Conspiracy

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 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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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 offenses involving aircraft

November 19, 2010
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Criminal offenses committed aboard an aircraft are subject to the jurisdiction of federal courts. While some states may have statutes that criminalize conduct relating to airplanes, almost all crimes committed aboard or against an airplane are prosecuted under federal law. The federal statutes that govern criminal offenses on aircraft are found at Title 49, Chapter [...]

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Early release from federal prison for completing substance abuse treatment

November 11, 2010
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A person serving a sentence in the Bureau of Prisons typically serves 85 percent of the sentence imposed by the United States District Court. However, federal law provides a means of early release for some prisoners. A person may be eligible for early release from federal prison after completing drug abuse treatment pursuant to Title [...]

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