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Common Defenses to Identity Theft
A recent story involving a U.S. astronaut has made headlines around the country. The astronaut, who spent six months onboard the International Space Station, has returned home, but the headlines may not be what she expected. Instead of being touted for her work, she is instead under scrutiny for a possible identity theft crime. While on board the ISS, she used a computer to look into her ex-wife’s bank account. She claims she was only trying to ensure there was enough money to care for their son, but she could face charges of identity theft.
The astronaut in question is likely shocked to come home to this story, as most people are when they are accused of identity theft. However, there is hope. There are many common defenses federal criminal defense attorneys use in identity theft cases, and they are found below.
Authorized Use
When a person has given another person to use their identity, the person that uses it cannot be found guilty of identity theft. This is true even if the person stole money or something of value while assuming the identity. This sounds like an unreal situation, but it is more common than one would think.
For example, a mother gives her son her bank card to go buy some groceries. While at the store, he purchases items his mom did not give permission for. While he should not have bought those items, he cannot be charged with identity theft because he was given permission to use the bank card.
Lack of a Crime
Simply stealing another person’s identity is not necessarily a crime, although in certain circumstances, such as hacking, it could constitute one. However, in many cases simply obtaining someone’s personal information is not a crime if nothing is done with that information.
For example, if a credit card is mailed to the wrong house and a person at that address opens it, they have obtained a person’s credit card information. They can only be charged with a crime, though, if they use that credit card. If they cut it up and throw it out, or even keep it but never use it, they have not committed a crime.
Lack of Intent
Like so many crimes, identity theft cases often hinge on intent. Without intent, there is no crime. For example, two sales agents share the same first and last name. An administrative error allows one agent access to the other’s business account. Without realizing it, they use the funds in the account. They cannot be charged with an identity theft crime because they did not have the intent to take money from the account that was not rightfully theirs.
Need a Good Defense? Call Our Illinois Federal Criminal Defense Attorney
Facing charges of identity theft is always shocking, even when the alleged act was not performed in space. If you have been charged with a crime, you need the help of our experienced Chicago federal criminal defense attorney. At the Law Offices of Hal M. Garfinkel, we will work hard to prepare the defense you need and give you the best chance of a possible outcome in court. Call us today at 312-629-0669 for your free consultation to learn how we can help.
What Are the Levels of Intent in Federal Criminal Cases?
During a federal criminal trial, prosecutors have to prove a number of elements in their case. One of those elements is the legal concept of ‘mens rea’ or criminal intent. This is true in most cases, although there are certain cases that rest on strict liability and do not include the requirement of intent. Not only must the prosecution prove intent, but there are also four different levels of intent they must prove. The level they must prove will depend on the statute involved in the case. Below, those four levels of intent are examined more closely.
The Accused Acted Knowingly
There are many criminal statutes that only require the prosecution to prove the defendant acted knowingly. This means that the defendant simply knew what they were doing. The prosecution does not have to prove that the defendant knew what they were doing was against the law. For example, 18 U.S.C. Section 1512(b) states that it is illegal to intimidate or threaten a person that could be a witness for the federal prosecution. If the prosecution can prove a person knowingly did this, they do not have to also prove the defendant knew it was illegal.
What to Expect if You Are Involved in an Opioid Investigation
In 2017, then Attorney General Jeff Sessions announced the government’s war on opioids. Ever since, no healthcare agency or provider has been immune from the Drug Enforcement Agency’s (DEA) investigations. For nearly two years, the DEA has been aggressively investigating physicians, pharmacists, dentists, and other healthcare professionals for drug diversion.
Due to this, it is important healthcare providers understand the initial signs that could indicate they are under investigation, so they can take the necessary steps to address the problem quickly. The process you can expect if you are under investigation are below.
Patient File Audit
One of the first signs that you are under investigation for drug diversion is if you receive a request from the DEA asking for patient charts. This will come either from a commercial insurance carrier or a DEA subpoena. There are two reasons for this audit. The first is that you or your practice has been singled out based on a complaint either from a patient or through data comparison.
Is Buying Counterfeit Goods a Federal Crime?
Maybe you picked up some designer bags from a street vendor that you knew were not really designer. Or, maybe someone was selling a watch you knew was not actually a Rolex. Sometimes the temptation is too great. These counterfeit products look very similar to the real thing, and they come at such an affordable price. However, if you buy them, are you breaking federal law?
Defining Counterfeit Goods
Legally speaking, counterfeit goods are products that are of inferior quality and sold under another company’s trademark. Trademarks are typically the logos company use and attach to their products to identify it as being from a certain brand. The purpose of a trademark is to protect a company’s reputation and make it easier for customers to distinguish one brand from another in the marketplace.
Trademarks do not expire. A company simply has to register the trademark with the U.S. Patent and Trademark Office. Once they do this, they own that trademark for life. After a trademark is registered, only that company can use the trademark. Others are prohibited from using it, even if it is slightly altered. If an invalid logo could confuse customers or trick them into thinking it was the actual product, using it is illegal.
Differences Between Grand Juries and Trial Juries
If you have been charged with a federal crime such as healthcare fraud or federal drug trafficking, you may hear that the grand jury is convening over your case. This happens before a trial even begins, which confuses many accused individuals. Does the jury convene after the trial? What does the grand jury do?
In federal cases, there is a good chance that both a grand jury and a trial jury will hear your case. They both have very different functions, though, and are sometimes presented with different types of evidence.
The Grand Jury in Federal Cases
In a federal criminal case, the role of the grand jury is to determine if the prosecution has enough evidence to charge the accused. Grand juries are usually made up of 23 people. While the grand jury process can take months to complete, grand jurors typically do not work more than a few days per month.
A grand jury works closely with the prosecution. The prosecutor will present them with evidence, which the grand jury has large control over. During the grand jury process, the jury can hear nearly any type of evidence they would like. They can also listen to testimony from any individual that can help them make their recommendation.
Defenses to Conspiracy to Commit Murder
The news of Joaquin Guzman, better known as ‘El Chapo,’ starting his life sentence this week made news around the country, and around the globe. The sentence came after Guzman was found guilty of a number of crimes, including conspiracy to commit murder. While a jury found Guzman guilty and he was largely known as a very violent criminal, not everyone accused of conspiracy to commit murder actually committed the act. Fortunately for these individuals, there are defenses available.
What Is Conspiracy to Commit Murder?
The federal crime of conspiring to commit murder is covered under 18 U.S. Code Section 1117. Under this code, it is unlawful to conspire, or plan, to kill internationally protected persons, law enforcement or government officials, or any other person.
It is important to understand that the act of murder does not have to happen in order for the prosecution to press conspiracy charges. The government must simply show that a person had plans to kill another person. If the murder did take place, a person will likely face both conspiracy charges and murder charges.
In a conspiracy case, the prosecution must prove the intent of the defendant, which is very difficult to do. If a person is unaware they are part of a conspiracy, they cannot be convicted of a crime. However, a person also does not need to be made aware of all the elements of the crime, either. As long as they know they are part of a conspiracy, they can face charges.
For those convicted, conspiracy to commit murder has very harsh penalties. There is no minimum sentence, and a person could spend the rest of their life in federal prison. Due to this, it is important any individual charged speak to a federal criminal defense attorney that can help.
Defenses to Conspiracy to Commit Murder
One of the most effective defenses in conspiracy to commit murder cases is abandonment or withdrawal. If the defendant can show that they communicated to their co-conspirators, in no uncertain terms, that they no longer wished to play a role in the conspired crime, this can be used as a defense. When using this argument, the defendant must also show that they took positive action to remove themselves from the conspiracy. They must also show they no longer communicate with their co-conspirators. This withdrawal must occur prior to the conspired act taking place.
Like all criminal cases, mistaken identity can also be used as a defense in conspiracy to commit murder cases. Sometimes, law enforcement and the prosecution simply get it wrong. When they do, and they accuse the wrong person of conspiracy to commit murder, it can be used as a defense to conspiracy to commit murder.
When law enforcement has persuaded someone to partake in conspiracy to commit murder, this is also a useful defense. To use it, the defendant must show they had no intention of committing a crime before communication with a law enforcement officer. They must also show the conspiracy was suggested by the officer first, and that the officer persuaded the defendant to conspire to commit the act.
Charged with a Federal Crime? Call an Illinois Federal Criminal Defense Attorney
Like all federal crimes, there are valid and effective defenses to the crime conspiracy to commit murder. However, no one should ever try to argue them on their own. A skilled Chicago federal criminal defense lawyer can give defendants their best chance of success in court. If you have been charged with a federal crime, call the Law Offices of Hal M. Garfinkel at 312-629-0669 today for your free consultation. We are dedicated to helping those accused of crimes retain their freedom, and we want to help with your case, too.
Product Tampering Is a Federal Crime
Earlier this month, a young woman was filmed licking a tub of ice cream in a Lufkin, Texas Walmart before returning it to the freezer. Law enforcement officials were notified, and the girl has now been identified as a 17-year-old girl. Due to her age, she has been transferred to the juvenile justice system. That is a good thing. If tried as an adult, she would have faced federal charges of tampering with a consumer product. That is a charge that has a potential sentence of 20 years in federal prison.
Tampering with a Consumer Product
Many people do not realize that tampering with a consumer product is against the law. It is certainly not a federal crime that regularly makes the news. However, while some may think tampering with a product is an innocent prank, federal agencies see it quite differently.
Federal law prohibits tampering with a product, or even trying to tamper with a product. Even tampering with packaging or labels, or altering the written information on a consumer product, is considered illegal behavior. The law does not consider tampering with a consumer product to be against the law if the product has already been purchased and brought to someone’s home.
How Do the Federal Sentencing Guidelines Work?
If you have been charged with a federal crime such as healthcare fraud or money laundering, you will need to understand how the Federal Sentencing Guidelines work. These guidelines are just that - they are guidelines to help judges decide on appropriate sentences. They are not hard and fast rules.
The Federal Sentencing Guidelines are released in a publication every year. Although judges are not required to follow these guidelines, they are required to at least consider them. If a federal judge decides to deviate from these guidelines, they must provide a clear and full explanation of their reason for doing so. Below is a brief explanation of how these guidelines work.
What Are the Federal Sentencing Guidelines?
Under the Federal Sentencing Guidelines, individuals convicted of a federal crime are assigned to one of 43 offense levels. The level they are assigned will depend on the severity of the crime. Offenses considered to be on a higher level have more serious consequences. For example, money laundering may have an offense level of 20, while first-degree murder will have an offense level of 43.
What to Do When Facing a Search Warrant
Under the Fourth Amendment, investigators must have a search warrant in order to search your home. When a judge gives them this warrant, you have no choice but to allow them into your home to search within the provisions of the warrant. The things that you do and do not do during a search can have a significant impact on your case. The very first thing you should do is get a lawyer. A federal criminal attorney will ensure your rights are upheld and help you prepare for anything that might come next.
What a Search Warrant Means
Many people do not know what a search warrant means. Does it mean an arrest will follow? What are the investigators looking for?
If investigators are searching your home, they likely suspect you, or someone in your home, of a federal crime. If they needed information on someone else, they usually issue a subpoena to get the information from you.
Difference Between State and Federal Sex Charges
Recently, singer R. Kelly appeared once again in federal court. This time it was to set a trial date for the 11 sexual abuse charges he is facing. R. Kelly continues to deny all charges against him. The fact that this high-profile case is in federal court has some confused. Are sex charges a state crime? When do they become a federal crime?
Federal Court vs. State Court
Like other crimes, when a person is charged with a sex crime, they are arrested and the case is tried in the jurisdiction where the crime occurred.
Certain sex crimes are considered both state and federal crimes. The federal courts may hear the case at first, and then move it into the state courts. Likewise, a case may begin in state court and then advance to federal court if it is serious enough, or if new evidence is presented that makes the case appropriate for federal court.
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