This is the next article in my series on non-violent charges brought by the US Department of Justice in our part of Illinois. My last article discussed handling federal white collar crimes in the Central District of Illinois. It is important to understand that such charges can carry lengthy prison sentences even though they are non-violent in nature. These types of cases can involve highly complicated issues and it can be important to have an experienced criminal defense attorney. In this article, I will be discussing the handling of charges involving fraud or theft. If you have been charged in Peoria or Urbana then contact my office today to speak with a lawyer.
Federal fraud or theft charges typically cross state lines or utilize federally regulated communications
There are a number of situations which can result in one being charged with some form of fraud or theft in Federal Court. Examples of such charges can include:
- Physically taking federal property or embezzling federal funds
- Selling stolen goods across state lines
- Identity theft or identity fraud
- Banking or financial crimes
- Defrauding federal programs, such as social security, or the recipients of those programs
- Running a fraudulent scam through the US mail
- Illegal copying and selling of trademarked or copyrighted items
- Financial crimes committed over the internet
This is by no means an exhaustive list. It simply serves as an example of the types of charges which are often brought by the Department of Justice.
A common issue which often arises in these types of matters is whether evidence was obtained in violation of the Fourth or Fifth Amendments. Law enforcement typically must obtain a warrant before searching one’s smartphone, computers, other electronic devices, or residence. There are instances, however, where the police retrieve evidence without obtaining the requisite warrant. When this occurs, it may be possible to exclude the evidence from Court proceedings. Depending on the facts of the case, this may lead to a dismissal of the charges if there is no other evidence sufficient to gain a conviction.
Consider the following example. Joe is believed to bootleg digital movie files. The FBI arrives and has a warrant to search his home. They seize all computers and other electronic information from the residence. The warrant does not, however, apply to an office which Joe rents at a separate location. Upon learning of the office, law enforcement goes to the locations and takes several servers which are stored there. They then access the video from the servers. Under this scenario, given that there was no warrant to search the office or the servers, the files would possibly be inadmissible. If this is the only evidence tying Joe to the sale of the files, then the charges may be dismissed. It must be remembered, however, that the specific facts of a case will always determine the outcome.
Federal prosecutors must establish that a defendant actually committed the crime
Not all cases hinge on the types of search and seizure issues described above. It is important to remember that the prosecution always has the burden of proof in establishing, beyond a reasonable doubt, that the individual committed the offense. In many white collar cases, this can involve going through complicated evidence trails, and the use of expert witnesses may be necessary. If the offense cannot be tied to the defendant, then an acquittal may be possible. Also, the greater one’s ability to challenge the prosecution, the more likely the prosecutors will often be to offer a favorable resolution if an acquittal is not possible. How to best proceed in any situation is something that can be determined by a lawyer.
If you have been charged with fraud or another white collar crime, then contact my office to speak with a federal criminal defense attorney. I have devoted much of my career to protecting the rights of the accused and I believe that everyone is entitled to vigorous representation. I understand that this is an important time in your life. We will give your matter the attention it needs and deserves. I look forward to speaking with you. We are able to handle cases in the Central District of Illinois in both Peoria and Urbana.