Federal Mail Fraud Laws

New Orleans Federal Criminal Attorney 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 to apply to the other. The two terms have been used interchangeably in this article. The federal statute for mail fraud is found at 18 USC § 1342. The two elements of Mail Fraud are (1) having devised or intending to devise a scheme to defraud (or to [...]

By |2020-02-09T02:12:42+00:00February 6th, 2020|Categories: Crimes Defined, Federal Crimes|Tags: , |

What To Do After Receiving A Federal Indictment

  What is a Federal 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 a side note, a Bill of Information is a written statement signed by a prosecutor that is filed with the clerk of court when charging an individual of a crime. Usually, an indictment is issued after a grand jury convenes and determines that there is probable cause to believe that the person named in [...]

By |2020-01-07T23:25:56+00:00January 6th, 2020|Categories: Federal Crimes|Tags: , |

DEA: Definition of Controlled Substance Schedules

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 a currently accepted medical use in treatment in the United States and its relative abuse potential and likelihood of causing dependence. Some examples of controlled substances in each schedule are outlined below. Schedule I Controlled Substances Substances in this schedule have a high potential for [...]

New ‘violent felony’ ruling from SCOTUS may provide sentence relief

  Welch vs. United States: Supreme Court Holds that Johnson vs. United States is Retroactive A recent U.S. Supreme Court ruling may make it possible for some convicted felons who were later sent to prison for possessing a firearm to obtain relief from their sentences. The issues surrounding the Court’s new attitude toward firearm-possession rules are complicated. Put simply, United States law prohibits convicted felons from possessing a firearm. The maximum sentence for a felon convicted under this statute is 10 years, but the sentence is enhanced to a minimum of 15 years and a maximum of life imprisonment if [...]

Overview of the Federal Sentencing Guidelines

  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. The commission also advises the other branches of government on criminal policy matters and collects and analyzes crime and sentencing data.   How the Federal Sentencing Guidelines Work The federal sentencing guidelines take into account both the seriousness of the offense and the offender's criminal [...]

By |2015-10-16T00:54:11+00:00October 14th, 2015|Categories: Federal Crimes, Sentencing|Tags: , |

U.S. Sentencing Commission 2014 Overview of Federal Criminal Cases

  Sentencing Commission Overview of Federal Criminal Cases Fiscal Year 2014 The Sentencing Commission has published an overview of the 75,998 federal criminal cases in which the offender was sentenced in fiscal year 2014. Among these cases, 75,836 involved an individual offender and 162 involved a corporation/“organizational” offender. In fiscal year 2014:   24,011 drug cases were reported to the Commission, accounting for 31.7 percent of all cases. Most of these cases involved drug trafficking offenses.   There were 22,238 immigration cases, accounting for 29.3 percent of the total federal caseload.   There were 7,925 firearms cases reported to the [...]

By |2015-09-25T16:32:09+00:00September 25th, 2015|Categories: Federal Crimes, Sentencing|Tags: , |

Bankruptcy Fraud: An Overview

  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 regional U.S. Trustee Offices nationwide and an Executive Office for U.S. Trustees (EOUST) in Washington, DC. The laws pertaining to bankruptcy fraud are broad but can be boiled down to a few categories: people who have lied under oath or provided false documentation during their [...]

Federal Carjacking Laws

  Carjacking Crimes -- Federal Law The statute for federal carjacking is found at 18 U.S.C.A. § 2119. Under federal law, carjacking is the taking of a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, commits an offense. The offender must have the intent to cause death or serious bodily injury. . The interstate commerce connection is established by the movement of the vehicle in interstate or foreign commerce. To establish a nexus with interstate commerce it [...]

Medicare Fraud and Abuse

  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 at a level of complexity higher than the service actually provided. Knowingly soliciting, paying, and/or accepting remuneration to induce or reward referrals for items or services reimbursed by Federal health care programs; or Making prohibited referrals for certain designated health services. One does not have [...]

Making Threats Against the President of the United States

  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, or to inflict bodily harm upon the President of the United States. This offense also includes threats against the President-elect, the Vice President, Vice-President-elect or another officer next in the order of succession to the office of President of the United States, Penalty Anyone found [...]

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