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Recent Blog Posts

What Is Structuring and What Are Its Penalties?

 Posted on September 11, 2024 in Money Laundering

IL defense lawyerBy federal law, banks are required to report any transactions that are suspected of money laundering or other criminal activity. These include transactions of $10,000 or more. Under the Patriot Act and Bank Secrecy Act (BSA), banks must fill out a cash transaction report (CTR) any time a customer moves that amount of cash in a single day.

To avoid being reported, some customers try breaking up large transactions into smaller ones of less than $10,000 each. This is referred to as "structuring" and is a serious federal crime. In this article, we will explore how structuring works, the penalties for structuring, and how to contact an experienced Illinois money laundering defense attorney.

How Does Structuring Work?

Structuring is when a person tries to avoid anti-money laundering reporting requirements by splitting a transaction into smaller amounts under $10,000. For example: 

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Is Sextortion a Federal Crime?

 Posted on September 05, 2024 in Computer Crime

IL defense lawyerSextortion is a serious crime where someone threatens to expose sexual information about another person unless their demands are met. These demands can include anything from money to sexual favors, but the nature of the demand is largely irrelevant. It is the threat that makes sextortion a crime.

To understand the legal implications of sextortion, it is first important to determine whether it is a federal offense. This is especially true today when technology has not only made sextortion more common but can also determine the jurisdiction of the crime. This article will explore what makes sextortion a federal crime, as well as how to contact an Illinois sextortion defense attorney to review your case.

What Makes Sextortion a Federal Crime?

Sextortion is not mentioned in federal law by name, but it is usually charged under cyberstalking statutes. Cyberstalking is when someone uses electronic communications to intentionally cause someone emotional distress or to place someone in fear of serious bodily harm or death.

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Are There Any Defenses for Federal Looting Charges?

 Posted on August 26, 2024 in Federal Crimes

IL defense lawyerLooting during times of civil unrest or natural disasters can lead to serious federal charges. If you face looting charges, you might wonder what legal defenses are available. An Illinois lawyer can help you explore potential defenses.

What Is Federal Looting?

While there is not a specific federal "looting" statute, federal prosecutors often charge looting-related crimes under various laws, including:

  • The Civil Unrest statute (18 U.S.C. § 231)
  • The Federal Anti-Riot Act (18 U.S.C. § 2101)
  • Interstate transportation of stolen property (18 U.S.C. § 2314)

These laws cover activities such as interfering with law enforcement during civil disorders, inciting riots across state lines, or transporting stolen goods across state boundaries.

To secure a conviction, federal prosecutors must prove several elements beyond a reasonable doubt, depending on the specific charge. This may include proving that you crossed state lines, participated in or incited a riot, or knowingly transported stolen property.

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What Are Some Legal Defenses Against Marriage Fraud Charges?

 Posted on August 21, 2024 in Fraud

IL defense lawyerThe United States Citizenship and Immigration Services (USCIS) offers green cards to immigrants who are married to U.S. citizens. A green card allows someone who is not a citizen to live and work permanently in the United States. Some people have abused this rule by creating a black market in which U.S. citizens are paid to marry non-citizens solely for the purpose of obtaining a green card. This is called marriage fraud or false marriage, and it is a form of immigration fraud.

Immigration fraud is a federal crime that carries severe penalties. If you are being accused of false marriage, hire an Illinois immigration fraud defense attorney who will aggressively protect your rights.

What Is Marriage Fraud?

According to the Immigration Marriage Fraud Amendments Act of 1986, marriage fraud is when someone knowingly enters into a marriage for the purpose of evading immigration laws. The most common form of this is a U.S. citizen and an alien marrying so the alien can obtain a green card.

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Can I Use Entrapment as a Defense Against Federal Charges?

 Posted on August 13, 2024 in Criminal Defense

IL defense lawyerFederal law enforcement agencies spend significant amounts of time and resources on investigations. The Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Agency (DEA) are known to sometimes conduct their investigations using undercover agents. The FBI, for example, is known for employing agents who pretend to be minors and arresting people who proposition them for sexual activity.

Such methods have sparked legal challenges, with some claiming they constitute entrapment by unfairly drawing innocent people into committing federal crimes. This article will discuss what entrapment is, when it can be used as a defense against federal criminal charges, and how to contact an Illinois criminal defense attorney who will protect your rights.

What Is Entrapment?

Entrapment is when a government agent induces an innocent person to commit a crime they would not otherwise have committed. This is more than just creating the temptation for the person to commit the offense; it involves pushing or encouraging him or her to carry out the crime. If a defendant can prove he or she was entrapped, it is a complete defense to criminal charges.

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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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