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Understanding the Details That Make a Crime a Federal Offense
One of the most common questions we get asked at our criminal defense law firm is "What makes a crime a federal offense?" It is a good question, and one that deserves a thorough answer. In short, there are three primary factors that determine whether or not a crime is considered a federal offense: the subject matter of the crime, the location in which the crime took place, and the laws that were violated. Let's take a closer look at each of these factors.
Subject Matter or Substance of the Alleged Crime
The first factor to consider is the subject matter of the crime. Some crimes, by their very nature, are automatically considered federal offenses. These crimes include but are not limited to drug trafficking, money laundering, and terrorism. Other crimes can become federal offenses if they involve some sort of interstate activity (i.e., activity that takes place between two or more states). Interstate activity can be anything from using the mail to transport illegal drugs across state lines to committing fraud against a bank that has branches in multiple states.
Some Examples of Federal White-Collar Crimes
White-collar crimes are non-violent offenses that are often prosecuted against business professionals. These crimes are typically motivated by gain and are characterized by deception or concealment. A goal of a white-collar crime is benefiting in regard to money, property, or services. In these cases, a prosecutor will typically rely on paper trails and digital history rather than physical evidence such as DNA.
Understanding White-Collar Crime
The term white collar crime began to be used around 1939 and is a broad term for a variety of offenses. Since there are many violations that are considered white collar crimes, the consequences can vary. Possible penalties include fines, probation, community service, and imprisonment.
Getting charged with a white-collar crime can ruin your reputation, business, and lifestyle, and it is important to understand the nature of the charges and the best way to respond to them. Some violations that are considered white collar crimes include:
Two Chicago-Area Men Convicted in Federal Drug Investigation
When you think of “getting busted” for the possession or distribution of drugs, you might think of a local police officer happening to stumble upon a “drug buy” and arresting the parties involved. Or maybe, the cops were called to an area where a loud party was disturbing neighbors, and the police found several people in possession of illegal drugs.
While these scenarios can and do occur, other arrests and subsequent prosecutions are the results of lengthy investigations by state and federal law enforcement agencies. In such cases, it is not unusual for those arrested to face many years behind bars if they are convicted. Last month, two Chicago area men learned this lesson the hard way when they were convicted for their roles in bringing illegal drugs to Chicago from Mexico.
Disrupting the Drug Pipeline
According to court documents and information released by the U.S. Department of Justice, two men from suburban Chicago were found guilty of federal drug conspiracy charges last month after a week-long trial in federal court in Chicago. Each man now faces a mandatory minimum sentence of ten years in federal prison with a maximum of life in prison. One of the men was also convicted on a federal drug possession charge, making his mandatory minimum sentence 15 years with a maximum of life in prison.
Update: Federal Charges Filed Against an Illinois Businessman for Wire Fraud
Originally Published: November 17,2020 ------ Updated: September 13, 2022
Defendant Pleads Guilty to Two Federal Crimes
In November 2020, we told you about a Chicago-area businessman who was facing federal charges of wire fraud and money laundering in connection with an alleged scam. According to federal prosecutors, the man’s scheme involved offering personal protective equipment (PPE) for sale to hospitals and medical facilities. The offer coincided with the height of the COVID-19 pandemic, and prosecutors believed that the man was trying to take advantage of the international crisis.
Prosecutors alleged that the man offered the PPE for sale but never delivered the products, including more than one million N95 masks, to the ordering facilities. When the hospitals followed up with the man and his Willowbrook-based company, at least one facility was allegedly told that the man had no record of receiving the payment. Federal officials say, however, that the man altered bank records to hide the receipt of the funds from his business partners and that he used the money, in part, on Italian sports cars and a Range Rover. All told, the man was accused of stealing or misdirecting more than $3 million.
Marrying a Foreign National and Immigration Fraud Charges
We have all seen movies that show the lead characters from different parts of the world falling in love with one another and finding their proverbial “happily ever after.” Even in real life, there is often something very appealing about a foreign accent and the customs of another country. While we cannot control who we fall for, there are some things you should know about marrying a foreign national who is not a lawful permanent resident of the United States so that you can avoid the possibility of federal immigration fraud charges.
Non-Immigrant Visas
Each year, thousands of foreign nationals come to the United States on temporary, non-immigrant visas for a variety of reasons. Some are students in international study programs, and others come for work-related or business purposes. There are specific visas available for each of these situations. For those who simply wish to visit the United States, there are tourist visas available as well.
Pyramid Schemes vs. Multi-Level-Marketing: How Can I Tell the Difference?
New multi-level marketing (MLM) companies pop up all the time. Nearly everyone has a friend who is always trying to get them involved in the latest supplement, candle, or makeup line, with promises that if your interest goes beyond merely purchasing and you begin distributing, too, potential riches await. Cars, bonuses, and free products are just a few common rewards the MLM companies promise to their expanding network of employees.
Those who invest their time and money in MLM companies often feel as though they got swindled or duped. Perhaps the product is not as good as they had hoped, or it is much harder to get friends and family interested in another miracle protein shake. Yet, unlike pyramid schemes, which bear many similarities to MLM schemes, MLM is legal. Why? And, if you are being charged with federal financial fraud for being involved in a pyramid scheme, is believing it to be an MLM campaign a defense?
What Should I Do if I Am Facing Charges of Domestic Terrorism?
After the horrific events of September 11, 2001, U.S. Congress enacted the USA PATRIOT Act. Meant to deter and punish terrorists, the PATRIOT Act significantly broadened measures to catch terrorists, including domestic terrorists, and keep Americans safe.
While the PATRIOT Act was undoubtedly enacted with lofty goals in mind, critics immediately voiced concerns that continue to this day. Activist campaigns and organizations frequently engage in activities that could technically be considered domestic terrorism, and indeed, people are sometimes prosecuted for acts of conscience. Certain sections of the Act, including those on civil forfeiture, broadened government powers in ways that critics claim are easily abused. If you are facing charges of domestic terrorism, know that you do not have to face them alone. You can get help from a criminal defense attorney and fight the charges against you.
Are Telemarketing Scams Federal Crimes?
The state of Utah was shocked last month when a reality TV star on Real Housewives of Salt Lake City pleaded guilty to federal criminal charges of committing federal wire fraud in a telemarketing scheme. While the reality TV storyline may prove irresistible to viewers, charges of federal telemarketing fraud carry serious consequences including extended time in federal prison. Under the terms of this reality TV star’s plea deal, she could spend up to 14 years in prison. If you or someone you love has been arrested for telemarketing fraud, it is important to understand this crime and the potential consequences you may face.
Federal Mail and Wire Fraud Crimes
For most of us, scams are an obnoxious part of life. While many of these scams use either obvious or well-known tactics, others are quite sophisticated and more difficult to see through. No matter their level of sophistication, however, they are all illegal - whether they occur over the phone, through email, over text message, or by snail mail.
Will I Go to Federal Prison for Robbing a Bank?
At the end of July of this year, an Illinois woman was arrested and charged with aggravated robbery for robbing a bank in Bloomington, IL. While her trial has yet to take place, she will likely face harsh federal consequences if convicted. This is because the vast majority of banks are covered by a federal law making robbery a federal crime. So if you have been busted robbing a bank, will you go to federal prison? If you are convicted, you almost certainly will. Read on to learn more and then contact an Illinois federal criminal defense lawyer for help.
Is Every Bank Robbery a Federal Crime?
Every bank that is part of the Federal Reserve System is covered by a 1934 law that makes it a federal crime to rob any member bank. The vast majority of banks in the United States are member banks of the Federal Reserve System because their deposits are insured by the federal government. This protects customers from the kind of losses they experienced during the Great Depression, but it also means that crimes committed in banks are covered under federal law as well as state law.
Can I Be Charged with a Crime for Searching Something on the Internet?
Almost every adult in America uses search engines every day. For most of us, our search histories remain private forever - something we typically are grateful for, considering the inherent privacy most of us would prefer when asking all those questions that randomly come to mind. While we can generally feel secure that our searches are done anonymously, certain keywords and phrases can trigger the attention of federal law enforcement. Even a search done out of pure curiosity with no ill intentions may trigger an internet crimes investigation, and curiosity alone may not be a sufficient criminal defense. If you have law enforcement asking questions about your online behavior, contact a criminal defense attorney right away.
Is the FBI Monitoring Civilian Search Histories?
The FBI and other law enforcement organizations usually have no interest in what you might be looking up online. But if you are consistently looking up words, instructional materials, or other suspicious search terms that may indicate interest in criminal behavior, you may end up on a government watchlist.
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