son that the results from the clinical trial conducted by Innate Immunotherapeutics were negative. Armed with the tip, Collins’ son sold his shares, and many others followed. Along with the jail time, the judge also sentenced him to a fine of $200,000.

Collins admitted to what he had done, saying that he was a disgrace to not only his son, but also the constituents he once served. However, not everyone charged with insider trading is guilty. For these individuals, there are many defenses available.

There Was No Purchase or Sale of Securities

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