Federal law on obstructing justice: a summary

January 12, 2011
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Obstruction of justice is a felony under federal law. While obstruction of justice is often charged as a state law offense, the matter becomes a federal charge where it involves a federal court proceeding or the federal government. The federal statutes criminalizing obstruction of justice are found in Title 18, United States Code, Chapter 73. [...]

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Liability of corporate agents for crimes committed by the corporation

January 7, 2011
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Federal law punishes crimes committed by individuals as well as corporations. The fact that a federal offense was committed by a person acting in his capacity as a corporate agent does not generally protect that person from liability. An individual person can be held responsible for crimes committed even though their purpose was to serve [...]

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A summary of securities fraud

December 27, 2010
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A federal case for securities fraud typically begins with an investigation by the Securities and Exchange Commission (SEC). The SEC is responsible for regulating financial markets through the enforcement of two federal acts: Securities Act of 1933. This act requires generally that all securities offered for sale must be registered. The seller must provide registration [...]

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Federal law on possession of a controlled substance

December 22, 2010
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Possession of a controlled substance is a federal criminal offense under Title 21, United States Code, Section 844. Although most controlled substance offenses are prosecuted under state law, possession can become a federal charge in many circumstances. For example, it is a federal offense where either the defendant or the drug crossed state lines, or [...]

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Truth and falsity in prosecutions for 18 USC 1001

December 18, 2010
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A prosecution for making a false statement to the federal government is based on Title 18, United States Code, Section 1001. Perhaps the most important question in false statement prosecutions is whether the United States Attorney can prove two issues: The statement was false. The defendant knew the statement was false when he made it. [...]

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False statement charges for denying involvement in a crime

December 17, 2010
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Making a false statement to the United States government is a criminal offense. Lying to a federal agent can be grounds for prosecution under Title 18, United States Code, Section 1001. It is a common mistake to deny involvement in a criminal offense during an interview with a federal agent. Making a false claim of [...]

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Federal sentencing guidelines for possession of firearm with prior felony convictions

December 16, 2010
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In prosecutions for possession of a firearm by a convicted felon, the United States Attorney may seek a sentence based on the defendant’s Armed Career Criminal status. When this occurs, sentencing is severe. The offense of possession of a firearm by a felon is established by Title 18, United States Code, Section 922(g)(1). The statute [...]

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Possession of a firearm by convicted felon: federal offense

December 15, 2010
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A charge in federal court for possessing  a firearm as a convicted felon carries extremely severe penalties. It does not matter that the firearm was unloaded. Nor does it matter that the weapon was never discharged. In fact, the firearm itself may not be operable. Nonetheless, a person can be found guilty of this crime [...]

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Mail fraud charges under federal law

December 11, 2010
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Of all the federal charges filed by the United States Attorney, probably the most frequently used charge in white collar criminal cases would be mail fraud. The mail fraud statute is Title 18, United States Code, Section 1341. The reason for its prevalence in white collar prosecutions is that it applies to almost any scheme [...]

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Probation under the federal sentencing guidelines

December 9, 2010
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The federal sentencing guidelines require a prison sentence in many circumstances. However, on occasion, the guidelines direct the court to sentence the defendant to a term of probation. In cases where probation is available, it is usually because the defendant has no prior convictions or criminal background, and the case was the defendant’s first arrest. [...]

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