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When an Internet Search Turns Into a Crime
Billions of people use search engines such as Google every day to look up information, videos, local businesses, and more. Most searches conducted are fairly innocent and will not attract the interest of federal authorities, such as the FBI. Unfortunately, there are some search terms that could catch their attention, and that may even leave you facing federal criminal charges. It is important to know what these search terms are, as even just searching for mere interest's sake may not provide a valid defense.
Child Pornography
Generally speaking, viewing pornography online is not a criminal act. However, when pornographic material depicts children under the age of 18, it is considered child pornography, a federal offense that state and federal law enforcement officials take very seriously. Searching for child pornography, even if you do not view it, may also be considered a crime as those searches will remain in your history and could technically mean that you were in possession of the material.
In some cases, a person may view pornographic material depicting children by accident. Still, proving your actions were accidental is extremely challenging.
Other Illegal Searches
Although child pornography may be the most commonly thought of search that is illegal, there are other terms that are considered illegal as well. Any term related to terrorist acts, such as how to build a bomb, are also flagged by federal authorities and are heavily investigated. Agencies such as the FBI will likely look at the rest of your search history to try and determine if you were engaging in illegal activity.
Copyright material is also found extensively online. In fact, most of the content online is protected by federal law. Streaming this material or downloading it to your computer is also considered a criminal offense, as it violates federal law.
Penalties for Illegal Searches
The penalties for conducting an illegal search, if convicted, will vary depending on the actual offense committed. Child pornography and searches related to terrorism acts carry the heaviest sentences, with jail time and high fines likely possibilities. Many people think that violating copyright law may not be a major offense, but that crime too, can result in heavy penalties. Fines associated with violating copyright law are quite steep, and it is possible to face jail time, as well.
Any time someone is accused of conducting an illegal search, their computer will likely be seized so law enforcement can delve deeper into their history. Individuals will also be questioned extensively, and perhaps even pressured or coerced into admitting that they committed an act when they did no such thing.
Our Chicago Federal Criminal Defense Lawyer is Here to Help
Few people consider that conducting a search online could result in criminal charges. Unfortunately, it happens all too frequently. If you have been accused of conducting an illegal online search and are facing charges, call our skilled Chicago federal criminal defense lawyer at the Law Offices of Hal M. Garfinkel today. Attorney Garfinkel knows that not everyone charged with a federal crime is guilty, and he has the necessary experience to help defendants beat the most serious federal charges. Call us at 312-629-0669 or contact us online to schedule a free consultation and to learn more about how he can help.
Stalking Can Quickly Become a Federal Offense
Many people are familiar with the term ‘stalking,’ but because this offense is commonly charged at the state level, individuals are often surprised to learn that they are facing federal charges. Under certain conditions, a stalking charge can quickly turn into a federal offense and when they do, it is important to speak to a lawyer experienced with the federal criminal justice system.
The Definition of Stalking Under Federal Law
The federal statute that governs stalking defines the offense as:
- Placing another person in reasonable fear of serious bodily injury or death to themselves, their family members, spouse, or intimate partners, or
- Causing, or attempting to cause, significant emotional distress to the victim, or
- Acting with the intent to injure, harass, kill, or intimidate the victim
- Placing a victim under surveillance in an effort to injure, harass, kill, or intimidate them
Are You Under Investigation for Prescription Drug Fraud?
Pharmacists help people every day, providing the necessary medication that helps patients with their illnesses and injuries. Few pharmacists expect to receive a target letter or a federal subpoena and when they do, it is easy to imagine the worst-case scenarios. While pharmacists are often the target of prescription drug fraud investigations, it is important not to panic. There are defenses available for these cases and ways you can protect yourself.
Becoming Involved in the Government’s Investigation
Once you learn that you are under federal investigation, it is easy to want to wait it out, hope for the best, and see what happens. This is a big mistake. The Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) are overzealous in their investigations and they cannot go unchecked. A lawyer can ensure that the investigation is being conducted in accordance with the law and that you do not provide more to the investigators than you are legally obligated to.
What Are the Most Common Federal Offenses?
Federal offenses are often misunderstood, mainly because people are more familiar with state crimes that are prosecuted at the state level. Federal crimes are those that violate federal law and, although state law often mirrors this law, there are times when the crime has certain elements that make it a federal offense. A drug crime, for example, violates state law but if the crime involves a border crossing, it becomes a federal crime. Drug offenses are one of the most common federal crimes, as are weapons crimes and white-collar crimes.
Drug Crimes
Any offense that violates the federal Controlled Substances Act is considered a federal crime. Drug crimes are some of the most common offenses at the state level too, but there are some significant differences between the two. For example, while many states have legalized marijuana use, even in these states it is illegal to consume the drug on federal property. If someone was found consuming marijuana on federal property, they could face federal charges, although it would be unlikely.
How Tax Fraud Affects Accountants
When most people think of tax fraud, they typically think of a person that tries to avoid paying the proper taxes they owe and then get charged with tax evasion. While that is certainly one type of criminal offense involving taxes, there are others as well. These offenses fall under the umbrella term of tax fraud and many people can be charged with these crimes, including accountants, without even realizing that they engaged in criminal activity.
What Is Tax Fraud?
Tax fraud, in its simplest terms, occurs when a person makes intentional misrepresentations, or false statements, on a tax return, or a person falsifies tax documents. Tax evasion, on the other hand, refers to using illegal means to avoid paying taxes. Tax fraud is governed under 26 U.S.C. 7206 (1) and under this statute, a person may face charges of tax fraud if they:
- Created and submitted a return, statement, or other legal documents which contains false statements about an important matter,
What Is the Federal Crime of Perjury?
In its most basic form, perjury is defined as lying under oath and it is a federal offense. There are two federal statutes that define perjury. The first outlines general perjury, while the other defines making false declarations before a court or grand jury. Although these statutes differ slightly, with one requiring a federal court proceeding, the definition of the act of perjury largely remains the same. That definition may seem simple, but there are five elements that must be met in order for the prosecution to secure a conviction.
Perjury Must Happen Under Oath
A person can make false statements when they are not under oath and it is not considered perjury. For an offense to have been committed, a witness must have promised to provide honest statements to a person that has the authority to administer the oath, such as a court official. The proceeding in which someone takes an oath must also be considered “competent,” or comply with the law.
Credit Card Fraud: There is More Than One Kind
It was in late March that a major credit card fraud ring was shut down, an effort that was coordinated between Russia’s Federal Security Service (FSB) and United States law enforcement. One man is believed to be the mastermind behind over 40 websites on the dark web that were used to collect and sell stolen credit cards. The man and his associates used cryptocurrency to move hundreds of millions of dollars gained from the credit card theft, and it was this gain that the American authorities seized.
Although stealing credit cards is one type of credit card fraud, there are others that happen very frequently, as well. Three of the most common types of fraud that are considered federal offenses are below.
Phishing Scams
Phishing scams have become very commonplace today. These scams involve emails that look as though they have come from banks and other financial institutions, and credit card issuers. Typically the email will state that there is a problem with the credit card account and will ask the cardholder to click on a link within the email and enter their login information, specifically their password. The websites that the email link directs them to look the same as the official ones, but they are illegitimate. They simply allow someone else to access the information so the offender can wrack up fraudulent credit card fraud charges.
Can You Plea Bargain in a Federal Criminal Case?
In many scenarios when someone has been charged with a crime, they have the hope of a plea bargain, particularly if the prosecution has built a strong case against them. Many people understand the concept of plea bargains, largely due to the fact that television shows and movies often include them within the plot of the story. When faced with a criminal trial, though, people are prone to wonder if the prosecution will offer a plea bargain and, if so, whether or not they should accept one.
Although plea bargains are quite common in state courts, they are typically rarely offered in federal court, for many reasons. If offered one, it is in the accused’s best interests to work with a federal criminal defense lawyer that can determine if the plea bargain is in their best interests.
Advantages of Plea Bargains
Plea bargains are an agreement between the prosecution and the individual accused of a crime. Plea bargains involve the defendant pleading guilty to a lesser crime in exchange for a lighter sentence. It is easy to assume that plea bargains only hold advantages for the defendant because their sentence is not as harsh. However, they also hold benefits for the court. By offering a plea bargain, the court will not have to hold a trial, which takes time and uses the court’s valuable resources. When a plea bargain deal is accepted, the accused does not have to stand trial.
Think Zoom Bombing Is Funny? It Could Get You Arrested
First, there was the term 'photobombing,’ and now there is a new phrase floating around called ‘Zoom bombing,’ While hackers, like those that intrude into photos when they are not welcome, may think that these hijinks are funny, they are actually a crime. And because it involves computer technology, it is considered a federal offense. These crimes come with serious penalties and could have lifelong impacts on those convicted.
What Is Zoom?
Zoom is a cloud-based video service that allows you to meet virtually with other people. Like Skype and FaceTime, it allows people to talk to each other while also being able to see them. When using Zoom, a person can make conference calls in which several people can be included in the conversation and see each other all at once. Many people that work at home use Zoom, as it does not require physically being in the same location. In 2019, however, over 50 percent of Fortune 500 companies reportedly used the platform.
When Is Contempt of Court a Federal Offense?
Many people have heard the term contempt of court, whether on a television show, movie, or perhaps even in real life. While this term is often used in state court, many people also do not understand that this offense can be considered a federal crime. In fact, the federal statutes have many pieces of law pertaining to contempt of court, and they can all become complex. It is for this reason that, if you are facing contempt of court charges, you must work with a criminal defense attorney that is familiar with federal offenses, and knows how to defend against them.
18 U.S. Code, Chapter 21
All of the United States’ statutes dealing with contempt of court are found in 18 U.S. Code, Chapter 21. This chapter is broken down into several sections regarding different aspects of contempt of court. Section 401 within this chapter deals with the power of the court, while Section 402 outlines when contempt constitutes a criminal offense. Lastly, Section 403 of 18 U.S. Code, Chapter 21 specifically deals with protecting the privacy of child victims and witnesses to a crime that are children.
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