How to Escape an ICE Audit Unscathed

 Posted on January 31, 2019 in White Collar Crime

No one ever wants to get audited. When business owners are facing an ICE audit though, it is even more intimidating. These audits are conducted by Immigration and Customs Enforcement, and the number of them have skyrocketed over the past year or so.

These audits are meant to look for undocumented immigrants that are working for a business. The law provides that businesses may hire a certain number of undocumented workers, but if more than that number is found, it can mean big trouble for the business owner.

It is important all business owners realize the possibility of an ICE audit happening in their place of business. It is also just as important that they understand how to escape one unscathed.

Do Not Lie to a Federal Agent

Most business owners likely understand that they are expected to tell the truth during an ICE audit. Unfortunately, the majority do not realize that outright lying to a federal agent is a crime in and of itself. In fact, anything said while speaking to a federal agent is equivalent to testifying in federal court. This is why everything that is said must be 100 percent truthful.

Continue Reading ››

When Is Kidnapping a Federal Crime?

 Posted on January 26, 2019 in Kidnapping

Kidnapping is typically a crime that starts at the state level. Under Illinois Compiled Statutes 720 ILCS 5/10-1, kidnapping is secretly confining someone against their will, or using deceit or secrecy to take a person from one place to another. Due to the fact that this is a state statute, those that violate the law will likely be tried in state court. There are times though, when kidnapping moves from state court and is tried in federal court as a federal crime. Conditions that Make Kidnapping a Federal Crime After the historic Lindbergh kidnapping, in which the toddler son of Charles Lindbergh was abducted and killed, the United States Congress enacted the Federal Kidnapping Act. This is often called the Lindbergh Law, or the Little Lindbergh Law. The Act makes kidnapping a federal crime when certain conditions are met. These include:

• When a child under the age of 16 is taken outside of the country by a non-custodial parent;
• A foreign official or person with international protection is kidnapped;

Continue Reading ››

Is Identity Theft a Federal Crime?

 Posted on January 17, 2019 in Identity Theft

Identity theft has become a well-known term in recent years. However, until recently it had no legal definition. It was not until the Identity Theft and Assumption Deterrence Act of 1998 that identity theft was recognized as a crime. And yes, it is now considered to be a federal crime. The penalties for identity theft are severe. Anyone charged with this crime needs to speak to an Illinois federal crimes attorney that can help with their case.

History of Identity Theft

Before 1998, identity theft was known as “false personation.” However, this crime involved someone misrepresenting their own identity rather than stealing someone else’s. False personation was very different than identity theft. While this crime may be committed so someone could avoid facing legal consequences of their actions, identity theft is nearly always about gaining access to someone else’s money.

Purpose of the Identity Theft and Assumption Deterrence Act of 1998

Continue Reading ››

What Is Insider Trading?

 Posted on January 10, 2019 in White Collar Crime

Even with the widely publicized arrest and later conviction of Martha Stewart for insider trading, many people still are not aware of what this crime entails. Many also think that it is a crime of the affluent or those that have acquired fame, perhaps due to the Stewart scandal in 2003. However, people are charged with insider trading more often than many think. So, what does this crime involve? And what are the penalties associated with it?

Insider Trading Defined

Insider trading is when an individual has a fiduciary duty to another individual, institution, corporation, or other entity and makes an investment decision based on information that is not available the general public. The decision can be made in order to profit from that investment or to avoid losses in others. In the Martha Stewart case, she sold her ImClone stocks in order to avoid a loss. Interestingly, insider trading has only been considered a crime in the past several decades. Early in the twentieth century, the Supreme Court actually called insider trading an advantage of being an executive. After the opulent 1920s, and the subsequent Great Depression, public opinion shifted, and the courts’ did as well. It was at this time that insider trading was no longer allowed, and when the Securities Exchange Act of 1934 was created.

Penalties for Insider Trading

Continue Reading ››

Federal Counterfeiting Crimes Explained

 Posted on December 29, 2018 in Federal Crimes

The term ‘counterfeiting’ can be used to describe any number of fake articles. Counterfeit art or fake commercial items such as designer apparel can all be considered counterfeits. However, these goods are not covered by federal law. So what is the federal crime of counterfeiting? And what are the penalties one may face? Being charged with the federal crime of counterfeiting is very serious. Anyone that has been accused needs to speak to a Chicago federal criminal defense attorney that can give them the best chance of beating the charges.

Federal Counterfeiting Definition

According to the U.S. Code, Title 18, Chapter 25, the federal crime of counterfeiting involves producing, possessing, and using false documents that are used to cheat the government of the United States. These include:

• Currency;
• Securities, such as stock certificates;

Continue Reading ››

What Is a Hate Crime?

 Posted on December 20, 2018 in Hate Crime Statute

According to the FBI, hate crimes in the United States rose by 17 percent in 2018. That makes it the third consecutive year that these numbers have increased. What may be even more troubling is that it has been estimated that less than ten percent of hate crimes in the country actually show up in the FBI’s data. But what exactly is a hate crime? Is it different than hate speech? And what are the penalties? Hate crimes, and their penalties, can be very serious. Anyone charged with a hate crime needs to speak to a federal crimes lawyer in Illinois as soon as possible to give themselves the best chance of success in court.

What Is a Hate Crime?

The FBI classifies a hate crime as an additional crime tied to any other offense. If a person commits murder, arson, vandalism, assault, or any other crime with an added element of bias, it is considered a hate crime. That bias could be based on someone’s religion, sexual orientation, race, disability, or gender. When these crimes are committed, and they have the additional element of bias, it is considered a hate crime. Hate crimes, in the United States, are considered federal crimes. When someone is convicted of a hate crime, they are sentenced to penalties for the original offense they committed. Additional penalties, such as longer sentencing or higher fines, are then added to that original sentence for the hate crime element of the offense.

Difference in Hate Crimes and Hate Speech

Continue Reading ››

Federal Murder Charges

 Posted on December 13, 2018 in Murder

Murder cases are often tried in state court because in general murder is a state crime. However, there are some circumstances where a murder trial will occur in federal court. These instances are spelled out in federal law and are quite specific. Federal prosecutions often have a larger budget and a different set of laws will be in effect. It is important that the accused hire counsel that can mount a strong defense and who fully understands federal laws of evidence and the elements of federal crimes.

Ten Types of Federal Murder Charges

1. Killing of an elected or appointed federal officeholder. Federal charges will result if the victim is a congressman, senator, president, vice president, a cabinet officer (for example Secretary of Defense), or a Supreme Court justice.
2. Killing of a federal judge or law enforcement officer. If the victim is a federal judge or a federal law enforcement officer, the trial will be heard in federal court.

   Continue Reading ››

What Is Embezzlement?

 Posted on December 06, 2018 in White Collar Crime

Embezzlement is a type of white collar crime that comes with serious consequences for those convicted. Embezzlement occurs when someone entrusted with certain property takes that property. For example, a bookkeeper who takes money from her employer may be convicted of embezzlement. Federal prosecutors must prove the following elements to convict someone of embezzlement:

• There was a trust or fiduciary relationship between the accused and the company or government agency;
• The property came into the possession or care of the accused by virtue of his or her employment;
• The accused’s dealings with the property constituted a fraudulent conversion or appropriation of it to his or her own use; and
• The accused acted with the intent to deprive the owner of the use of this property.

Embezzlement is a crime that often takes place over a long period of time. In these cases, the perpetrator will gradually divert small sums of money into his or her bank account, hoping that these amounts will go undetected. U.S. courts have stated that someone accused of embezzlement cannot escape a conviction by arguing that the property would be returned or was returned. Even a temporary taking of the property is illegal.

Embezzlement vs. Larceny

Continue Reading ››

The FBI: Catching Those in Possession of Child Pornography

 Posted on November 29, 2018 in Child Pornography

Child pornography charges or convictions are in the news on a constant basis. The FBI says that the large number of incidents of child pornography is attributable to the Internet, which has made this type of material more readily available. Technology has also made such a crime easier for law enforcement to investigate and prove a case against someone so accused. Many times there is a paper trail for this type of crime that the FBI is able to access. Child pornography charges often result in a conviction. Child pornography investigations are carried out in one of the Bureau’s 56 field offices by Child Exploitation Task Forces that integrate FBI resources with those of other law enforcement agencies, including those at the state and local levels. There are almost 400 law enforcement partner groups that engage in these task forces and are aided by FBI intelligence analysts, victim consultants, and subject matter authorities. Due to the nature of the Internet, many child pornography crimes involve people in other countries. The FBI’s legal attaché offices in more than 60 nations work with these countries on such investigations. Those accused of child pornography are of all backgrounds, and many do not have any sort of criminal history. These crimes often occur on the “dark web,” a place where their true identity can be hidden. Many times friends and family member have no idea that this person takes part in such activities. Those eventually charged with child pornography possession often never suspect that they are being watched by the FBI.

The FBI dedicates such resources because it perceives child pornography to be a huge problem. For example, Tor is an anonymous Internet network on the dark web. Just one website on Tor hosted 1.3 million images of minors being subjected to violent sexual abuse, according to the FBI. In addition, an FBI investigation of one website on Tor had about 200,000 registered users, and 100,000 people had used the website over the course of the 12 days studied.

Continue Reading ››

Thirty Years Ago: First Major Internet Attack

 Posted on November 23, 2018 in Computer Crime

On November 2, 1988, a cyber worm was disseminated on the Internet from a computer at the Massachusetts Institute of Technology. Thirty years ago, the Internet was a different place; there were only 60,000 computers online, most of them at prestigious colleges and universities or research centers. Of those, 6,000 computers were infected over the course of 24 hours. The worm hit computers running a certain version of the Unix operating system. Infected computers began to run very slowly with many vital functions delayed for days. It was hard to ascertain the amount of monetary damages caused. Estimates ranged from $100,000 to millions of dollars. Who was behind this first-of-its-kind attack? A 23-year-old programmer named Robert Tappan Morris from Cornell. Morris hacked into the MIT computer system from Cornell to cover his tracks. Morris maintained that the worm was more of a test and that he surprised himself at how quickly it spread. He tried to issue a statement through a friend with details on how to remove the worm, but ironically, the message could not be disseminated due to the slowness of the Internet for those affected. Federal prosecutors charged Morris with the 1986 Computer Fraud and Abuse Act, and he was the first person found guilty under the law. Morris did not have to go to jail. Instead, he was sentenced to probation, a fine and 400 hours of community service. It is said that the Morris Worm has served as inspiration for generations of computer hackers. Indeed, the weaponization of the internet has become more sophisticated over the last 30 years. As hackers’ attacks have become more potent and the number of Internet users has skyrocketed, the federal government has because more involved in catching hackers and charging them with crimes.

Contact a Chicago, IL Internet Crimes Defense Lawyer

Continue Reading ››