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How Can You Defend Against Bank Fraud Charges?
It is easier than you might think to find yourself facing federal bank fraud charges, even if you did not intend to do anything wrong. The problem with fraud cases is that a prosecutor must prove that you were knowingly trying to defraud a financial institution - when you may have in fact have unknowingly made a mistake on some paperwork. Facing federal charges is a frightening experience. You may be afraid of long prison terms, asset forfeiture, and loss of a career or your reputation in the community. These fears are reasonable. It is important that you are represented by an experienced attorney during any federal criminal proceeding.
What Are Some Defenses to Bank Fraud?
To convict you of federal bank fraud, the government will have to show that you knowingly defrauded or attempted to defraud a bank or obtained or tried to obtain assets from a financial institution through fraudulent means. The operative word is “knowingly.” Forgetting to list an old debt on a loan application, or absentmindedly writing your nickname on an official form could be construed as attempts at fraud, despite being inadvertent, if careless, mistakes.
Can I Be Charged With Drug Trafficking if I Have My Illinois Medical Marijuana Card?
The short answer is yes, but there is much more to the story. Your Illinois medical marijuana card allows you to possess and use a reasonable amount of THC product within the state. It does not give you permission to sell THC products or to transport them across state lines. Marijuana is still illegal at the federal level, and you can still be charged at the federal level even if you are not breaking any Illinois state laws. If you are being charged with federal drug trafficking or another federal drug crime, you will want to find an experienced criminal defense lawyer as soon as you can. All federal charges are extremely serious, and you could be facing years in prison.
When Can a Medical Marijuana Patient Be Charged With Trafficking?
If you are just using your medical marijuana yourself, appropriately, you are unlikely to ever be charged even though marijuana is federally illegal. When medical marijuana patients get charged with marijuana crimes, it is almost never related to personal use. Medical marijuana patients generally only get charged at the federal level if they:
What is a Phishing Scheme? Is it a Federal Crime?
Whether you have heard this type of scheme referred to as “phishing” or not, you are likely familiar with the scheme itself. “Phishing” involves pretending to be someone else in order to gain access to sensitive information. While no specific federal statute criminalizes phishing specifically, phishing is a common precursor to other internet crimes, like identity theft and wire fraud. If you are facing a criminal charge as a result of a phishing scheme, you should make securing strong legal representation your top priority.
What is Phishing?
Phishing is when a scammer sends an email or makes a phone call impersonating someone else in an effort to gain access to sensitive information. One common example of a phishing scheme is when someone sends out a mass email pretending to be from a bank and asking recipients to turn over personal information, such as their social security number or account numbers. The phisher then uses that fraudulently obtained information to steal the victim’s identity.
Can Money Laundering Be Charged By Itself?
Money laundering is the crime of hiding money earned through criminal enterprise by filtering it through what appears to be a lawful business in order to make the money look “clean.” But for money laundering to take place, there must have been some other crime committed that resulted in a profit in the first place. Yet, some people find themselves charged with federal money laundering alone. How does this happen?
If you are facing federal money laundering charges, it is important that you take the matter very seriously, even if you do not feel that you did anything wrong. Federal charges can lead to years in prison, steep fines, and far-reaching social and economic consequences. You will need to work with an experienced and qualified attorney to minimize your chances of suffering these harsh consequences.
How is Money Laundering Committed as a Crime by Itself?
For money laundering to take place, there must be “dirty” money in the first place. This means that a second, profitable crime was committed before the money could be laundered. So how exactly does someone commit money laundering without committing a different offense first?
Defending a High-Profile Case
Being charged with any serious federal crime is bound to be an intensely stressful experience. If your case garners media attention, the experience can become not only even more stressful, but riskier legally. Press attention can influence the outcome of a case, so its power is not to be underestimated. There are special considerations in defending a high-profile case that not every lawyer has the experience needed to manage well. You will need to ensure that you are represented by a defense attorney who is prepared to represent you both in the courtroom and to the public.
Ways an Attorney Can Protect You in a High-Profile Case
“Trial by Media” has the potential to become a serious problem for some defendants. It is often to the media’s advantage to “convict” someone accused of a crime, well before the case actually goes to trial - it makes for more exciting news. However, the media often does not paint a complete or accurate picture of the events leading to an arrest. If not managed correctly, a negative public view can lead to unfair treatment of a defendant during trial. There are a few ways a lawyer might try to mitigate problems caused by an unfair “trial by media.”
Why Are My Charges Considered Federal?
You may be wondering why you have been charged with a crime at the federal instead of state level, especially if you and any alleged victims are all in the same state, or you never left Illinois while allegedly committing a crime. There are a number of reasons that a crime may be federally prosecuted. Being charged with any federal crime is a very serious matter that puts both your freedom and, often, your financial well-being at grave risk. It is important to contact an experienced and well-qualified attorney as soon as you learn that you are facing federal charges.
What Are Some Reasons a Crime Might be Prosecuted in Federal Court?
For a crime to be charged at the federal level, it must affect some kind of national interest. Internet crimes like fraud and possession of child pornography are frequently prosecuted under federal law because they may impact interstate commerce or involve victims outside of Illinois. Here are some other reasons your charges may be treated as federal offenses:
What is Immigration Marriage Fraud?
In short, immigration marriage fraud is when a citizen and a non-citizen enter into a “sham marriage” strictly for the purpose of gaining some type of legal benefit relating to immigration status. Because this type of immigration fraud is common, marriages between a U.S. citizen and an immigrant who is facing challenges due to their legal status may fall under scrutiny. Immigration fraud is a serious crime and carries severe penalties for both parties - including deportation for the immigrant. If you are being investigated for immigration fraud related to your marriage, always contact a qualified attorney as soon as you can.
What is a Sham Marriage?
A sham marriage is one that was entered into for the sole purpose of allowing an immigrant to obtain lawful permanent residence in the U.S. It may be referred to as a “green-card marriage.” If the married couple actually intended to form a real marital relationship and build a life together, then it is not a sham marriage. Even if a couple was partially motivated by immigration benefits, the marriage can still be legitimate as long as immigration concerns were not the only reason the couple married. It can be very difficult for government officials to tell the difference between a legitimate marriage that was entered into in good faith and a sham marriage that was entered into for the purpose of committing immigration fraud.
What Are the Penalties for Federal Credit Card Fraud?
If you are convicted of or plead guilty to a federal charge of card fraud, the penalties can be quite severe. Sentencing for credit card fraud at the federal level can include prison time, fines, restitution orders, and forfeiture of assets. If you find yourself charged with federal credit card fraud, both your freedom and your financial future are at great risk. It is critical that you contact an experienced Credit Card Fraud Attorney as soon as possible to minimize your risks.
What Legal Penalties Could I Face for Federal Credit Card Fraud?
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Prison - Credit card fraud at the federal level is punishable by up to ten years in prison.
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Fines - You could be fined up to $10,000, not including the cost of restitution.
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Restitution - You can be ordered to reimburse the victim or victims for any financial harm that was done to them as a result of the fraud. This amount of restitution ordered is not limited to the amount of money a victim was defrauded out of. It can include a variety of other financial losses a victim suffered as a direct result of credit card fraud. For example, if the victim lost wages because he or she had to attend court, that amount can be included in a restitution order. As you can imagine, the amount of restitution ordered can easily exceed the dollar amount of the fine depending on the number of victims and the amount of money they lost. Failing to pay restitution, when it is ordered, can result in a litany of other legal consequences, such as being charged with a probation violation. The value of any forfeited assets does not count towards restitution. The court will not consider your ability to pay before it orders restitution.
Is it a Federal Crime to Open Someone Else’s Mail?
Is it a federal crime to open someone else’s mail? The short answer is “yes.” Opening or destroying mail that is addressed to someone else is a crime called “Obstruction of Correspondence.” It is a serious felony that could lead to prison time. It is remarkably easy to find yourself charged with this crime, even if you didn’t mean to do anything wrong. Maybe you got curious and opened a letter addressed to your roommate, or a letter meant for your neighbor landed in your mailbox and you ripped it open without looking. The good news is that an experienced federal crime attorney can help you, and depending on the circumstances, possibly even have your charges dismissed. If you find yourself charged with any federal mail crime, you should contact a lawyer as soon as possible.
What Is Aggravated Identity Theft?
A New York man was sentenced to 36 months in prison for computer fraud and aggravated identity theft. According to the Justice Department news release, he hacked into a college’s network, stole email account information, including passwords. He used that information to gain access to female students’ social media accounts, where he collected nude photos and videos. Then, he traded the private photos with others online.
In response, the college allocated money and resources to address the network breach and assess and repair the damage. Because of that, the court also ordered the man to pay more than $35,000 in restitution and fees to the college.
As far as internet and computer fraud goes, the incident sounds fairly basic, but it begs the question: what is aggravated identity theft?
Identity Theft
Identity theft is whenever you use someone else’s personal identifying information without their permission for fraudulent purposes. What qualifies as personal identifying information is fairly broad. It could be a person’s name, birthdate, address, credit card number, social security number, email, etc. If you are convicted of identity theft at the federal level, you could face up to 15 years in prison.
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