Posted on March 13, 2020 in Hate Crime Statute

In early February, a man entered a plea deal after being accused of setting fires to three different churches in Louisiana. Now he faces a number of state and federal charges. Among the federal charges he is facing, one is intentional damage to religious property, which is a hate crime under the Church Arson Prevention Act.

Damaging Religious Property Defined

According to Title 18, U.S.C., Section 247, damaging religious property is defined as damaging, defacing, or destroying property due to its religious nature. This last element of the offense is very important. In order to be considered a hate crime, the prosecution must prove that the defendant damaged property intentionally, and specifically due to its religious nature.

This means that if someone is on religious property and accidentally damages it, they cannot be charged with a crime. It is the intent to destroy religious property that makes this offense a hate crime.

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 Posted on March 06, 2020 in Federal Crimes

There is a lot that happens in a federal investigation and much of the time, a person does not even realize they are being investigated until they receive a target letter in the mail. Target letters are very intimidating and can strike fear in the hearts of anyone that receives one. After receiving a target letter, it is also natural to wonder what you should do next. So, what is a target letter and what does it mean for you?

What Is a Target Letter?

During a federal investigation, there are three categories federal agencies will place people into. These are witnesses, subjects, and the target. The target is the person federal investigators are targeting and believe has committed a crime such as embezzlement or a drug crime.

The subjects in the investigation are individuals federal agents believe may know something about a crime, but they do not believe a subject has committed the offense. Like in any other legal case, witnesses are individuals that may have seen the crime and so, law enforcement and the prosecution only want to talk to them to learn more about what may have happened.

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 Posted on February 28, 2020 in Fraud

When the FBI announced this past year that bank fraud was on the rise, it did not come as a surprise to many. Today, information is kept on servers and computers, which skilled hackers can learn how to access to commit fraud. Unfortunately, not everyone charged and arrested for bank fraud is guilty. Overzealous law enforcement officials often charge the wrong person in pursuit of making arrests and helping the prosecution with securing a conviction.

Due to this overeagerness, there are many people that need a strong defense against bank fraud charges. Some of the most common defenses used are found below. If you have been charged, an experienced federal criminal defense lawyer will use one or more of these when proving your innocence.

Lack of Intent

Many fraud offenses require the defendant to have the intent to defraud someone else, and bank fraud is no different. If you did not have the intent to defraud a bank, or a person through their bank account, you cannot be convicted of fraud. To prove that you did not have intentions of fraud, your lawyer can introduce evidence that shows that you tried to correct the situation.

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 Posted on February 21, 2020 in White Collar Crime

In early January, former Congressman Chris Collins was sentenced by a federal judge to over two years in prison for insider trading and making false statements to federal agents. The former congressman told his son that the results from the clinical trial conducted by Innate Immunotherapeutics were negative. Armed with the tip, Collins’ son sold his shares, and many others followed. Along with the jail time, the judge also sentenced him to a fine of $200,000.

Collins admitted to what he had done, saying that he was a disgrace to not only his son, but also the constituents he once served. However, not everyone charged with insider trading is guilty. For these individuals, there are many defenses available.

There Was No Purchase or Sale of Securities

Insider trading is the act of sharing information pertaining to securities before that information becomes public. Then someone must act on that information by either purchasing or selling their stocks or shares. In Collins’ case, the results of the clinical trial had not yet been released, but his son sold his shares after hearing of the trial’s results. This contributed to the conviction of Collins.

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 Posted on February 14, 2020 in Fraud

A conviction for healthcare fraud comes with very serious consequences. A person faces very high fines, and possibly even long sentences in federal prison. As such, it is important that anyone facing these charges understands that there are defenses available, and a federal criminal defense lawyer will know how to use them. Below are just a few of the most common defenses that are often used in these cases, and that may be used in yours if you are facing charges.

What is Healthcare Fraud?

Healthcare fraud is a crime that typically involves a person or organization defrauding the federal government. There are many different types of healthcare fraud. A medical clinic may violate the Anti-Kickback statute by receiving money or other incentives for patient referrals. Or, a doctor may overcharge a Medicare invoice in order to receive more money than what was required for a certain service. These are just two types of healthcare fraud, but there are many others. No matter the charge, there are defenses that are very effective and can give those accused a good chance of beating the charges.

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 Posted on February 07, 2020 in Federal Crimes

Sometimes, people find themselves in such a bad situation that they become desperate. That was likely the case in late January when a man, believed to be between 20 and 30 years old, entered the Alaska USA Federal Credit Union in the Salmon Creek Albertsons in Washington. After approaching the teller he handed her a note demanding cash and after receiving it, he left. Police are still asking for help in locating the suspect who will likely face charges of bank robbery if caught. The bank robbed in the recent story was a federal credit union, so it makes sense that it would be considered a federal offense. However, are all bank robberies considered a federal crime? The answer is yes, and a conviction comes with harsh consequences.

How is Bank Robbery Defined in the Federal Code?

Bank robbery is covered under 18 USC 2113. This section of the United States Code defines bank robbery as stealing or attempting to steal cash or property of any value that belongs to a bank, credit union, or savings and loan association.

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 Posted on January 31, 2020 in Federal Crimes

If you have been indicted for a federal crime such as embezzlement or bankruptcy fraud, you likely know that you need a qualified federal criminal defense lawyer to represent you. You likely also know that you do not just need a lawyer, you need the right lawyer for your case and one that will give you the best chance of success. So, how do you go about finding one? Following the tips below will certainly help.

Find the Right Type of Lawyer

If you are charged with or being investigated for a federal crime, you need a federal criminal defense lawyer. These lawyers are much different than divorce lawyers or estate planning lawyers. They are even much different than criminal defense lawyers that work at a state level. Federal criminal defense lawyers understand the federal system, how federal courts work, and what the sentencing guidelines are in federal court. This is important and will make a difference in your case.

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 Posted on January 24, 2020 in Federal Crimes

Having a federal conviction on your record is a very serious matter. In addition to meaning that you may have to serve time in prison, it can also mean that you may not be able to find a job, find a place to live, or even obtain a school loan once your punishment is over. Even after serving probation, you may still find trouble securing all the opportunities you once did. Many people experience this after they have served their time and want to carry on with their lives as they once did. So, after you have served your sentence, can your federal conviction be expunged?

When Federal Convictions Can Be Expunged

To get a federal expungement means to make it as though the conviction never existed. Your criminal record is essentially thrown out, and no one can look up your arrest or conviction in public records. However, most federal offenses are not eligible for expungement. Under 18 U.S.C. 3607(c), only individuals convicted of a minor offense under the Controlled Substances Act can have their record expunged. This is a very narrow category of offenses, which unfortunately means that most people convicted of a federal offense do not qualify for expungement.

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 Posted on January 17, 2020 in Appeals

Just like with the state criminal justice system, if you have been convicted of a federal crime, you can also appeal it. Unlike appeals that happen at the state level though, federal appellate courts are much more difficult to understand than appeals that happen in state court. This is largely due to the fact that federal appellate judges and their staff are kept separate from the defendant, their lawyer, and the public. To demystify the process, listed below are the top five things anyone convicted of a federal crime, such as embezzlement or drug trafficking, should know if they want to appeal the decision.

A Federal Appeal is Not a Retrial

Federal appeals do not take place in a courtroom. There are no witnesses, new evidence is not presented, and there is not a jury. Instead, federal appeals deal only with the legality of the original trial. Attorneys for each side will prepare a brief that raises any errors made in the original trial or responds to allegations of an error made.

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 Posted on January 10, 2020 in Federal Crimes

When many people hear of the federal justice system, they may at first imagine tough United States attorneys and convictions that come with much harsher sentences in federal prison. Both of these are elements of the federal justice system, but there is also much more to it than just that. There are also many ways this system varies from the state justice system in Illinois. Below are just a few of the main differences between the two.

The Judges

According to the Constitution, federal judges are appointed by the President and confirmed by the Senate. In most cases, federal judges hold these positions for life. The only exception to this is if they are charged with misconduct in which case, Congress will hold impeachment hearings and determine whether a judge should be removed.

State judges, on the other hand, are elected into their position and they are not guaranteed to hold it for life. If they wish to remain on the bench, they must run for re-election.

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