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Substantial Assistance and Rule 35 Sentence Reductions
When someone faces federal sentencing, their cooperation with the government may lead to a reduced sentence under Rule 35 of the Federal Rules of Criminal Procedure. This process, known as providing "substantial assistance," is a critical tool for both the government and defendants. Understanding how substantial assistance works and what qualifies could be the difference between a reduced sentence and a missed opportunity.
An experienced Illinois federal sentencing attorney is essential to ensure that your cooperation is meaningful and that your rights are protected throughout the process. Giving away information without discussing your options with an attorney could not only lead to no benefit for yourself, but could implicate you in additional crimes. Play it smart and work with an aggressive attorney right from the start.
Could I Face Federal Charges for Using Someone Else’s Credit Card?
In today’s digitally connected world, we tend to use credit and debit cards to pay for just about everything. Most of us do not think twice before pulling out a card to pay for nearly any size purchase or typing in our card info to buy something online.
But what could happen if you use someone else’s card to make a purchase or pay a bill – especially if you knowingly do it without that person’s permission? The answer depends on many different variables, but you could potentially face federal charges for credit card fraud. Contact our Illinois federal criminal defense attorney if you are facing this serious charge.
Credit Card Verification Procedures Are Dated, Making Fraud Easier
When customer-facing credit card processing pads were first installed at retail establishments, cashiers were generally trained to verify that the person swiping the card was, in fact, authorized to do so. In practice, this process was little more than a cursory glance to compare the customer’s signature to the signature on the back of the card, but some cashiers would ask for identification from the customer. Some customers might not have been thrilled with the minor delay, but the purpose of the verification was to prevent fraud.
Can I Get My Federal Sentence Reduced Under Rule 35?
Those convicted of a federal crime will be sentenced under the United States Sentencing Guidelines. Sentencing for federal crimes is notoriously harsh – usually more so than state penalties for similar criminal offenses. However, there are certain situations in which a federal judge can reduce or adjust your sentence. This is true even a year or more after the sentence starts. A federal prosecutor may also file a Rule 35 Motion to Reduce Sentence in exchange for cooperation on another case.
Cooperation means "substantial assistance" although Rule 35 can also be used to address any mitigating factors that were not known at the time of the original sentencing, to "fix" any errors that occurred, or to incentivize a defendant to assist prosecutors on other cases. If you believe Rule 35 could potentially reduce or adjust your sentence for a federal criminal offense, speak to a knowledgeable Chicago, IL federal criminal defense attorney from Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney.
What Happens If I Am Charged with Voyeurism?
Under federal law, it is illegal to knowingly take an image of someone’s private area without his or her consent. This is called video voyeurism and it is a federal sex crime that carries prison time, heavy fines, and registration as a sex offender. The first step to defending yourself against video voyeurism charges is understanding the offense, the penalties for the crime, and what happens after you are charged. For more information and to start building your defense, contact a qualified Illinois federal criminal defense attorney.
What Is Video Voyeurism?
18 U.S.C. 1801, known as the Video Voyeurism Prevention Act of 2004, says that someone who intentionally takes an image or video of a person’s private area when that person had a reasonable expectation of privacy is guilty of video voyeurism.
Do I Need a Mail Fraud Defense Attorney?
Mail fraud is a federal white-collar crime that carries heavy penalties. A person who involves a mail service when committing a crime can be charged not only with the crime but also with mail fraud, potentially increasing his or her sentence. The best way to protect yourself if you are facing mail fraud charges is to hire an Illinois federal mail fraud defense attorney. An experienced lawyer will thoroughly investigate your case and create a defense against the charges.
What Is Mail Fraud?
Mail fraud is when a person uses a postal service to commit fraud. There are four components to a mail fraud charge:
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The defendant had the intent to defraud someone.
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The fraud scheme involved making false statements or omitting important details.
When Do You Go to Prison for Embezzlement?
Embezzlement is a form of white-collar crime that is punished severely by federal law. A person who is convicted of embezzling money can be sentenced to lengthy prison time and fines. Facing federal embezzlement charges can be a frightening experience, but hiring an aggressive Illinois federal embezzlement defense attorney to represent you is a great way to defend yourself against such accusations. Understanding what embezzlement is, how it is prosecuted, and when you can go to prison for federal embezzlement is a crucial first step toward building a defense.
What Is Embezzlement?
Embezzlement is when a person who has authorized access to funds or assets misuses them for personal gain or fraudulent purposes. It is a common type of corporate fraud, where executives in large corporations sometimes "redirect" company funds for other uses. For example, a chief financial officer who has access to the company’s finances and uses them to buy himself a luxurious home while billing it as "local headquarters" could be charged with embezzlement.
3 Examples of Wire Fraud that Can Lead to Federal Criminal Charges
Under 18 U.S.C. 1343, wire fraud is when a person uses electronic interstate communications to deceive someone else for financial purposes. It is a serious federal crime that can carry fines of up to $1,000,000 and a maximum penalty of 30 years in prison. Because of the rise in digital communications, wire fraud is becoming an increasingly common charge.
Understanding wire fraud is an important step toward defending yourself against such allegations. An Illinois federal criminal defense attorney can help you grasp what wire fraud is, the penalties for a wire fraud offense, when it becomes a federal crime, and examples of actions that constitute wire fraud.
When Does Wire Fraud Cross Into Federal Jurisdiction?
To be considered wire fraud, the fraudulent activity must involve electronic communication. That includes radio, television, or any type of digital media available today, such as the internet. Like many crimes, wire fraud becomes a federal offense when it crosses state lines. This makes it a much more frequent charge because almost all digital communications are interstate. Even if two people in Illinois exchange messages, it can be considered interstate communication if the messages are routed through servers in another state.
Will I Go to Prison for Wire Fraud?
Wire fraud is a serious federal crime that can result in many years in prison and heavy fines. Wire fraud prosecutions have reached an all-time high, with high-profile cases including FTX CEO Sam Bankman-Fried and Theranos founder Elizabeth Holmes. As we will see, however, wire fraud can lead to heavy penalties in much milder cases.
This article will discuss what wire fraud is, its penalties, and how it is prosecuted. For more details or to discuss your specific case, contact an Illinois federal wire fraud defense attorney.
What Is Wire Fraud?
Wire fraud is the act of using interstate electronic communications to commit fraud. Today, most of us engage in interstate electronic communications multiple times each day by using the internet or cellular data. If an email, social media message, or text is used in the course of fraudulent activity it may constitute wire fraud.
What Are the Penalties for Wire Fraud?
The penalties for wire fraud are set in 18 U.S.C. 1343, and they are:
Is Embezzlement a Federal Crime?
Embezzlement 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:
What Is Federal Wire Fraud?
Wire 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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