TELEPHONES ANSWERED 24 HOURS A DAY
FREE CONSULTATION
312-629-0669
Recent Blog Posts
What Is Antitrust Law?
Antitrust law is an umbrella term for a number of federal laws that are intended to keep businesses operating fairly and honestly. These laws regulate the way companies do business, leveling the playing field and ensuring no one business has too much power. Within antitrust law, a trust is considered a group of businesses that form together to create a monopoly or otherwise control the free market. Some of the most important pieces of legislation in the United State that outline antitrust laws are the Sherman Anti-Trust Act, the Interstate Commerce Act, the Interstate Commerce Act, the Federal Trade Commission Act, and the Clayton Act.
Antitrust Laws and Monopolies
It is true that antitrust laws prohibit companies from creating monopolies, which leave consumers without any choice and force them to purchase from one company or group of companies. However, these laws do not prevent companies from controlling a large share of the market, as long as they do so through honest and fair means. When determining whether or not a certain practice is unfair, the courts will use the rule of reason test. This test considers the effect of the business’ decisions on the market.
Animal Cruelty May Soon Be a Federal Offense
Federal lawmakers have been working on a proposal since the beginning of the year and in late October, that piece of legislation came much closer to becoming law. The new law, if passed, would make animal cruelty a federal crime. Currently, animal cruelty laws are largely left to the states to enact and enforce. The proposed bill is an attempt to expand on a law that was passed during the Obama administration. It has not passed yet but has so far received bipartisan support.
Animal Crush Video Prohibition Act of 2010
While Barack Obama was in the White House, he signed into law the Animal Crush Video Prohibition Act of 2010. This law was in response to a series of extremely disturbing videos depicting animal cruelty. The law got its name because the videos often showed animals being crushed, along with a number of other violent acts. This act made it illegal for people to videotape these acts of cruelty.
The Crime of Unlawful Mailing and Suspicious Packages
Anyone that has ever been to the post office to mail a package is familiar with the questions postal workers ask. One of those is whether or not the package contains anything that is flammable, toxic, or otherwise potentially dangerous. Most people immediately say the package does not contain any of those contents. Truthfully, most cannot even remember what the postal worker said. However, listening to this question and responding truthfully is important. If you do mail any of those prohibited items, even by mistake, you can be charged with a federal offense.
What Is Unlawful Mailing and Suspicious Packages?
The offense of unlawful mailing and suspicious packages is covered under 39 U.S.C. Section 3001. This lengthy statute outlines a laundry list of offenses pertaining to sending mail through the United States Postal Services (USPS).
When a person is suspected of committing one of the offenses stated in the statute, an investigation is conducted. This investigation typically includes the USPS and their branch of law enforcement, the United States Postal Inspection Service. In certain cases, the Department of Justice (DOJ) may also get involved.
The Different Types of Social Security Fraud
A wild story emerged recently about a man that lived as his dead relative for over a decade, at least when it came to the deceased’s Social Security benefits. The man tricked the government into thinking that the deceased man was still alive and living with the fraudster. Federal agents caught on eventually and, after questioning the man, charged him with deceased payee fraud.
The story sounds outrageous, but it happens more often than people think. In fact, in 2018 alone, the Social Security Administration (SSA) paid out over $40 million to 500 dead people in just three states. Those states were Texas, Maryland, and Michigan. This, however, is just one type of Social Security fraud and all of them are taken very seriously by the federal government. The most common types of this kind of fraud are below.
Making False Statements
When a person claims Social Security benefits, it is expected that they will be completely honest in their application. Sometimes people do not do this because they want to claim more benefits. So for example, they may state that they do not have any income when that is not true.
The Crime of Falsifying Records to Obstruct an Investigation
Recently, two men connected to a well-known attorney were charged with many offenses after it was found that they were trying to leave the country. One of these crimes was falsifying records to obstruct an investigation. This currently has people around the country wondering what the penalties are for this crime, and what exactly the offense entails.
What is Falsifying Records?
Under federal law, it is a crime to destroy, alter, or falsify records in connection with a federal investigation. It is also a crime to commit any of these acts with records during bankruptcy proceedings. Altering documents in regards to an audit is also an offense that could have someone facing federal prosecution. Taking public records and hiding them, or walking away with them, is also considered falsifying records. Before securing a conviction though, there are certain things the prosecution must prove. If they can, those charged face very harsh penalties.
Three Common Federal Firearm Laws
Federal firearm laws are complicated and carry harsh penalties. These laws are not only complex, but they also provide federal prosecutors with an immense arsenal of weapons when prosecuting those accused. This has resulted in a huge increase in prosecutions under the federal laws on firearms. Due to the fact that these prosecutions have become more prevalent, it is essential that everyone understands the law, so they do not find themselves under federal investigation. Below are three of the most common charges prosecutors pursue.
Selling Guns Illegally
There are multiple federal firearm laws pertaining to the sale of firearms, including licensing requirements and restrictions on transporting certain weapons across state lines. Under 18 U.S.C. Section 922(a), it is against the law to sell guns across state lines without a valid license. Selling firearms without any type of license carries a five-year sentence in federal prison for those convicted.
What Happens During Sentencing in Federal Court?
If you have been convicted of a federal crime such as embezzlement or a violation of The Controlled Substances Act, the next process you will face is sentencing. What happens during sentencing is incredibly important, as that is when the judge will tell you how much time you will serve in jail, or if you will serve any at all. There is a period of time between the conviction and when you receive your sentencing, and it is important to understand what will happen during that time. Below is an outline of the procedure that will take place before you appear for your sentencing hearing.
The Pre-Sentence Report
After your conviction, a probation officer will interview you. During this interview, they will ask about your family history, social history, education background, financial situation, and other various details about your life. They will then write a pre-sentence report.
Once the pre-sentence report is created, it is sent to the judge, the prosecutor, and your defense lawyer. After receiving it, you will have an opportunity to object to anything that is contained within the report. There are both big and small objections. A federal criminal defense attorney can advise on which objections are most important to make.
Options After a Federal Crime Conviction
Being convicted of a federal crime such as bankruptcy fraud or embezzlement is a scary thing. Upon hearing the conviction, accused individuals wonder what they are going to do, and what comes next. They may consider filing an appeal, but this is not the only recourse a person has. There are several options other than an appeal and, with the right federal criminal defense attorney, a conviction does not always mean the case is closed. Below are some of the common options sought by those that have been convicted.
Appeal
Often, an appeal is the first thing a person considers after a conviction. This can be done when a lower court made a mistake deciding, or interpreting, the legal statutes involved with a case. There are many common bases for appeals including:
- Fourth Amendment violations
- Incompetent legal representation
- Evidence was withheld that would have exonerated the defendant
- Sentencing was overly harsh
What Is the Federal Crime of Human Trafficking?
Recently, a Pensacola man was charged with human trafficking in three different states. The charges came after multiple federal search warrants turned up evidence of this offense and a number of others in several massage parlors across the country. While some have heard of human trafficking, whether through movies or news reports, few completely understand what this crime entails. Sometimes this includes those charged. It is important that anyone facing charges understands what possible penalties they face, and how a Chicago federal defense attorney can help.
Understanding the Crime of Human Trafficking
Human trafficking occurs when one person smuggles, conceals, or obtains people through the use of force or threat of force. Transporting a person under these means is also considered human trafficking. While most people are familiar with the term, ‘human trafficking,’ the legal statute refers to the offense as involuntary servitude, forced labor, and sex trafficking.
The statute on human trafficking also includes language further defining human trafficking as defrauding a person through an abuse of power when the above conditions are met. This also includes using a person to make a profit while exploiting them.
Penalties for Human Trafficking
Human trafficking is considered to be an extremely serious crime in the United States. As such, those convicted face up to 20 years in federal prison if they are convicted of the crime. If a person died as a result of human trafficking, those penalties are increased to life imprisonment.
Sex trafficking also carries harsher sentences than human trafficking that does not involve sex offenses. When children are involved in sex trafficking, or the victim was defrauded, forced, or coerced to perform sexual acts, the minimum sentence is ten years in federal prison. Convictions for these offenses can also result in a life imprisonment sentence.
In addition to the prison sentences and potential fines that are sentenced in human trafficking convictions, those accused may also have to appear on the sex offender registry. This can make it extremely difficult to find employment and housing in the future and will affect just about every aspect of the defendant’s life.
The penalties for human trafficking may also vary, depending on the person’s role in the offense. For example, if someone drove the vehicle that transported the victims of human trafficking, they may face up to seven years in federal prison, even if they did not actively participate in the trafficking.
Need Help with Federal Charges? Call Our Illinois Federal Defense Attorney
If you have been charged with human trafficking or any other federal crime, it is important you get the help of an experienced Chicago federal defense attorney. At the Law Offices of Hal M. Garfinkel, we know these cases are not as hopeless as they seem. We also know there are defenses available, and how to use them to build you the solid defense you need. Call us today at 312-629-0669 or fill out our online form for your free consultation. We are committed to helping those wrongly accused, and we want to help you, too.
Common Defenses to Identity Theft
A recent story involving a U.S. astronaut has made headlines around the country. The astronaut, who spent six months onboard the International Space Station, has returned home, but the headlines may not be what she expected. Instead of being touted for her work, she is instead under scrutiny for a possible identity theft crime. While on board the ISS, she used a computer to look into her ex-wife’s bank account. She claims she was only trying to ensure there was enough money to care for their son, but she could face charges of identity theft.
The astronaut in question is likely shocked to come home to this story, as most people are when they are accused of identity theft. However, there is hope. There are many common defenses federal criminal defense attorneys use in identity theft cases, and they are found below.
Authorized Use
When a person has given another person to use their identity, the person that uses it cannot be found guilty of identity theft. This is true even if the person stole money or something of value while assuming the identity. This sounds like an unreal situation, but it is more common than one would think.
For example, a mother gives her son her bank card to go buy some groceries. While at the store, he purchases items his mom did not give permission for. While he should not have bought those items, he cannot be charged with identity theft because he was given permission to use the bank card.
Lack of a Crime
Simply stealing another person’s identity is not necessarily a crime, although in certain circumstances, such as hacking, it could constitute one. However, in many cases simply obtaining someone’s personal information is not a crime if nothing is done with that information.
For example, if a credit card is mailed to the wrong house and a person at that address opens it, they have obtained a person’s credit card information. They can only be charged with a crime, though, if they use that credit card. If they cut it up and throw it out, or even keep it but never use it, they have not committed a crime.
Lack of Intent
Like so many crimes, identity theft cases often hinge on intent. Without intent, there is no crime. For example, two sales agents share the same first and last name. An administrative error allows one agent access to the other’s business account. Without realizing it, they use the funds in the account. They cannot be charged with an identity theft crime because they did not have the intent to take money from the account that was not rightfully theirs.
Need a Good Defense? Call Our Illinois Federal Criminal Defense Attorney
Facing charges of identity theft is always shocking, even when the alleged act was not performed in space. If you have been charged with a crime, you need the help of our experienced Chicago federal criminal defense attorney. At the Law Offices of Hal M. Garfinkel, we will work hard to prepare the defense you need and give you the best chance of a possible outcome in court. Call us today at 312-629-0669 for your free consultation to learn how we can help.
134 N LaSalle St, Suite 860,
Chicago, IL 60602
TELEPHONES ANSWERED
24 HOURS A DAY
312-629-0669
Chicago Criminal Defense Attorney134 N LaSalle St, Suite 860,
Chicago, IL 60602312-629-0669
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
