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: , |

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 [...]

U.S. Sentencing Commission Weighs Lesser Penalties White Collar Crimes

  U.S. Sentencing Commission considers softer sentences for white collar crimes In the coming year the Feds will consider changes to sentencing guidelines for some white-collar crimes. The U.S. Sentencing Commission, which earlier this year reduced guideline ranges for nonviolent drug crimes, unanimously approved its latest set of items on the books. The top priority will be working with Congress on reducing mandatory minimum penalties for many white-collar crimes. Another goal will be measuring the fairness of sentences for fraud and other economic crimes. The legal panel had been reviewing data for several years, but plans to hear more from judges, [...]

Federal Drug Prisoners May Be Released Sooner

  It’s Time to Open these Gates! The U.S. Sentencing Commission (USSC) voted in favor of making new federal drug guideline sentence reductions retroactive.   Most of you know by now, our country is in the midst of an incarceration crisis.  Our great nation locks up more, per-capita, than any other nation.  Many of these inmates are victims of harsh sentencing initiatives resulting from the failed war on drugs. Last week, we received good news from Washington.  Nearly, 46,000 federal drug offenders (25% of BOP population) will be able to file a motion in court to have their sentence reduced by [...]

Facts, Lies and Videotaped Interrogations

  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 request to not be videoed.  This is one of the most significant changes in F.B.I. policy under James B. Comey, who took charge as the bureau’s director in September. Mr. Comey’s predecessor, Robert S. Mueller III, and senior bureau officials had once opposed the video [...]

Social Security Fraud — Federal Law

  Social Security Fraud -- 42 U.S.C. § 408 Social Security Fraud is the result of deliberate deception, and arises when an applicant falsifies a document or record offered as proof of disability, or misrepresents material facts on an application for benefits. Fraud can also be the result of omission when a beneficiary fails to report a change in circumstance, such as marriage, a new source of income, incarceration, removal from custodial care, or failure to report the death of a parent or spouse, while continuing to spend checks or direct deposits. List of examples of violations that could result [...]

Bank Fraud — Federal Law

  New Orleans Federal Defense Attorney   This past week, a former LSU football player pled guilty to Bank Fraud in the US Court for the Eastern District of Louisiana.  Lucky for him, Robert Packnett avoided jail time and was sentenced to 5 years federal probation.  He was also ordered to pay approximately $233,000 in restitution.  His indictment to Bank Fraud arose from the practice of Mortgage Fraud.  According to the indictment, between 2011 and 2012 he submitted doctored documents to First NBC Bank overstating his income. He also applied for at least six mortgages, refinanced mortgages and commercial lines of [...]

By |2013-11-17T06:53:11+00:00November 17th, 2013|Categories: Criminal Statutes|Tags: , |
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