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Recent Blog Posts

Is Embezzlement a Federal Crime?

 Posted on October 15,2024 in Fraud

IL defense lawyerEmbezzlement is a serious crime that involves the misuse of assets. It usually occurs in corporations, nonprofit organizations, or governments and is often prosecuted at the state level. In some cases, however, embezzlement becomes a federal offense. Someone who faces such a charge can face heavy fines or go to prison for federal embezzlement.

This article will discuss what embezzlement is and when it becomes a federal crime. If you are facing federal embezzlement charges, protect your rights by contacting an Illinois criminal defense lawyer as soon as possible.

What Is Embezzlement?

Embezzlement is when a person has lawful access to assets and knowingly misuses those assets for fraudulent or personal use. A common example of this is when a corporate executive uses company funds to pay for lavish vacations or make private investments.

There are four elements to the crime of embezzlement:

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What Is Federal Wire Fraud?

 Posted on October 11,2024 in Fraud

IL defense lawyerWire fraud is a serious federal crime that carries hefty fines and prison time. It has become a much more common offense due to today’s widespread use of technology and the internet. Understanding wire fraud is essential if you are facing wire fraud charges.

In this article, we will discuss what wire fraud is, explore examples of the crime, and describe its penalties. If you are facing accusations of wire fraud, make sure to hire an Illinois federal wire fraud defense attorney who can protect your rights.

What Is Wire Fraud?

18 U.S.C. 1343 defines wire fraud as using electronic communications across state lines to intentionally deceive someone for financial gain. Since most communication today is electronic and uses the internet, many crimes can be prosecuted as wire fraud. Even if you were to send an email to someone else in Illinois in the process of the alleged crime, that email may be sent through servers outside the state. In that case, it could qualify as interstate electronic communication and thus constitute wire fraud.

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What Happens When Crimes Cross State Lines?

 Posted on October 07,2024 in Federal Crimes

IL defense lawyer

Originally published: June 23, 2023 -- Updated: October 7, 2024

Someone who commits a crime in Illinois may be charged under state law. However, if that same offense crosses into another state, it can be charged as a federal crime. When someone crosses state lines in the act of breaking the law, he or she can face heavier penalties and investigations by federal law enforcement like the FBI.

This article will discuss the most common crimes that cross state lines, what you need to know about federal crime, and how to contact an Illinois federal criminal defense attorney to protect your rights.

What Are Some Common Crimes That Cross State Lines?

Since the internet usually crosses state lines, it is more common than ever for crimes to fall under federal jurisdiction. Even if you remain in Illinois, communications you send may route through out-of-state servers. This is especially true if you use tools like VPNs.

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Is it a Federal Crime to Open Someone Else’s Mail? 

 Posted on September 29,2024 in Federal Crimes

Chicago, IL federal criminal defense attorney

Is it a federal crime to open someone else’s mail? The short answer is "yes." Opening or destroying mail that is addressed to someone else is a crime called "Obstruction of Correspondence." It is a serious felony that could lead to prison time. It is remarkably easy to find yourself charged with this crime, even if you didn’t mean to do anything wrong. Maybe you got curious and opened a letter addressed to your roommate, or a letter meant for your neighbor landed in your mailbox and you ripped it open without looking. The good news is that an experienced federal crime attorney can help you, and depending on the circumstances, possibly even have your charges dismissed. If you find yourself charged with any federal mail crime, you should contact a lawyer as soon as possible. 

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When Does Social Media Misuse Become a Federal Crime?

 Posted on September 20,2024 in Computer Crime

IL defense lawyerSocial media is a major part of life. It is where relationships are forged and broken, businesses grow or fail, and election campaigns are lost and won. It is one of the main methods of communication in our era. However, it is also a vehicle for misuse. Some of these misuses constitute federal internet crimes that carry serious penalties.

This article will explore different types of social media misuse that can lead to federal internet crime charges. If you or a loved one are being accused of an internet offense, consult an Illinois criminal defense lawyer to begin building a strong defense against the allegations.

Cyberstalking

One way social media misuse can be a federal crime is if a user engages in cyberstalking. Cyberstalking is when someone uses the internet to intentionally cause substantial emotional distress to someone else on at least two occasions. To be charged with cyberstalking, the offending user must have had the intent to:

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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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