Originally Published: November 17,2020 ------ Updated: September 13, 2022

Defendant Pleads Guilty to Two Federal Crimes

In November 2020, we told you about a Chicago-area businessman who was facing federal charges of wire fraud and money laundering in connection with an alleged scam. According to federal prosecutors, the man’s scheme involved offering personal protective equipment (PPE) for sale to hospitals and medical facilities. The offer coincided with the height of the COVID-19 pandemic, and prosecutors believed that the man was trying to take advantage of the international crisis.

We have all seen movies that show the lead characters from different parts of the world falling in love with one another and finding their proverbial “happily ever after.” Even in real life, there is often something very appealing about a foreign accent and the customs of another country. While we cannot control who we fall for, there are some things you should know about marrying a foreign national who is not a lawful permanent resident of the United States so that you can avoid the possibility of federal immigration fraud charges.

Non-Immigrant Visas

Each year, thousands of foreign nationals come to the United States on temporary, non-immigrant visas for a variety of reasons. Some are students in international study programs, and others come for work-related or business purposes. There are specific visas available for each of these situations. For those who simply wish to visit the United States, there are tourist visas available as well.

These visas are categorized as “non-immigrant” visas because they are intended to be used for a short time. They are not meant as a pathway for visitors to obtain lawful permanent resident status—commonly referred to as a “Green Card”—or eventual citizenship. A non-immigrant visa has a set date on which it will expire, after which it cannot be used to enter or remain in the United States legally.

New multi-level marketing (MLM) companies pop up all the time. Nearly everyone has a friend who is always trying to get them involved in the latest supplement, candle, or makeup line, with promises that if your interest goes beyond merely purchasing and you begin distributing, too, potential riches await. Cars, bonuses, and free products are just a few common rewards the MLM companies promise to their expanding network of employees. 

Those who invest their time and money in MLM companies often feel as though they got swindled or duped. Perhaps the product is not as good as they had hoped, or it is much harder to get friends and family interested in another miracle protein shake. Yet, unlike pyramid schemes, which bear many similarities to MLM schemes, MLM is legal. Why? And, if you are being charged with federal financial fraud for being involved in a pyramid scheme, is believing it to be an MLM campaign a defense? 

What is a Pyramid Scheme? 

A pyramid scheme begins when one person or a group of people begins to recruit others into an exclusive business, which the new members join by paying a fee. The new recruits continue inviting other people, and as they do so, they receive a portion of their recruits’ fee. The new recruits go on to recruit others, and so on and so forth. Pyramid schemes may have real products or a true business at their base; however, if most of the people involved in the scheme make money by recruiting new people rather than by selling products or services, the “business” is a pyramid scheme. 

After the horrific events of September 11, 2001, U.S. Congress enacted the USA PATRIOT Act. Meant to deter and punish terrorists, the PATRIOT Act significantly broadened measures to catch terrorists, including domestic terrorists, and keep Americans safe. 

While the PATRIOT Act was undoubtedly enacted with lofty goals in mind, critics immediately voiced concerns that continue to this day. Activist campaigns and organizations frequently engage in activities that could technically be considered domestic terrorism, and indeed, people are sometimes prosecuted for acts of conscience. Certain sections of the Act, including those on civil forfeiture, broadened government powers in ways that critics claim are easily abused. If you are facing charges of domestic terrorism, know that you do not have to face them alone. You can get help from a criminal defense attorney and fight the charges against you. 

Claims of Domestic Terrorism Increasing

The United States Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) have made big claims in recent years about the extent to which domestic terrorism has spread throughout the country. While some people firmly believe the broadened scope of what is considered domestic terrorism is politically motivated, if you are hit with domestic terrorism charges, it does not matter what political party you are - you will be prosecuted to the fullest extent of the law. 

The state of Utah was shocked last month when a reality TV star on Real Housewives of Salt Lake City pleaded guilty to federal criminal charges of committing federal wire fraud in a telemarketing scheme. While the reality TV storyline may prove irresistible to viewers, charges of federal telemarketing fraud carry serious consequences including extended time in federal prison. Under the terms of this reality TV star’s plea deal, she could spend up to 14 years in prison. If you or someone you love has been arrested for telemarketing fraud, it is important to understand this crime and the potential consequences you may face. 

Federal Mail and Wire Fraud Crimes

For most of us, scams are an obnoxious part of life. While many of these scams use either obvious or well-known tactics, others are quite sophisticated and more difficult to see through. No matter their level of sophistication, however, they are all illegal - whether they occur over the phone, through email, over text message, or by snail mail. 

Telemarketing fraud can be a plan, program, or campaign which is meant to induce the victim to buy something, participate in a contest or business opportunity, invest, or donate to a fraudulent charity. Telemarketers may also pose as a family member of a victim, pretending to be in urgent need of help.