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Recent Blog Posts
What Are Some of the Most Common Federal Firearms Offenses?
The laws that govern firearms on a federal level can be very complex, and a conviction on federal firearms charges can lead to serious criminal penalties. In addition, these laws also give prosecutors a variety of ways to prosecute those suspected of such offenses. As a result, federal prosecution of gun-related crimes has increased in recent decades. With this in mind, it is important to understand the law and how it might apply if you are ever facing federal weapons charges.
Illegal Selling of Firearms
There are a number of federal statutes that pertain to selling firearms, including requirements for licensing and the restriction of moving certain types of firearms from one state to another. Under Title 18, Section 922 (a) of the United States Code, it is illegal to sell firearms across state lines unless the seller has a license to do so. If you are convicted of interstate selling of firearms without a license, you could face five years in federal prison.
What You Should Know About the Federal Crime of Money Laundering
If you have ever watched crime shows on television, you are probably familiar with the term “money laundering.” While most people know that money laundering is illegal, many are not sure about what it actually means. Money laundering is a very serious offense that is prosecutable at both the state and federal level, and as a federal offense, it carries the possibility of severe criminal penalties.
Understanding Money Laundering
Money laundering, in general, refers to a process through which a person or group of people attempts to conceal the sources, control, or ownership of money that was generated from certain crimes. It is common for money to be “laundered” by moving it to and from separate accounts, including foreign accounts, or by concealing funds amidst the revenue of seemingly legitimate businesses.
Many different types of crimes could generate funds that a person or criminal enterprise would wish to launder, including but not limited to:
Federal Investigations: When Is It Time to Call an Attorney?
Criminal offenses can be prosecuted at either the state or federal level depending on a number of factors, including the nature of the alleged crime, where the offense allegedly took place, and how the alleged crime was supposedly committed. Most crimes are handled by local police departments and county prosecutors, and the charges for such offenses are filed in the circuit court of the county in which they occurred. Circuit courts are part of the state court system.
Sometimes, however, an offense is charged as a federal crime. In such a case, the investigation is usually supervised by one or more federal agencies, and a United States Attorney files the charge in United States District Court. A federal offense is an extremely serious matter, and it is important to contact a qualified federal crimes defense attorney as soon you realize that federal charges are even remotely possible. The question, of course, is: How do you know when charges are becoming possible?
What Are the Defenses to White Collar Crimes?
White collar crimes are non-violent offenses that are typically committed for financial gain. Embezzlement, securities fraud, money laundering, and insider trading are all common examples of white-collar crimes. The FBI aggressively investigates these crimes and federal prosecutors are always very eager to secure a conviction in these cases. Although white collar crimes do not involve violence, convictions still carry high fines and lengthy terms in federal prison.
Anyone charged with a white collar crime must work with a federal criminal defense attorney that understands the defenses for these crimes and how to use them effectively. If you are facing charges, below are the most common defenses used in these cases.
Finding Weaknesses in the Prosecution’s Case
Federal prosecutors typically do not take cases to trial unless they have a fair amount of evidence and have built a strong case against the defendant. Still, this does not mean that every case a prosecutor takes is ironclad. A defense attorney will find holes or errors in a prosecutor’s case, and disprove key points in their argument to have the case dismissed.
Defending Against Federal Charges for Carjacking
Different states have varying laws on carjacking. Many people do not understand, however, that this offense can also be charged as a federal crime. When carjacking is prosecuted at the federal level, the prison sentences for those convicted are typically much longer, and the fines are also much higher as compared to those for a conviction at the state level. Fortunately, there are possible defenses to such charges. To understand what they are, you first must understand when carjacking becomes a federal crime and what the prosecution must prove to secure a conviction.
When Is Carjacking Considered a Federal Crime?
Under 18 USC 2119, carjacking is a federal crime when a person takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce. Essentially, the vehicle must cross state or country lines for the crime to be considered a federal offense.
The law states that for federal carjacking to have occurred, a vehicle must be taken from someone else by use of force, violence, or intimidation. The statute also includes attempting to use force or intimidation, even if these attempts are unsuccessful. Additionally, under the federal statute, that force or intimidation must be done with the intention of causing death or serious bodily harm.
New Measure to Make Voting System Hacking a Federal Offense
In most cases, a computer-related crime that is committed anywhere in the U.S. can usually be prosecuted as a federal offense. Of course, each state maintains its own laws regarding computer-based offenses, but such crimes typically involve the internet, which places them under the jurisdiction of federal authorities and the United States federal justice system. For example, those accused of using computers to facilitate drug or weapons trafficking or the exchange of child pornography will usually find themselves facing charges in federal court. The same is true for “hackers” who gain unauthorized access to computer networks or systems via the internet. But what about voting system hacking?
This knowledge—combined with the rampant allegations and rumors of voting-related fraud during the current election campaign—you may be surprised to discover that federal authorities do not currently have a concise process available to prosecute any suspect who is alleged to have hacked a voting system. Late last month, the U.S. House of Representatives took a clear step forward in addressing this problem by unanimously passing a measure that will give the U.S. Justice Department a statutory basis from which to prosecute voter system hacking in federal court.
What You Need to Know About the Crime of Mail Fraud
The crime of mail fraud was first addressed by the federal government in the mid-1800s after evidence surfaced that people were using the U.S. mail system to conduct various scams. The interstate nature of the mail (and eventually wire service) effectively required the matter to be one of federal interest. As a result, in 1872, it became a federal crime for a person to use mail services—and now the internet—to willingly and knowingly deprive another person of their money, property, and/or services.
It is important to keep in mind that in order for an act or scheme to constitute mail or wire fraud, it must intend to defraud another party by means of wire communication or the mail. This means that an advertisement for a legitimate product or service—even one that is deceptive or misleading—is not generally considered fraudulent. The intent of the accused is the key to the case. The suspect must have intended to obtain something for nothing in order for the act to constitute fraud.
What Are My Rights as a Criminal Defendant?
Being accused of any type of crime can be completely overwhelming and confusing, whether it is a federal drug crime or an allegation related to child pornography. A criminal defendant may not know that he or she still has certain rights after being arrested and charged with a crime. These rights are protected by the United States Constitution and other state and federal laws. If you are facing criminal charges, it is important to remember that you are innocent until proven guilty, and you deserve to be treated with dignity and respect. It is important to know about the rights every criminal defendant has and what to do if your rights have been violated.
The Right to Remain Silent
Even if you have never before been arrested, you are probably familiar with the “right to remain silent.” This right is listed along with many others during the Miranda Warning—which should have been read to you during or after your arrest. You have a right to stay silent when questioned by police so that you can avoid incriminating yourself. Many criminal defendants inadvertently give police and prosecutors evidence which is later used against them by talking too much in the moments after the arrest, so it is critical that you do not consent to police questioning until you have an attorney present. An experienced criminal defense attorney will help you avoid the tactics that police often use in an attempt to get you to admit to a crime.
What You Need to Know About Federal Conspiracy Charges
Did you know that you could be charged with a federal crime even if authorities are aware that you did not actually commit what most people would consider an illegal act? At some point or another, most of us have talked or joked about the idea of committing some type of crime—such as robbing a bank when family finances get tight. Doing so may seem harmless, especially when such conversations are light-hearted, but in reality, having serious discussions or making plans related to the commission of a crime could lead to the filing of federal conspiracy charges. It is possible to be charged with conspiracy even if the discussed act or acts were never actually carried out.
Understanding Federal Conspiracy Charges
Criminal conspiracy is one of the most common charges filed at the federal level. In general, prosecutors are often likely to file this because it allows for a broad set of evidence to be presented. Federal conspiracy charges are also commonly used as leverage by federal prosecutors and law enforcement agencies as they investigate larger-scale criminal operations. For example, a federal agent could threaten to charge a person with criminal conspiracy unless the person is willing to cooperate and share additional details about other individuals who may have carried out the primary offense in question.
More Than 60 in Chicago Charged with Federal Crimes Under Operation Legend
Over the last few weeks, more than 1,000 arrests have been made in major cities around the country, and over 215 individuals have been charged with at least one federal crime. These numbers come from an announcement made by U.S. Attorney General William Barr last week. The arrests were made as part of “Operation Legend,” a focused, nationwide effort to combat violent crime in America’s large cities.
In Chicago alone, more than 60 people have been charged with federal crimes since the initiative began in the city on July 22. Attorney Barr said the charges are related to bank fraud, narcotics, and weapons violations.
Operation Legend Honors Young Victim
According to the Justice Department, Operation Legend was started as a “sustained, systemic, and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.” The name of the operation was selected to honor LeGend Taliferro, a 4-year-old boy who was shot to death as slept in the early hours of June 29 in Kansas City, Missouri. (Second-degree murder charges were filed against the boy’s alleged killer two weeks ago.)
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