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What Is Tax Identity Theft and What Are the Repercussions?
Under the federal crime umbrella, tax-related crimes that involve stealing someone’s identity are taken very seriously, just like every other form of identity theft. Anytime someone knowingly, willingly collects someone’s personal information, such as a name and social security number, to gain or conceal profit, they are committing a federal crime and are subject to severe penalties.
What Is the Purpose Behind Tax-Related Identity Theft?
While the concept behind stealing someone’s personal information is the same for all forms of identity theft, the purpose behind tax-related identity theft differs. Social security numbers are extremely valuable pieces of personal identification. Criminals use them to open up new credit card accounts, manipulate healthcare policies and a variety of other insurance policies, and to access all kinds of funds that do not belong to them. When a social security number is used for tax-related theft purposes, the goal behind the crime is usually to steal a tax refund or obtain a job of some sort.
Statutory Rape: Illinois Age of Consent
Most of us had Shakespeare’s Romeo and Juliet on our reading list in high school. The storyline is about two children that fall in love. Their families are bitter enemies, creating a forbidden love scenario, and the two turn to drastic measures to run away together. Unfortunately, due to a breakdown in communication, both reach their tragic demise. How does this have anything to do with statutory rape laws? "Romeo and Juliet" laws are named after these two iconic teens and determine if sexual intercourse between two consenting individuals are legal or illegal.
Explanation of Statutory Rape
Statutory rape varies from forcible rape and other forms of coerced intercourse in that should both parties have been over the age of consent, the behavior would have been legal. Both individuals are generally in a romantic relationship and are fully consenting to each other. However, federal law prohibits any sexual act with anyone between the ages of 12 and 16 if the age gap is four years or more, regardless of consent. Each state determines its own recourse for these situations. Illinois regulations surrounding statutory rape include:
What You Should Know about the Federal Criminal Appeal Process
If you were found guilty of a federal crime although you were innocent, it might not be your fault. All too often unjustly accused citizens are carted off to prison due to a lack of a convincing attorney. Many find out too late that assigned public defenders are not the best option as many of them are overworked, preventing the one-on-one experience as well as the in-depth investigation necessary to build a credible defense case. You may be eligible for an appeal of the decision. To do so, you will require someone who is available to give you their utmost attention and build an aggressive and persuasive argument on your behalf. The federal criminal appeals process is confusing and daunting to those unfamiliar with the process; therefore it is vital to find an attorney who specializes in federal criminal law.
This Is Not A Retrial
Your attorney presented all of the evidence available to the judge within the presence of court reporters, witnesses, and a jury. The appellate court is vastly different. New evidence is inadmissible at this point, and the entire process is through the transferring of a series of forms, files, and existing evidence. In this “courtroom,” the legality of the original decision is under contestation. Both sides of the argument file briefs to the appellate judge both raising concerns and responding to concerns of legal errors that occurred in the original hearing.
Common Methods Used to Commit Health Care Fraud
There is an abundance of white collar crimes that authorities must deal with on a daily basis, from embezzlement and money laundering to mortgage fraud and classic cases of identity theft. All these crimes wreak havoc on the victims and businesses they affect, and the results are often devastating for everyone involved. Health care fraud is uniquely troubling in the sense that it can be a very personal yet impersonal crime, with repercussions that are far-reaching and difficult to repair.
The Healthcare System as a Platform for Fraud
With the overwhelming pool of money involved in the healthcare industry, it comes as no surprise that criminals often take advantage of the system and tamper with healthcare policies in order to achieve financial gain. It is easy to see how the appeal of these opportunities draws criminal offenders to prey on unsuspecting victims in the industry, as the business itself is a prime platform for fraudulent activity. These activities come with serious cost, however. All forms of health care fraud are taken very seriously by the Federal Bureau of Investigation (FBI) and are considered federal crimes, which translate to severe consequences for an offender’s record and reputation.
Identity Theft Acts that Trigger Criminal Charges
While the federal white collar crime known as identity theft is nothing new, statistics continue to illuminate the fact that identity fraud is an ever-growing problem across the nation, and across the globe. According to the FBI, the actual number of identity theft crimes committed every day is believed to be much higher than the publicly reported statistics we hear about.
The Federal Trade Commission reports that between the years 2010 and 2015 alone, identity theft complaints nearly doubled. The nature of these crimes can vary greatly, however, and law enforcement agencies often report the cases differently. This can make it difficult to consistently and accurately report every case for statistical purposes, so we often only hear about a fraction of the true number of identity theft cases that take place each year. For example, some identity theft crimes involve credit card fraud, while others involve mail theft or a combination of these types of fraud.
Child Pornography Charges: What Happens on Your Computer Is Not Private
Child pornography is a taboo topic across the United States. While it is important to protect our children, it is also important to protect and defend the rights of the American people. All too often, unsuspecting individuals become engaged with situations that can get them into a heap of legal trouble. We see stories popping up all over social media and the news that so-and-so paid untold amounts of money in fines and jail time for their child pornography case. One starts to question how all of these people are getting caught by the police? What happens on your computer should stay there. However, this right diminishes at an alarming rate.
How Law Enforcement Obtains Evidence
Law enforcement is becoming increasingly more forceful and deceitful in their tactics to gather information. Someone who has no inclination they are under surveillance may end up with a rude awakening when officers appear at the front door, claiming to have evidence of illegal activity. Some methodologies utilized in apprehending suspects include:
Conspiracy at a Federal Level
Conspiracy is a topic that on which films and television shows are created. Thousands of novels fly off the shelf annually with titles related to dramatic conspiratorial plotlines. The word in and of itself sounds intriguing, but what exactly does it mean? The term in itself encompasses a wide variety of behaviors, requiring further explanation. Conspiracy is a charge discussed at a federal level and is rarely considered an offense at the lower state level, which means that it has substantial penalties should a conviction occur. Let us clarify a few of the details.
What Is Conspiracy?
A conspiracy occurs anytime two or more individuals put their heads together and agree to commit a crime and for one of those individuals to act in a way to further this plan. Prosecutors enjoy attempt conspiracy charges because the spectrum of behavior is comparably broad and the burden of proof is lesser than other crimes. A jury must believe that the defendant merely knew about the plan for the offense to declare the defendant guilty, rather than needing evidence that a comprehensive agreement occurred.
Prison or Probation in 2017?
Effective January 1, 2017, judges in Illinois now must explain, on the record, why they handed down a prison sentence for a crime that also carries a punishment of probation when imposing sentences on two classifications of felonies. This change in Illinois law now forces judges to clarify reasons when they could previously have been silent. It also makes judges explain why none of the mitigating factors swayed he or she from imposing a prison sentence instead of a less restrictive sentence.
The requirement of this new explanation at sentencing was aimed at encouraging judges across Illinois to become less reliant on imprisonment and more reliant on diversionary programs that may be more suitable for nonviolent offenders. Illinois law allows a judge’s discretion when imposing criminal sentences for various crimes. A judge may consider a wide array of factors when imposing a sentence, such as:
When a Defendant Dies
Unfortunately, we never know what life holds in store. Maybe life is 100 years long, and in other cases, the length of life is not as long as we hope. When life ends prematurely, we are often left to pick up the pieces. What happens if the decedent is part of a criminal trial? Does the case stop? Do prosecutors continue to drag the name through the mud during a trial? Who stands to represent the decedent? Although uncommon, defendants have passed away during a trial before, and it is useful to know what the procedure is in these instances.
With No Verdict
A criminal case needs someone to prosecute; otherwise, there is no case. Therefore, in the event of the death of the defendant during a trial or an investigation, the case drops against the recently deceased, if they are the sole defendant. The person must be alive to argue their side of the case. However, this is not the way anyone would like a case to end.
Internet Crime Center May Be Targeting Wrong Individuals
Internet crime is beyond a doubt troublesome for not only the ordinary individual but also impacts national security. While the majority of citizens utilize the world wide web to complete daily activities, such as shopping, applying for jobs, listening to music or ordering tickets to a show, there is a portion of the population using the information for darker, or even criminal purposes. The Federal Bureau of Investigations (FBI) created the Internet Crime Complaint Center (IC3) to offer a safe avenue for the public to report internet crimes. However, when the public can initiate an investigation into other individuals, problems may occur.
What happens with the information?
The Internet Crime Complaint Center (IC3) has grown from the original entity of the Internet Fraud Center. The name changed due to a number of allegations flooding in, ranging anywhere between hacking to matters involving intellectual property rights. Just about anyone can make a complaint against someone else within the United States, regardless of their citizenship status. No evidentiary support is necessary at the time of the report, either, which means anyone with a personal vendetta can stir up trouble. After initiating a complaint, stopping the process is not an option, even if the initiator shows remorse and admits it is false. The IC3 analyzes the information provided then transfers it to the appropriate department who then proceed with the investigation. Agencies responsible for the case include:
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