RICO

Civil RICO actions: victims are compensated regardless of outcome of prosecution

February 14, 2011
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The Racketeer Influenced and Corrupt Organizations Act (RICO) is a powerful weapon in the arsenal of federal prosecutors. The statute is often used to prosecute organized crime. Racketeering, basically, is engaging in criminal activity for the purpose of financial gain. A textbook example of RICO would be using violence to collect an unlawful debt (such [...]

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A summary of federal wire fraud

February 9, 2011

The federal statute on wire fraud is Title 18, United States Code, Section 1343. Congress passed the wire fraud statute in 1952 as part of the Communications Act Amendment. The law against mail fraud was already on the books at that point, but Congress wanted to extend the mail fraud provisions to cover new technology. [...]

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An overview of federal money laundering statutes

February 6, 2011
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The United States government keeps close watch on financial activity both for tax collection purposes and also for law enforcement. Tracking the flow of cash through small businesses has proven to be a useful tool for federal agents investigating large scale criminal organizations. Money laundering, generally, is the practice of using a business to conceal [...]

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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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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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Federal court jurisdiction over criminal conduct

December 2, 2010
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Many people believe that crossing state lines is what determines whether conduct can result in federal criminal charges. However, the issue of federal jurisdiction is more complicated than that. Activity that occurs in one state can be subject to federal prosecution. Understanding federal criminal jurisdiction requires a look back at history. The United States is [...]

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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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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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