What is a Federal Indictment? Our New Orleans Federal Criminal Defense Attorney explains indictment A federal indictment is a formal legal document that charges an individual with a federal felony. Federal misdemeanors do not require an indictment, therefore an individual may be charged with a federal misdemeanor via a Bill of Information. As [...]
New Orleans Federal Criminal Attorney Discusses Mail Fraud The mail and wire fraud statutes are essentially the same, except for the method associated with the offense – the mail in the case of mail fraud and wire communication in the case of wire fraud. As a consequence, the interpretation of one is ordinarily considered [...]
Explanation of DEA Controlled Substance Schedules The drugs and other substances that are considered controlled substances under the Controlled Substance Act (CSA) are divided into five schedules. A listing of the substances and their schedules is found in the DEA regulations. A controlled substance is placed in its respective schedule based on whether it has [...]
What are the Federal Sentencing Guidelines? The federal sentencing guidelines are rules that federal judges are required to consider when sentencing someone who has been convicted of a crime. These guidelines are written by the U.S. Sentencing Commission, an independent government agency that is part of the judicial branch of the federal government. [...]
Federal Bankruptcy Fraud Bankruptcy fraud is a federal criminal offense. These cases are investigated by the United States Trustee Program, which is a component of the Department of Justice responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. §586 and 11 U.S.C. §101, et seq. It consists of 21 [...]
Medicare Fraud and Abuse New Orleans Attorney Medicare fraud is typically characterized by: Knowingly submitting false statements or making misrepresentations of fact in order to obtain a federal health care payment for which no entitlement would otherwise exist; Billing for services not rendered or supplies not furnished, including falsifying records. Knowingly billing for services [...]
Threats against President and Vice President 18 U.S. Code § 871 Under federal law, it is a crime to knowingly and willfully threaten the President of the United States. This includes the following acts: Sending, mailing any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, [...]
FACTS, LIES and VIDEOTAPED INTERROGATIONS The Justice Department recently said that the F.B.I. and other federal law enforcement agencies are encouraged to videotape interviews with suspects in most instances. This new policy does not apply in cases where agents need urgent national security-related information that could expose sources or methods or where the interviewed subject [...]
Federal Trafficking Penalties for Schedule II Cocaine FOR: Schedule II Cocaine -- 500-4999 grams mixture Or Schedule II Cocaine Base -- 28-279 grams mixture First Offense: Not less than 5 yrs. and not more than [...]