This is the next article in my series on cases which involve federal charges in the Central District of Illinois. My last article discussed dealing with federal drug charges. It may be possible to gain a dismissal of such charges if law enforcement found the narcotics due to a violation of the Fourth Amendment. Whether such a violation occurred is a question that involves complicated questions of law and it is important to have an experienced attorney assisting you. In this article, I will be discussing financial crimes and fraud-related matters that may be charged by the US government. If you are charged in either Peoria or Urbana then contact my office today to speak with a federal criminal defense lawyer.
Federal financial or fraud charges can arise in a number of ways. Situations which involve transactions that cross state lines will often be charged by the federal government. Also, charges may stem from acts which use federally regulated communication channels such as the US mail or the internet. Additionally, defrauding the recipients of federal programs, such as Social Security, or defrauding a federal agency will likely result in federal charges. The types of charges which can flow from these types of conduct are too numerous to list in this article. It should not come as a surprise, however, that many defendants are often shocked when they learn that they are being charged by the US government.
Arrests for these types of offenses typically occur after police or the FBI have conducted an investigation. Law enforcement will often arrive at the location where they believe the acts are occurring and will execute a search warrant in addition to arresting the accused individual(s). The warrant will typically allow law enforcement to seize computers, cell phones, paper records, and other items. Moreover, the government will typically acquire phone and internet records through the carrier companies. Once an individual has been arrested, they will appear in Court. The Judge will accept an initial plea of guilty or not guilty and will determine whether the individual should be released on their own recognizance or whether bail should be required. If a not guilty plea is entered, then a trial date will be set.
There are a number of issues which may arise in these types of cases. As with drug charges, search and seizure issues may lead to the exclusion of information obtained from computers or cell phones. Also, the prosecution will have the burden of establishing the fraud actually occurred and that the defendant is the one who perpetrated the act. Additionally, the amounts involved may be a matter of dispute if the taken items are something other than money – if the value of what was taken is subjective, then the jury would be responsible for determining how much damage actually occurred. This determination can be relevant to any eventual sentencing.
The handling of financial crimes or fraud is complex. The retaining of expert witnesses may be necessary. It is important to have counsel who is able to handle such matters. I am a federal criminal defense lawyer who is licensed in the Central District of Illinois. I handle matters in both Peoria and Urbana. If you have been charged then contact my office online or by telephone for an initial appointment.