18 USC 371

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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Accountability for acts of another during conspiracy

December 8, 2010
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In a federal prosecution for conspiracy, the defendant is typically charged with two offenses. First, he is charged with conspiracy. Second, he is charged with the offense that he and his co-conspirators were conspiring to commit. This is known as the object of the conspiracy. For instance, a person charged in connection with a drug [...]

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The statute of limitations defense for federal crimes

December 5, 2010
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A criminal charge is like a civil lawsuit in one respect, the time limit for filing against the defendant. The federal statute of limitations that applies to criminal charges says that once 5 years has passed from the commission of the offense, the federal government is barred from filing charges. The federal statute of limitations [...]

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Conspiracy to defraud the United States: elements and sentencing

December 4, 2010
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The federal conspiracy statute is Title 18, United States Code, Section 371. Conspiracy is the agreement to commit a criminal offense. A conspiracy charge has penalties in addition to those for the offense that was agreed upon. The federal statute establishes two types of conspiracies: Conspiracies based on an agreement to commit a federal offense; [...]

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Summary of federal criminal charges relating to bankruptcy

November 28, 2010
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Bankruptcy is subject to the exclusive jurisdiction of federal courts. A person cannot declare bankruptcy in state court. Federal law controls the procedure for filing bankruptcy, disclosing assets and liabilities, and reorganizing or discharging debts. During the course of a bankruptcy, certain misconduct can constitute a criminal offense. For example, hiding assets, signing a false [...]

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Federal law prohibiting instructions for making or using bombs

November 26, 2010
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Federal law criminalizes any information that teaches how to make a bomb where the intent is for the information to be used to commit a federal violent crime. Despite the First Amendment to the Constitution protecting freedom of speech, it is a criminal offense to distribute this information if there is criminal intent. The federal [...]

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Overview of federal computer crimes

November 4, 2010
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The federal government can prosecute computer crimes through a variety of statutes. The United States Code has specific statutes that penalize the use of a computer as it relates to certain conduct such as copyright infringement and wire fraud, and a general statute that can be used to prosecute all computer crime. Copyright infringement is [...]

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Proof of an agreement is necessary for conspiracy charges

November 1, 2010
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Most conspiracy cases are charged under the general conspiracy statute from Title 18, Section 371 of the United States Code. In a conspiracy case, the prosecution must prove all of the following elements beyond a reasonable doubt in order for the jury to find the defendant guilty: An agreement. An unlawful object (ie, a criminal [...]

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A summary of federal conspiracy crimes

October 30, 2010
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Conspiracy is an offense that is charged in combination with another. When a person commits a criminal offense together with another person or group, the agreement among them to commit the crime is a conspiracy and its own offense. For example, distribution or possession with intent to distribute a controlled substance under Title 21, United [...]

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