Blog Feed: Federal Criminal Lawyer

An overview of federal laws against possession of child pornography

Published on 2012-02-13 11:49:08

Federal authorities are increasing their efforts to investigate and prosecute child pornography offenders. Agents are coordinating with state and local law enforcement to pursue individuals involved in the trafficking of child pornography, as well as those persons who only possess child pornography. This article is a brief summary of federal laws on possession of child [...] > read more

Summary of aggravated identity theft under federal law

Published on 2011-12-08 15:56:27

Federal law has two statutes that address the crime of identity theft. The first is 18 USC 1028. Congress passed this statute as part of the Identity Theft and Assumption Deterrent Act in 1998. This was the first federal statute concerning the crime of identity theft, which is a modern offense. The offense of identity [...] > read more

Overview of tax evasion and its elements

Published on 2011-09-29 15:41:22

In order to get a conviction on tax evasion, the United States Attorney must prove beyond a reasonable doubt each of the elements of tax evasion. The crime of tax evasion is found at Title 26, United States Code, Section 7201. The statute provides the elements of tax evasion are the following: A tax deficiency. [...] > read more

A summary of federal firearm laws

Published on 2011-09-26 15:32:23

A person who possesses a gun can be charged with a crime if he is disqualified from legally possessing the weapon. The charge can be based on state law where the gun is possessed within the boundaries of a state. Or the charge can be based on federal law whenever the gun travels interstate. Federal [...] > read more

Brief comparison of false statement and false claims statutes

Published on 2011-04-06 14:57:55

A prosecution for making a false statement to the federal government is usually based on Title 18, United States Code, Section 1001. This is the false statement statute that makes it a crime to knowingly make a false statement to the United States go > read more

Civil RICO actions: victims are compensated regardless of outcome of prosecution

Published on 2011-02-14 12:43:01

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a powerful weapon in the arsenal of federal prosecutors. The statute is often used to prosecute organized crime. Racketeering, basically, is engaging in criminal activity for the purpos > read more

A summary of federal wire fraud

Published on 2011-02-09 14:02:20

The federal statute on wire fraud is Title 18, United States Code, Section 1343. Congress passed the wire fraud statute in 1952 as part of the Communications Act Amendment. The law against mail fraud was already on the books at that point, but Congre > read more

Overview of the federal grand jury

Published on 2011-02-08 13:11:03

The purpose of the grand jury is to decide whether criminal charges should be filed against an individual. Grand jurors are selected for duty in much of the same way as jurors who sit on criminal trials. Each juror receives a summons to appear for ju > read more

An overview of federal money laundering statutes

Published on 2011-02-06 16:38:10

The United States government keeps close watch on financial activity both for tax collection purposes and also for law enforcement. Tracking the flow of cash through small businesses has proven to be a useful tool for federal agents investigating lar > read more

Failure to report $10,000 cash: felony under federal law

Published on 2011-01-16 12:38:13

A person who is self-employed would probably always prefer cash payment from customers over credit cards or personal checks. But the self-employed should be wary of federal laws concerning reporting cash payments. Intentional violation of cash report > read more

Federal law on obstructing justice: a summary

Published on 2011-01-12 08:14:31

Obstruction of justice is a felony under federal law. While obstruction of justice is often charged as a state law offense, the matter becomes a federal charge where it involves a federal court proceeding or the federal government. The federal statut > read more

Liability of corporate agents for crimes committed by the corporation

Published on 2011-01-07 11:55:19

Federal law punishes crimes committed by individuals as well as corporations. The fact that a federal offense was committed by a person acting in his capacity as a corporate agent does not generally protect that person from liability. An individual p > read more

A summary of securities fraud

Published on 2010-12-27 11:24:12

A federal case for securities fraud typically begins with an investigation by the Securities and Exchange Commission (SEC). The SEC is responsible for regulating financial markets through the enforcement of two federal acts: Securities Act of 1933. > read more

Federal law on possession of a controlled substance

Published on 2010-12-22 08:03:29

Possession of a controlled substance is a federal criminal offense under Title 21, United States Code, Section 844. Although most controlled substance offenses are prosecuted under state law, possession can become a federal charge in many circumstanc > read more

Truth and falsity in prosecutions for 18 USC 1001

Published on 2010-12-18 10:18:28

A prosecution for making a false statement to the federal government is based on Title 18, United States Code, Section 1001. Perhaps the most important question in false statement prosecutions is whether the United States Attorney can prove two issue > read more

False statement charges for denying involvement in a crime

Published on 2010-12-17 07:47:44

Making a false statement to the United States government is a criminal offense. Lying to a federal agent can be grounds for prosecution under Title 18, United States Code, Section 1001. It is a common mistake to deny involvement in a criminal offense > read more

Federal sentencing guidelines for possession of firearm with prior felony convictions

Published on 2010-12-16 07:13:24

In prosecutions for possession of a firearm by a convicted felon, the United States Attorney may seek a sentence based on the defendant’s Armed Career Criminal status. When this occurs, sentencing is severe. The offense of possession of a firea > read more

Federal offense of possession of a firearm by convicted felon

Published on 2010-12-15 15:09:41

A charge in federal court for possessing  a firearm as a convicted felon carries extremely severe penalties. It does not matter that the firearm was unloaded. Nor does it matter that the weapon was never discharged. In fact, the firearm itself may n > read more

Mail fraud charges under federal law

Published on 2010-12-11 14:07:35

Of all the federal charges filed by the United States Attorney, probably the most frequently used charge in white collar criminal cases would be mail fraud. The mail fraud statute is Title 18, United States Code, Section 1341. The reason for its prev > read more

Probation under the federal sentencing guidelines

Published on 2010-12-09 10:34:12

The federal sentencing guidelines require a prison sentence in many circumstances. However, on occasion, the guidelines direct the court to sentence the defendant to a term of probation. In cases where probation is available, it is usually because th > read more

Accountability for acts of another during conspiracy

Published on 2010-12-08 14:38:23

In a federal prosecution for conspiracy, the defendant is typically charged with two offenses. First, he is charged with conspiracy. Second, he is charged with the offense that he and his co-conspirators were conspiring to commit. This is known as th > read more

The statute of limitations defense for federal crimes

Published on 2010-12-05 14:01:06

A criminal charge is like a civil lawsuit in one respect, the time limit for filing against the defendant. The federal statute of limitations that applies to criminal charges says that once 5 years has passed from the commission of the offense, the f > read more