This is the next article in my series on the handling of white collar crime charges in our area of Illinois. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been charged with a crime. It is important that you speak with counsel so that they may immediately begin to build a defense on your behalf. In this article, I will be discussing charges brought by the US Department of Justice in Federal Court. If you or a loved one are in need of assistance, then contact my office today to speak with a Peoria lawyer.
Illinois federal charges for white collar offenses can carry lengthy prison sentences
When an individual faces federal charges in the Central District of Illinois, then they are being charged by the US government and not by the state. It is important to understand that the federal government has its own system of laws and procedures that, in many ways, differ from those of our state. Common examples of “white collar” offenses which may be charged can include:
- Defrauding individuals by mail or wire
- Engaging in money laundering
- Embezzling funds
- Insider trading or other securities violations
- Evading federal income taxes or otherwise defrauding the IRS
- Defrauding a bank or lender
- “Cyber crimes” such as hacking or online information theft
Such matters typically begin when the prosecution gains an Indictment from a Grand Jury. A defendant will attend an arraignment and enter a plea of “guilty” or “not guilty.” The Court will make a decision as to whether bail should be required or the individual should be released, pending trial, on their own recognizance. The prosecution will also provide the defense with discovery, which must be disclosed pursuant to Brady v. Maryland. A trial date will be set and, if an agreement is not reached between the two sides, the case will proceed.
While no two cases are the same, there are certain defense issues which may arise in white collar offenses. If the prosecution is relying upon information which was obtained from the defendant’s phone, computer, or personal papers, then it is likely that a search warrant was needed. If the information was obtained without a warrant, then it may be possible to exclude it from evidence. If the prosecution cannot prove their case without this information then such an exclusion may result in a dismissal of the charges. Additionally, the prosecution must be able to prove the element of criminal intent beyond a reasonable doubt. If, for example, one is charged with tax evasion, but there is doubt as to whether they believed they were acting in a permissible manner to minimize their taxes, then a jury may return an acquittal. The scope and breadth of all possible defenses is too broad for this article. It is important, however, to understand that there may be issues in the case which an experienced attorney can spot.
Individuals who are convicted may face a lengthy prison sentence. Whether one is sentenced to prison, and the potential length of an incarceration term, will be determined by the nature of the charges and the amounts involved. If one is convicted, then they will be subject to the federal sentencing guidelines. As I have discussed previously, these guidelines spell out a mathematical formula, which Federal Judges often follow when issuing a sentence. While these guidelines are considered “advisory,” one should note that Judges typically follow them unless they see good reason to deviate from them in sentencing. Having an attorney who is familiar with the federal system is a step towards making sure your case is handled correctly.
Contact a white collar crime attorney for Illinois federal charges in Peoria or Urbana
When one is selecting counsel for their case, it should be understood that not all attorneys are licensed to practice in Federal Court. Even fewer do so on a regular basis. This means that one should select an attorney who is well-versed in the federal criminal code, the federal rules of evidence, as well as the local rules of the Court. This helps to ensure that relevant evidence is allowed in proceedings, that improper evidence is excluded, and that all deadlines are met. I am a white collar crime lawyer who is licensed to practice in Federal Court. I assist with charges in both Peoria and Urbana. If you have been charged with a crime then contact my office online or by telephone today to schedule an initial consultation. I look forward to speaking with you.