Posted on July 16, 2021 in Federal Crimes

Earlier this month, the U.S. Attorney’s Office filed charges against a Chicago man for trafficking cocaine and transferring a loaded submachine gun. While it is fairly common to hear about drug and gun charges being filed together, machine gun charges are actually kind of rare. In fact, only about 7 percent of the more than 65,000 federal gun charges filed between 2008 and 2017 involved a machine gun.

A History of U.S. Machine Gun Laws

One partial explanation for the small number of machine-gun charges is that the federal government started cracking down on machine gun ownership following the Prohibition Era. In 1934, Congress passed the National Firearms Act, which requires anyone who buys an automatic weapon, short-barreled rifle or shotgun, or silencer to register the item, pay a $200 tax, and complete a number of other bureaucratic steps.

A half-century later, after a number of high-profile assassinations, Congress passed the Gun Control Act of 1968, and then updated it in the 1980s amid an uptick in crime. The latter limited machine gun transfers by essentially prohibiting the production of machine guns after 1986.

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 Posted on July 02, 2021 in Federal Crimes

During the social unrest in the summer of 2020, gun stores were a popular target for burglars and looters. In most cases, thieves arrived in groups, gained entrance by smashing through the storefront, and proceeded to ransack the store. Using that method, they could often steal dozens of firearms in a short amount of time.

Most gun stores have alarm systems and surveillance cameras, and they are required by federal law to keep detailed records of their inventory. Before any of that, though, gun stores need a federal firearms license (FFL) in order to operate, which puts them in federal jurisdiction.

Gun thefts from a store with an FFL are primarily investigated by agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Suspects identified in such an investigation could face federal charges such as stealing firearms, possessing stolen guns, and even conspiracy.

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 Posted on June 25, 2021 in Federal Crimes

A federal crime is any offense that violates United States federal laws. These crimes are prosecuted by government agencies and can come with harsher punishments than state crimes. If you were recently charged with a federal offense, the steps you take afterward can have a large impact on the outcome of your case, including your chances of avoiding conviction or reducing your sentence.

Steps to Take If You Are Facing a Federal Criminal Charge

Facing a federal criminal charge can definitely be a frightening ordeal. However, it is important to maintain your composure and take the necessary steps to protect your rights and build a strong defense.

• Understand whether you could face both federal and state charges. If you violated both federal and state laws, you may be up against both federal and state charges. This means that even if you get convicted or acquitted of a state crime, the government can still charge you with a federal crime. Knowing the stakes can help you choose the most appropriate response.

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 Posted on June 18, 2021 in Federal Crimes

If you have been charged with a federal drug crime, it is crucial to have a skilled Illinois criminal attorney on your side. If convicted of a federal drug crime, you may face serious penalties, such as prison time and heavy fines. A lawyer will help you build a strong defense and protect your legal rights.

When Drug Crimes Become Federal Offenses

Some drug crimes are charged at the state level while others are charged at the federal level. You will likely be charged federally if you commit a drug offense on federal property, such as a national park. You may also be charged federally if you are caught manufacturing or trafficking illegal drugs, especially across state lines.

Types of Federal Drug Crimes

Federal drug crimes come with penalties beyond prison time. If you get convicted of a federal drug crime, you will have a permanent criminal record, making it more difficult to get a job and place to live. Here are several types of federal drug crimes:

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 Posted on June 11, 2021 in Federal Crimes

Many crimes have the potential to be charged at either the state or federal level. Prosecutors must come to an agreement as to which entity has jurisdiction, or whether both entities have jurisdiction, before they can proceed with charging a crime. Kidnapping is one of the crimes that can be charged in both state and federal courts. Federal kidnapping charges can be extremely serious and can end up landing you in prison for many, many years. If you have been charged with kidnapping at any level, you need assistance from a skilled Illinois kidnapping defense attorney.

Understanding Federal Kidnapping Crimes

According to the United States Code, kidnapping occurs when a person seizes, confines, abducts, or takes and holds for ransom any person. For the act to be considered a federal crime, one or more of the following elements must also be true:

• The kidnapper transported the victim across state or country lines.

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 Posted on June 04, 2021 in Federal Crimes

In light of events that have taken place across the country in recent years, you may have heard of various hate crimes taking place against many different individuals. According to the Federal Bureau of Investigation (FBI), there were more than 7,300 incidents of hate crime that took place across the country in 2019, the latest year for which the FBI has data. Hate crimes are often punished on the state level, but many people do not realize that they can be prosecuted on the federal level, as well. Various federal statutes have been put into place to help protect the rights of certain individuals.

Bias in Hate Crimes

According to the FBI, a crime is not a hate crime unless there is a bias that compelled a person to commit the crime. Hate crimes are usually traditional destructive or violent crimes, such as assault and battery or arson, that are committed toward a person specifically due to their real or perceived race, color, ethnicity, religion, gender, sexual orientation, sexual identity, or disability.

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 Posted on May 27, 2021 in Federal Crimes

There are various rights that all American citizens have been given by the U.S. Constitution. For example, we all have the right to freedom of speech, freedom of the press, and the freedom to peacefully assemble. One of the constitutional rights that comes into question in many criminal cases is your Fifth Amendment right against “double jeopardy,” or being tried for the same crime more than once. When you commit certain crimes, you may find that you face both state and federal charges for the same event. Many times, this is a result of committing a crime that takes place across state lines, but it can also be a result of various crimes that violate both state and federal laws. Though it may seem unfair, you can indeed face both state and federal charges for the same crime.

Understanding “Double Jeopardy”

To explain the legality of charging a crime on both the state and federal levels, you must first understand the two most important concepts that are involved: double jeopardy and dual sovereignty. Many people believe that being charged both by the state and the federal government is a violation of their Fifth Amendment rights. The Fifth Amendment states that, “No person shall...be subject for the same offense to be twice put in jeopardy of life or limb…” This means that once a person is subject to certain charges, they cannot be subject to charges arising from the same incident again.

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 Posted on May 20, 2021 in Money Laundering

Not all crimes that take place are crimes of violence. Some crimes can be just as destructive without directly causing any physical harm to people. Many of these crimes are related to finance or technology and are broadly referred to as white collar crimes. Now, more than ever, white collar crimes are easier to commit as technology advances further, and in the United States, a variety of task forces and federal agencies investigate and prosecute them. One type of white collar crime that is commonly associated with both low-level and high-profile crime is called money laundering.

What is Money Laundering?

In general, money laundering occurs when large amounts of money that are obtained through criminal activity are handled in a way that makes the money look as if it came from a legal source. In other words, money laundering takes “dirty” money and makes it “clean.” Many times, money laundering is a result of other criminal activity, such as drug trafficking or manufacturing. Most of these illegal businesses operate with cash, but keeping thousands and sometimes millions of dollars on hand is inefficient. Money laundering allows criminals to deposit that money into a legitimate financial institution without it looking suspicious.

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 Posted on May 13, 2021 in Federal Crimes

The United States has a long and complicated history with drugs. In the 1800s, many drugs that are illegal today were available to most individuals who wanted them. Cocaine, heroin, opium, and cannabis were widely sold and were sometimes even marketed as health remedies. By the late 1800s, several states began to pass laws banning the sale and use of cocaine and opium, and by the early 1900s, the first federal law relating to drug use and possession was passed, highly regulating the legal narcotic industry and creating law enforcement that today is known as the Drug Enforcement Agency (DEA). In today’s world, the DEA is best known for enforcing federal drug laws and prosecuting those who sell or traffic drugs across state lines, along with other federal drug offenses.

Sentencing Guidelines for Federal Drug Crimes

Many federal drug crimes have minimum sentences that are required to be imposed if the person is convicted. These guidelines were put into place during the 1980s when the Reagan administration declared the “War on Drugs,” but many studies have shown that these minimum sentences do not actually reduce the amount of drug crime or the rate of recidivism of those who have been convicted. Nevertheless, these minimum sentences still exist today. If you are convicted of federal drug manufacturing or trafficking, you could face the following consequences:

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 Posted on May 06, 2021 in Federal Crimes

Homebuyers in the United States have had a difficult time navigating the housing market lately, due to financial constraints related to the COVID-19 pandemic and increased competition driven by low interest rates. While homeownership is a dream for many people, it can be difficult to achieve, especially at a time like now. Some people may be tempted to obtain a mortgage through underhanded means, or prey on those who are struggling, but it is important to know that mortgage fraud is a serious crime that is typically prosecuted at the federal level and that can carry significant penalties.

Understanding Types of Mortgage Fraud

According to the Federal Bureau of Investigation (FBI), mortgage fraud is a type of financial institution fraud that involves some sort of misstatement, omission, or misrepresentation on a mortgage loan application or agreement for the purposes of misleading a bank or lender. Mortgage fraud can include actions taken by borrowers to obtain a place of residence or by lenders to make money. Common types of mortgage fraud include:

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