Posted on June 18, 2020 in Federal Crimes

Federal offenses are often misunderstood, mainly because people are more familiar with state crimes that are prosecuted at the state level. Federal crimes are those that violate federal law and, although state law often mirrors this law, there are times when the crime has certain elements that make it a federal offense. A drug crime, for example, violates state law but if the crime involves a border crossing, it becomes a federal crime. Drug offenses are one of the most common federal crimes, as are weapons crimes and white-collar crimes.

Drug Crimes

Any offense that violates the federal Controlled Substances Act is considered a federal crime. Drug crimes are some of the most common offenses at the state level too, but there are some significant differences between the two. For example, while many states have legalized marijuana use, even in these states it is illegal to consume the drug on federal property. If someone was found consuming marijuana on federal property, they could face federal charges, although it would be unlikely.

Continue Reading ››

 Posted on June 11, 2020 in Fraud

When most people think of tax fraud, they typically think of a person that tries to avoid paying the proper taxes they owe and then get charged with tax evasion. While that is certainly one type of criminal offense involving taxes, there are others as well. These offenses fall under the umbrella term of tax fraud and many people can be charged with these crimes, including accountants, without even realizing that they engaged in criminal activity.

What Is Tax Fraud?

Tax fraud, in its simplest terms, occurs when a person makes intentional misrepresentations, or false statements, on a tax return, or a person falsifies tax documents. Tax evasion, on the other hand, refers to using illegal means to avoid paying taxes. Tax fraud is governed under 26 U.S.C. 7206 (1) and under this statute, a person may face charges of tax fraud if they:

• Created and submitted a return, statement, or other legal documents which contains false statements about an important matter,

Continue Reading ››

 Posted on June 04, 2020 in Federal Crimes

In its most basic form, perjury is defined as lying under oath and it is a federal offense. There are two federal statutes that define perjury. The first outlines general perjury, while the other defines making false declarations before a court or grand jury. Although these statutes differ slightly, with one requiring a federal court proceeding, the definition of the act of perjury largely remains the same. That definition may seem simple, but there are five elements that must be met in order for the prosecution to secure a conviction.

Perjury Must Happen Under Oath

A person can make false statements when they are not under oath and it is not considered perjury. For an offense to have been committed, a witness must have promised to provide honest statements to a person that has the authority to administer the oath, such as a court official. The proceeding in which someone takes an oath must also be considered “competent,” or comply with the law.

Continue Reading ››

 Posted on May 28, 2020 in Fraud

It was in late March that a major credit card fraud ring was shut down, an effort that was coordinated between Russia’s Federal Security Service (FSB) and United States law enforcement. One man is believed to be the mastermind behind over 40 websites on the dark web that were used to collect and sell stolen credit cards. The man and his associates used cryptocurrency to move hundreds of millions of dollars gained from the credit card theft, and it was this gain that the American authorities seized.

Although stealing credit cards is one type of credit card fraud, there are others that happen very frequently, as well. Three of the most common types of fraud that are considered federal offenses are below.

Phishing Scams

Phishing scams have become very commonplace today. These scams involve emails that look as though they have come from banks and other financial institutions, and credit card issuers. Typically the email will state that there is a problem with the credit card account and will ask the cardholder to click on a link within the email and enter their login information, specifically their password. The websites that the email link directs them to look the same as the official ones, but they are illegitimate. They simply allow someone else to access the information so the offender can wrack up fraudulent credit card fraud charges.

Continue Reading ››

 Posted on May 21, 2020 in Plea Agreement

In many scenarios when someone has been charged with a crime, they have the hope of a plea bargain, particularly if the prosecution has built a strong case against them. Many people understand the concept of plea bargains, largely due to the fact that television shows and movies often include them within the plot of the story. When faced with a criminal trial, though, people are prone to wonder if the prosecution will offer a plea bargain and, if so, whether or not they should accept one.

Although plea bargains are quite common in state courts, they are typically rarely offered in federal court, for many reasons. If offered one, it is in the accused’s best interests to work with a federal criminal defense lawyer that can determine if the plea bargain is in their best interests.

Advantages of Plea Bargains

Plea bargains are an agreement between the prosecution and the individual accused of a crime. Plea bargains involve the defendant pleading guilty to a lesser crime in exchange for a lighter sentence. It is easy to assume that plea bargains only hold advantages for the defendant because their sentence is not as harsh. However, they also hold benefits for the court. By offering a plea bargain, the court will not have to hold a trial, which takes time and uses the court’s valuable resources. When a plea bargain deal is accepted, the accused does not have to stand trial.

Continue Reading ››

 Posted on May 14, 2020 in Federal Crimes

First, there was the term 'photobombing,’ and now there is a new phrase floating around called ‘Zoom bombing,’ While hackers, like those that intrude into photos when they are not welcome, may think that these hijinks are funny, they are actually a crime. And because it involves computer technology, it is considered a federal offense. These crimes come with serious penalties and could have lifelong impacts on those convicted.

What Is Zoom?

Zoom is a cloud-based video service that allows you to meet virtually with other people. Like Skype and FaceTime, it allows people to talk to each other while also being able to see them. When using Zoom, a person can make conference calls in which several people can be included in the conversation and see each other all at once. Many people that work at home use Zoom, as it does not require physically being in the same location. In 2019, however, over 50 percent of Fortune 500 companies reportedly used the platform.

Continue Reading ››

 Posted on May 07, 2020 in Federal Crimes

Many people have heard the term contempt of court, whether on a television show, movie, or perhaps even in real life. While this term is often used in state court, many people also do not understand that this offense can be considered a federal crime. In fact, the federal statutes have many pieces of law pertaining to contempt of court, and they can all become complex. It is for this reason that, if you are facing contempt of court charges, you must work with a criminal defense attorney that is familiar with federal offenses, and knows how to defend against them.

18 U.S. Code, Chapter 21

All of the United States’ statutes dealing with contempt of court are found in 18 U.S. Code, Chapter 21. This chapter is broken down into several sections regarding different aspects of contempt of court. Section 401 within this chapter deals with the power of the court, while Section 402 outlines when contempt constitutes a criminal offense. Lastly, Section 403 of 18 U.S. Code, Chapter 21 specifically deals with protecting the privacy of child victims and witnesses to a crime that are children.

Continue Reading ››

 Posted on April 30, 2020 in Federal Crimes

Facing federal charges is a very upsetting and confusing thing. You may not know why you are being accused of the offense, and you are likely very stressed out about your future. All of these are very natural reactions, but they can lead people to take the wrong types of action. These actions can be very detrimental to a case, and even cost a person their future. If you have been charged with a federal crime, it is important to know what the most common mistakes made are, so you can avoid making them yourself.

Taking Your Case to Social Media

When people are arrested for a federal crime,  they are read the Miranda warning, which tells them that anything they say, “can and will be used against them in a court of law.” Many people think this only applies to speaking to the police, but it does not. Anything you say regarding the case can be used against you, even when it is said on Facebook, Twitter, or other social media platforms. As such, you should stay off social media completely or, at the very least, refrain from posting to it.

Continue Reading ››

 Posted on April 23, 2020 in Fraud

ATM fraud is sometimes considered a state crime, but it is often charged on the federal level because banks are federally regulated and typically suffer harm as a result of the fraud. Other charges also often accompany charges of ATM fraud, including wire fraud, identity theft, larceny, bank fraud, and credit card fraud. To avoid a conviction for any of these charges, and for ATM fraud, it is always important to speak to a federal criminal defense lawyer that can help.

Types of ATM Fraud

There are many different ways to commit ATM fraud. The most common types of ATM fraud include:

• Stealing from an ATM machine: This crime involves actually breaking into an ATM machine and stealing the money inside.
• Stealing an ATM machine: Due to the fact that there are often many cameras in the area of ATM machines, some people remove them completely to break into them in another location.

Continue Reading ››

 Posted on April 16, 2020 in Federal Crimes

The coronavirus has touched everyone in the country in some way, even those that have never tested positive or become exposed to the virus. Now, President Trump has signed an executive order making price gouging illegal. Under the Defense Production Act, which was enacted in 1950 and invoked by Trump recently to force manufacturers such as GM to create personal protective equipment, the President has also made it illegal to hoard that same equipment.

Hoarding and Price Gouging

Hoarding is a federal crime and by invoking the Defense Production Act, federal agents now have the ability to find those that are hoarding certain materials and prosecute them for doing so. Hoarding itself is defined as accumulating scarce materials beyond what is considered reasonable for business, personal, or home consumption. Like any other section of code that defines something as ‘reasonable,’ what is and is not reasonable is likely to be determined on a case by case basis.

Continue Reading ››