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Recent Blog Posts

How Do Federal Conspiracy Charges Work?

 Posted on August 06,2024 in Federal Crimes

IL defense lawyerA federal conspiracy charge can be an extremely intimidating accusation. Unlike other offenses, which require prosecutors to present proof that you committed a crime, a federal conspiracy charge does not require a crime to actually have been committed. Instead, it is seen as a way for the government to "widen the net" when pursuing a conviction.

Understanding federal conspiracy charges is the first step toward building a strong defense. The best way to learn how federal conspiracy charges work is to consult an Illinois federal conspiracy defense attorney. This article will discuss what a federal conspiracy charge is and some legal strategies to defend against it.

What Is a Federal Conspiracy Charge?

Under 18 U.S. Code § 371, it is a federal offense to conspire to commit a crime against the United States or to defraud the United States. This means that two people or more can be charged with federal conspiracy if they plan to commit a federal crime. The fact that the law uses the word "conspire" means that the offense does not have to be committed — it only needs to be planned.

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Can I Be Charged with Human Trafficking If There Is Consent? 

 Posted on July 29,2024 in Human Trafficking

Blog ImageHuman trafficking, sometimes referred to as trafficking in persons, is a federal crime in the United States and many countries around the world. It is usually understood to refer to coercing someone, through force or fraud, to do certain things they are unwilling to do. However, the laws on human trafficking are relatively complex. A person’s willingness to perform a task does not necessarily determine whether he or she is considered a human trafficking victim.

There are two main types of human trafficking:

  • Forced labor

  • Sex trafficking

This article will discuss both forms, as well as how consent factors into the crime. If you have been charged with human trafficking, reach out to an Illinois human trafficking defense attorney right away.

Forced Labor

Federal law defines forced labor as using fraud, coercion, or force to "exploit the labor or services" of someone else. Domestic servitude, for example, is a type of forced labor that involves a person performing work in a private residence, often in isolation. The person’s employer might use the threat of withholding housing or food to force the victim into working.

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Can AI-Generated Content Be Considered Child Porn?

 Posted on July 24,2024 in Child Pornography

Chicago, IL federal criminal defense attorneyArtificial intelligence (AI) is transforming not only the tech industry but the world as we know it. Its applications are nearly endless, with AI technology being used to generate news articles, films, academic papers, images, and more. It powers personal assistants, self-driving cars, and robots. It is used in the healthcare, agriculture, marketing, and manufacturing sectors.

However, as AI continues to become more pervasive, criminal defense law has evolved to adapt to its different uses. Child pornography, for example, can now be created by using AI to generate sexually explicit images of fictitious minors. AI can also be used to generate deepfakes where a real child’s face is superimposed on a sexually explicit image.

But can someone be prosecuted for having child pornography if it is a fake image produced by AI technology? This article will explore that question and discuss when AI-generated child pornography becomes a federal crime. If you or someone you know is facing child pornography charges, reach out to an Illinois criminal defense attorney right away.

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When Is Chargeback Fraud a Federal Crime?

 Posted on July 20,2024 in Fraud

Chicago, IL criminal defense attorneyThirty-three percent of Gen Zers either know someone who has committed chargeback fraud or admit to doing it themselves, according to recent data. Forty-two percent say they would be willing to commit chargeback fraud, and 22 percent of Millennials admit to doing so.

Chargeback fraud is when a customer buys a product and then calls the credit card company to dispute the charge even though it is a legitimate purchase. If the credit card company reverses the charge, it is referred to as a chargeback. In such a case, the customer gets to keep the product without paying for it. On the other hand, the merchant loses the merchandise as well as the money from the sale. The business is also fined by the credit card company for the chargeback.

Chargeback fraud is a form of first-party fraud, which is when an individual misrepresents his or her identity or gives false information to defraud a business or organization. First-party fraud can be treated as a state or federal crime, which this article will explore. To know more about your specific case, speak with an Illinois first-party fraud attorney.

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Can I Get Jail Time If I Download a Movie Illegally?

 Posted on July 10,2024 in Computer Crime

Chicago, IL federal internet crime defense lawyerIf you want to download a movie, song, software, or any work made by someone else, you need to do one of two things: You either need to pay for the work, or obtain permission from the owner first. Otherwise, it is a federal internet crime called copyright infringement.

As we will see, copyright infringement can be punished severely, even more than some violent crimes. If you have been accused of copyright infringement, contact an Illinois copyright infringement attorney to make sure your rights are protected.

Will I Get Jail Time If I Download a Movie Illegally?

Copyright infringement can either be classified as a civil offense or a criminal offense. If you download a movie at home and privately watch it for your own pleasure, it will likely be considered a civil offense. In that case, you are not likely to receive jail time, but the studio can sue you for damages.

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Federal Crimes Involving Damage to Religious Property

 Posted on June 25,2024 in Federal Crimes

Chicago federal hate crime lawyerBeing accused of a federal hate crime is a serious matter that requires immediate attention and expert legal guidance. If you find yourself in this situation, it is crucial to understand the charges, potential consequences, and steps you should take to protect your rights. An Illinois lawyer can help you potentially build a strong defense.

What to Know About Federal Hate Crime Charges

A federal hate crime involving damage to religious property is prosecuted under 18 U.S.C. § 247. This law prohibits intentionally damaging, defacing, or destroying religious real property or attempting to do so because of its religious character. The offense becomes more severe if it involves the use of fire, explosives, or other dangerous weapons. Key elements prosecutors must prove:

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What Happens If You Get Charged With Immigration Marriage Fraud?

 Posted on June 20,2024 in Federal Crimes

Chicago immigration fraud lawyerImmigration marriage fraud is a serious offense that can lead to severe consequences for both U.S. citizens and foreign nationals. Entering into a marriage solely to obtain immigration benefits can lead to criminal charges and severe penalties for the couple involved. An Illinois lawyer can help you determine what constitutes immigration marriage fraud, the legal consequences, and how to protect yourself if you are facing such charges.

What Constitutes Immigration Marriage Fraud?

Immigration marriage fraud is when a U.S. citizen or permanent resident marries a foreign national solely to help gain legal status in the United States. This type of marriage is not based on a genuine relationship but rather on deception and the desire to circumvent immigration laws. Examples of immigration marriage fraud include:

  • Entering into a marriage exclusively for the purpose of immigration advantages

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Defending Against Federal Identity Theft Accusations

 Posted on June 13,2024 in Identity Theft

Chicago criminal defense lawyerIf you face federal charges related to identity theft, the road ahead may seem like it is too much to bear. Identity theft is a serious crime that can carry potentially severe penalties under federal law. However, you do not have to face this difficult situation alone. An Illinois lawyer can provide the strong, strategic defense you need and protect your rights every step of the way.

What You Should First Know About Federal Identity Theft Charges

Identity theft happens when an individual uses someone else's personal information, like personal Security number or credit card details, without consent to engage in fraudulent activities or other criminal acts. While many identity theft cases are prosecuted at the state level, identity theft becomes a federal offense when it involves certain aggravating factors, such as:

  • Stealing the identity of a deceased person

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What is Considered Federal Credit Card Fraud?

 Posted on June 10,2024 in Federal Crimes

Chicago criminal defense lawyerCommitting credit card fraud is a significant crime that carries severe consequences. You could face hefty fines and extended imprisonment. An Illinois lawyer can help you understand what constitutes federal credit card fraud and the potential consequences for those convicted.

What Exactly is Federal Credit Card Fraud?

Federal credit card fraud occurs when an individual knowingly intending to defraud uses, attempts to use, or conspires to use a counterfeit, altered, forged, lost, stolen, or fraudulently obtained credit card. It also includes the unauthorized use of a credit card obtained through fraudulent means, such as identity theft. Credit card fraud is a federal charge when the fraudulent activity crosses state lines or international borders. For example, if you stole someone’s credit card in Illinois to make online purchases at a retailer in Florida, this turns into federal credit card fraud.

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What Is Federal Mortgage Fraud and What Are the Penalties?

 Posted on May 30,2024 in Mortgage fraud

IL defense lawyerThere are several types of fraud that are considered white-collar crimes. What they share in common is the fact that the person committing them misrepresents the truth, leaves out some important facts, or engages in otherwise fraudulent behavior. One specific type that we will examine today is mortgage fraud. When someone acts fraudulently during a mortgage transaction that affects financial institutions that are federally insured, mortgage fraud becomes a federal crime. The severe implications of a mortgage fraud conviction include heavy fines and long prison sentences. If you are facing federal mortgage fraud charges, speak with a qualified Chicago, IL mortgage fraud defense attorney who can protect your rights, explain your options, and build a strong defense.

When Is Mortgage Fraud a Federal Crime?

When the alleged behavior affects the government, it becomes a federal offense. That means the fraud could involve FHA-insured loans, VA loans, or other federally insured financial arrangements. Depending on the specifics of the case, federal mortgage fraud might also involve bank, mail, wire, or securities fraud.

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