Posted on November 29, 2021 in Criminal Defense

“Asset forfeiture” allows the federal government to seize property linked to a crime. This can include both the tools used to commit a crime and the proceeds. Civil forfeiture and criminal forfeiture effectively accomplish the same goals, but criminal forfeiture is contingent on a conviction. As part of sentencing, the court may order the defendant to forfeit certain assets believed to be related to the crime. If you are facing federal charges, you are likely at risk of having your property seized. There are steps an attorney can take to help prevent this, so it is best to get in contact with one as soon as you learn you are being charged.

What Assets Can Be Seized in Criminal Forfeiture?

The goal behind criminal asset forfeiture is to disrupt criminal operations by confiscating the tools of the trade or by seizing their profits. The other purpose is to discourage crime - if you get caught, you lose your illicit earnings. If you are convicted of a federal crime, the government could take anything that it proves by a preponderance of the evidence represents the proceeds of a crime.

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 Posted on November 23, 2021 in Criminal Defense

Crime is increasingly committed over the internet. Especially during the pandemic, more and more white-collar criminals are turning to forms of fraud or theft that can be carried out online. One unfortunate side effect is that it is also increasingly easy to inadvertently stumble into illegal activity on the web, often out of naivete. The FBI has recently stepped up its enforcement of internet crimes, making internet-based prosecutions increasingly common. If you are facing federal prosecution for any internet-based crime, it is important that you take the charges very seriously and immediately get in contact with a criminal defense attorney.

What Federal Internet Crimes Are Most Common?

Crimes like theft, which used to require an in-person action, can now be done from the comfort of one’s own desk. This has moved the FBI’s battle against crime from the field to the internet. For an unlucky few, this can lead to unreasonable charges for an unintentional online misstep. Some common federal internet crimes are:

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 Posted on November 17, 2021 in Federal Crimes

Copyright violations are usually thought of as strictly a civil matter. Most people and businesses expect that if they use a copyrighted work without permission, they are likely to be sued and will probably have to pay the copyright owner civil damages. Copyright violations can be a federal crime, however. These intellectual property thefts are often a type of internet crime in modern times. Some people do not learn that copyright violations can be a criminal offense until they are being arrested for it. If this has happened to you, you will need an aggressive defense attorney to begin building your best defense as soon as possible.

When is a Copyright Violation a Federal Crime?

It is true that copyright violations are usually handled in civil court. Not every case of intellectual property theft attracts the attention of the government. However, these prosecutions can and do occur. Copyright violations are a type of intellectual property theft. Under federal law, using, copying, or distributing a copyrighted work without the owner’s permission is a crime if it is done on purpose and for financial gain.

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 Posted on November 10, 2021 in Fraud

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.

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 Posted on October 29, 2021 in Federal Crimes

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:

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 Posted on October 22, 2021 in Computer 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.

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 Posted on October 15, 2021 in White Collar Crime

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?

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 Posted on October 08, 2021 in Federal Crimes

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.”

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 Posted on September 29, 2021 in Federal Crimes

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:

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 Posted on September 22, 2021 in Federal Crimes

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.

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