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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.
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.
What Are Common White Collar Financial Crimes?
Federal prosecutors indicted a suburban Chicago man who owns a drug wholesale company for buying $57.2 million worth of unregulated prescription drugs and re-selling them to unsuspecting drug stores and distributors. According to court documents, the man allegedly bought diverted prescription drugs at a discounted rate from unlicensed suppliers, told his employees to clean up the materials so they looked regulated, and then told buyers he acquired them from a licensed supply chain.
Prosecutors argue that because the prescription drugs did not come through a legitimate supply chain, they are unregulated and pose a serious health risk to those who use them. Pharmaceuticals, like the drugs in question, are supposed to be regulated by the federal Food and Drug Administration (FDA), whose criminal investigative division investigated the case.
The man was charged with six counts of mail fraud, four counts of wire fraud, and three counts of money laundering. In other words, a fairly common stack of white-collar financial crimes.
What Is A Straw Purchase?
The term “straw purchase” is a type of gun crime often used in reference to buying a firearm illegally. More specifically, it is when you go into a gun store and buy a firearm for a person who is legally prohibited from buying or possessing one. The reason the prohibited person might do this is fairly straightforward. He or she would be unable to honestly complete the process.
When you buy a firearm, you have to fill out a form and answer questions showing that you are legally allowed to buy and possess a firearm. The gun dealer then submits the form for review by the FBI, specifically by the FBI’s National Instant Criminal Background Checks System, or NICS for short, to review your criminal record.
The term has been in the news recently because the U.S. Attorney’s Office in Chicago filed charges this week against an Indiana man for conspiring to straw purchase a handgun that was used in the shooting of two Chicago police officers, an incident that left one officer severely injured and the other dead.
Why Is the Punishment for Bank Fraud So Harsh?
The Justice Department recently indicted 10 men from the Chicago area on bank fraud charges. According to a press release issued by the department, the men allegedly deposited the counterfeit money orders, which were issued by the U.S. Postal Service, into bank accounts they had access to and then immediately withdrew the money. The indictments allege that the men committed fraud by altering the money orders, changing them from $10 to a higher sum, typically $800 or $1,000, and then depositing the fraudulent amounts. In all, the men allegedly defrauded more than $1 million from various banks.
For many, a couple of things might jump out in this case. First, the alleged crime was investigated by the U.S. Postal Inspection Service. Although you rarely hear about the Postal Inspectors, they are actually one of the oldest federal law enforcement agencies in the U.S. Like the FBI, they have the power to enforce a wide range of federal laws, but the crimes usually have to somehow involve the Postal Service.
What is Gun Trafficking?
In response to a sharp increase in gun deaths across the country, the Department of Justice this week launched a multi-jurisdiction strike force to target illegal gun traffickers. Officials hope cutting off the supply of illegal weapons will result in fewer gun deaths.
With 19,410 victims killed in 2020, last year saw about a 20 percent increase in gun-related murders, according to the Gun Violence Archives, an organization that tracks gun violence across the country. Almost seven months into the year, 2021 has already seen 11,635 people die from gun violence.
The Justice Department said the strike force is part of a larger comprehensive strategy introduced by the attorney general and president earlier this year. For the strike force, the feds will work with local and state officials, and while the entire country is fair game, they will primarily focus on regional areas like New York, Chicago, Los Angeles, the Bay area, and the District of Columbia.
How Severe Are the Consequences for Federal Child Pornography Charges?
The U.S. Attorney’s Office for the Northern District of Illinois indicted a Chicago man for allegedly producing child pornography earlier this month. According to the news release, the man allegedly persuaded several minors to engage in sexual activities and then secretly recorded it. When federal agents searched his home, they found a plethora of explicit material of a similar nature on hard drives, a cell phone, and a computer. Given the severity of the alleged child sex crimes, the man could face serious prison time.
Federal Child Pornography Laws
According to federal law, there are about half a dozen statutes covering child pornography, but they can be categorized into four groups: producing child pornography; buying and selling it; possessing, distributing, and receiving it; and producing sexually explicit depictions of a minor for importation into the U.S.
What Are The Penalties For Unlawful Ownership Of A Machine Gun?
Earlier this month, the U.S. Attorney’s Office filed charges against a Chicago man for trafficking cocaine and transferring a loaded submachine gun. While it is fairly common to hear about drug and gun charges being filed together, machine gun charges are actually kind of rare. In fact, only about 7 percent of the more than 65,000 federal gun charges filed between 2008 and 2017 involved a machine gun.
A History of U.S. Machine Gun Laws
One partial explanation for the small number of machine-gun charges is that the federal government started cracking down on machine gun ownership following the Prohibition Era. In 1934, Congress passed the National Firearms Act, which requires anyone who buys an automatic weapon, short-barreled rifle or shotgun, or silencer to register the item, pay a $200 tax, and complete a number of other bureaucratic steps.
A half-century later, after a number of high-profile assassinations, Congress passed the Gun Control Act of 1968, and then updated it in the 1980s amid an uptick in crime. The latter limited machine gun transfers by essentially prohibiting the production of machine guns after 1986.
Are Penalties Harsher for Stealing Guns From a Gun Store?
During the social unrest in the summer of 2020, gun stores were a popular target for burglars and looters. In most cases, thieves arrived in groups, gained entrance by smashing through the storefront, and proceeded to ransack the store. Using that method, they could often steal dozens of firearms in a short amount of time.
Most gun stores have alarm systems and surveillance cameras, and they are required by federal law to keep detailed records of their inventory. Before any of that, though, gun stores need a federal firearms license (FFL) in order to operate, which puts them in federal jurisdiction.
Gun thefts from a store with an FFL are primarily investigated by agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Suspects identified in such an investigation could face federal charges such as stealing firearms, possessing stolen guns, and even conspiracy.
What to Do If You Are Charged with a Federal Crime
A federal crime is any offense that violates United States federal laws. These crimes are prosecuted by government agencies and can come with harsher punishments than state crimes. If you were recently charged with a federal offense, the steps you take afterward can have a large impact on the outcome of your case, including your chances of avoiding conviction or reducing your sentence.
Steps to Take If You Are Facing a Federal Criminal Charge
Facing a federal criminal charge can definitely be a frightening ordeal. However, it is important to maintain your composure and take the necessary steps to protect your rights and build a strong defense.
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Understand whether you could face both federal and state charges. If you violated both federal and state laws, you may be up against both federal and state charges. This means that even if you get convicted or acquitted of a state crime, the government can still charge you with a federal crime. Knowing the stakes can help you choose the most appropriate response.