To some degree, that is exactly what federal investigators count on happening. Quite a few people who are subject to federal investigations end up facing criminal charges. However, the accusations against them may not necessarily relate to the nature of the investigation but rather their behavior during the investigation. The mistakes that someone makes when communicating with federal investigators could give the government a reason to prosecute them.

Even minor lies are grounds for charges

Bending the truth or denying personal involvement are common tactics for those accused of wrongdoing. Denying misconduct in a casual conversation isn’t necessarily reason for worry, but the same conduct during federal investigations could lead to criminal prosecution.

Federal investigators have a tendency to ask very precise and detailed questions. They only sit down to talk with suspects or potential witnesses after gathering quite a bit of evidence. At that point, investigators know exactly what they need to look for and what questions they need to ask.

People who lie about their involvement, misrepresent their behavior or claim they are unaware of facts they clearly know could put themselves at risk of criminal charges. Any lie to a federal investigator is potentially an adequate reason to charge someone with a federal offense.

Lying to investigators is often the only charge that the government can successfully bring after a lengthy investigation. People who panic and handle themselves poorly during conversations with law enforcement professionals might unwittingly create the very circumstances that lead to their prosecution.

Defendants can have assistance

A defense attorney familiar with federal regulations doesn’t just help someone in the courtroom. They can also potentially help keep someone out of federal court.

Individuals who have lawyers present with them during federal questioning can often avoid the mistakes that other people make. An attorney can help someone handle leading or manipulative questions in a way that diminishes the risk of prosecution in the future.

Federal criminal charges can be even more concerning than state charges because of mandatory minimum sentences and the risk of a federal criminal record. Understanding the mistakes that could impact someone’s chance of a defense could benefit those facing a federal criminal investigation.

Not all crimes are the same and we all know that. What differentiates certain crimes from others is the following:

• Severity of the crime
• Punishment if convicted
• Long-term effects of the conviction
• Legal process of prosecution
• Statute of Limitations

People make mistakes and no one is perfect, but staying on the right side of the law is always in your best interest.

If you get into trouble with the law, however, you need representation from an attorney who can advocate for you. They will guide you through the process and explain how the law works.

Simple words, big difference

However, even before that, it is crucial to have a basic understanding of certain concepts. Felonies are much more serious than misdemeanors, for example, and they often result in harsher penalties, while misdemeanors are less serious offenses with less severe consequences.

Examples of felonies include:

• Murder
• Robbery
• Burglary
• Drug trafficking

Examples of misdemeanors include:

• Shoplifting
• Vandalism
• Trespassing
• Disorderly conduct

Reading through the list gives you a clear picture of the differences between the two. Given that they are so different, felonies and misdemeanors differ in many other ways, like, for example, the legal proceedings and the long-term effects of a conviction.

You deserve advocacy

In a perfect world, no one would commit crimes. However, good people who need legal assistance commit millions of crimes every day in the United States.

Understanding the law, whether you should fight your charges, whether you have defenses and what rights you have are all critical and important for you to know.

For information specific to a crime, an attorney with criminal law experience can assist you further and ensure you understand the entire picture.

So, what are some common federal crimes that many people don’t realize are tried at the federal level? Let’s break them down in simple terms.

Drug Trafficking

Selling or distributing illegal drugs like cocaine, heroin, or methamphetamine can lead to federal charges. Even if you’re just caught with a small amount, you could end up facing serious consequences under federal law.

Identity Theft

Ever heard of someone stealing someone else’s personal information, like their credit card number or social security number, to commit fraud? That’s called identity theft, and it’s a federal crime. Messing with people’s personal information can land you in hot water with the feds.

Bank Robbery

Yup, just like in the movies! Due to federal laws protecting banks, robbing one is a federal offense. Even attempting to rob a bank can get you into major trouble with federal authorities.

Counterfeiting

Making fake money or other counterfeit goods is a big no-no at the federal level. If you’re caught making or using fake money, you could be facing federal charges.

Cybercrimes

Hacking into computer systems, spreading viruses or committing fraud online are all considered federal crimes. The federal government takes cybercrimes very seriously because they affect so much of our daily lives these days.

Federal crimes are serious

Now, you might be thinking, “Why should I care about federal crimes? Can’t I just avoid breaking the law altogether?” And that’s a great question! The truth is, sometimes people find themselves in tricky situations without even realizing it.

Maybe you’re hanging out with the wrong crowd, or you make a bad decision in the heat of the moment. But here’s the thing: getting involved in federal crimes can have serious consequences that can follow you for the rest of your life.

• If you’re convicted of a federal crime, you could face hefty fines, years behind bars in federal prison, and a permanent criminal record.
• That record could make it tough to find a job, go to college, or even rent an apartment. Plus, federal crimes often come with stricter penalties than state crimes, so you could end up with a much longer sentence.

So, what’s the takeaway here? It’s simple: know the law, stay out of trouble, and think twice before making any decisions that could land you in hot water with the feds.

Your future is too important to risk over a momentary lapse in judgment.

Money laundering can lead to more financially stable and successful criminal enterprises which can become increasingly dangerous for the public or can help obfuscate the parties funding terrorist activity. In recent years, there has been increasing concern about money laundering and its impact on both organized crime and terrorist events. As a result, the federal government has recently implemented new rules that will affect businesses with the intention of significantly reducing money laundering.

What is the new policy?

In 2021, legislators in the United States passed the Corporate Transparency Act. The Act received bipartisan support and was signed into law after passing both houses. The most important requirement of the Corporate Transparency Act will go into effect on January 1st, 2024. Every incorporated business and limited liability company (LLC) will now need to file a report with the Financial Crimes Enforcement Network (FinCEN) identifying both the beneficial owners who have an interest in the company and the individual who filed the incorporation paperwork for the organization.

Existing businesses will have a year from when the law goes into effect to put together that report. New businesses formed after the first day of 2024 will have 30 days to file the necessary documentation with FinCEN. The idea is that identifying each party with an ownership interest in an organization and the person who files the paperwork to form the business with the state will help the federal government track the relationship between different entities.

The disclosure requirements will also help identify organizations run by those with ties to terrorism or organized crime. Those who help start or have an ownership interest in numerous businesses may have their information disclosed to FinCEN by the organizations that they have funded or helped to start. They could very well then find themselves facing accusations of money laundering based on their involvement with those multiple companies and the transactions that they have conducted.

Remaining compliant with new laws and understanding what behaviors might trigger a money laundering investigation could benefit those who have invested in a business or intend to do so in the near future.

On the other hand, it’s against U.S. law. The Foreign Corrupt Practices Act of 1977 makes it a federal crime for a U.S. citizen to pay a foreign official in order to obtain business from any person. In other words, paying a bribe or kickback can lead to serious criminal charges in this country, even if the alleged payment took place abroad.

Required elements to prove bribery

Telling the difference between a legitimate foreign business tax or fee and an illegal bribe is not always simple. Here are the elements of bribery under federal law.

• The individual receiving the payment or benefit is some kind of “public official,” either an elected official or federal employee.
• A “thing of value” has been offered. This can be a tangible thing like cash or an intangible thing like power or support.
• An “official act” is involved that a bribe could influence, such as a decision to approve a license or a piece of pending legislation.
• The public official has the authority to commit the official act.
• The bribing party intends a particular result.

There must be a causal connection between the payment and the official act. Coincidental timing between the payment and the act is insufficient to prove that a bribe has occurred.

A business executive or owner accused of bribing a foreign official could face prison time, a massive fine, and potentially irreparable damage to their reputation. Your first move after learning you are under investigation should be to speak with a defense attorney who handles high-profile white-collar criminal matters.

Laundering is also used for white collar crimes and small-scale illegal activity. At these dollar amounts, it’s possible you’ll make a rare transaction or two over your lifetime that will raise a money laundering red flag. Here’s what you need to know.

How much money qualifies as money laundering?

There’s no concrete threshold where suspicious money movement suddenly qualifies as money laundering. The law targets intent instead of a dollar range.

That said, activities that will raise money laundering flags include bringing more than $10,000 in cash into the U.S., depositing more than $10,000 in cash into a bank account and spending more than $300,000 in cash in a real estate transaction. While some of these activities aren’t necessarily illegal, they will trigger a review.

Large cash transactions are less common, therefore more suspicious

Digital payments are almost universal in this era. Credit cards, automatic payments and cash apps account for the majority of small and large transactions. So, having thousands of dollars in cash stashed in your house is increasingly considered fishy behavior, no matter how it was acquired.

Cash is also vulnerable to theft and destruction. Cash thefts are incredibly difficult to track as there’s virtually no trail to follow. And recovering cash lost in a fire or other mishap through insurance is virtually impossible, unless it’s been documented somehow. Unless your circumstances make it unavoidable, it’s always best to keep minimal cash in the house or at your business.

Use caution with cryptocurrency

If you’re dealing in relatively small amounts of cryptocurrency for payments or investments, you likely won’t run into any trouble. But, due to its relative newness and potential for abuse, large cryptocurrency transactions can attract attention. Keep exhaustive documentation if you’re involved with such transactions.

What to do if you’re flagged

Most money laundering flags are false positives. Unless the cash transaction in question can’t be readily explained, you’ll likely never get into trouble for large transactions.

If for whatever reason you’re flagged and the review doesn’t immediately exonerate you, you should contact an attorney.

Crossing a state border

In general, each state handles the prosecution of drug possession or distribution within their own territory. However, when someone transports drugs across state borders, they could face charges for violation of the Controlled Substances Act. This is a federal statute that governs the penalties associated with each type of drug, and the quantity that the defendant had in their possession.

The severity of the penalty depends on the schedule (or category) that the drug fits into, as well as the quantity, and whether the prosecutor can prove that the defendant had the intent to distribute the drug or had it merely for personal use.

Possession of drugs on federal property

If a police officer or DEA agent arrests you for drug possession or distribution while you are on federal land, it’s likely that you will face federal charges. Federal land includes government buildings and national parks.

You could also face federal charges if you used federal services in the commission of the offense. A common example of this is using the United States Postal Service for the distribution of controlled substances.

In many cases, defendants with federal charges face the prospect of much more severe penalties than if they were in state court. Although it’s never easy to prepare yourself for a criminal trial, it can help to know the possibilities of the charges that you could have to defend against.

In white collar cases, there is often a violation of state and federal laws. It is possible that the charges with this type of crime could be tried in federal court, which means one potential penalty is incarceration in the federal prison system. In federal cases, the prison sentences are typically longer, and a convicted individual will have a reduced chance of early release. The stakes are significantly higher in white collar cases than most people realize.

White collar crimes typically involve some type of financial misdeed, such as tax fraud, money laundering or identity theft. These cases are complex, and it is quite difficult to build a strong case against a defendant and effectively prosecute him or her. Any Massachusetts individual under investigation for this type of criminal activity or facing charges will benefit from the experienced guidance of a knowledgeable defense attorney.

It is crucial not to underestimate the ways white collar crimes can impact one’s future. Working with an attorney who understands the nuances of applicable federal laws and the intricacies of the criminal justice system can be invaluable. A strong defense strategy gives a better chance of confronting the prosecution’s case and possibly mitigating the penalties associated with the alleged crime.

White collar crime is a term used to describe various types of activities that allow people to gain access to money, private information or assets that are not rightfully theirs. It includes activities such as fraud, embezzlement, identity theft, credit card fraud, money laundering computer crime and more. For a defendant facing these types of charges, a meaningful defense strategy is essential to fighting for future interests.

The experience of the defense attorney matters. When it comes to possibly avoiding jail time and other detrimental consequences, it is critical to work with a Massachusetts attorney who understands white collar criminal law. A legal professional can help develop a defense strategy that gives the defendant the best chance of a successful outcome.

Charges of white collar crime can affect a person’s reputation, ability to get a job, personal relationships and much more, especially if he or she is convicted. As soon as possible after the initiation of an investigation or after an arrest, it is prudent to seek experienced legal guidance. An assessment of the individual situation can reveal the best approach by which to fight for and preserve long-term interests.

Tax fraud is a federal offense, and the penalties can include expensive fines and time behind bars. If you are facing allegations of tax fraud, now is the time to move forward with building a strong defense strategy. You will find it beneficial to work with an individual who understands tax law and knows how to fight for your interests. There is a lot at stake for you, but you do not face the criminal justice system alone.

What is it?

Tax fraud happens when an individual or business entity intentionally fails to pay the full amount of taxes owed to the United States government. In most cases, this happens when there is falsification of tax return documents in order to reduce the amount owed. Tax fraud can include things such as false deductions, using a false Social Security number, underreporting income and claiming false deductions.

Is there a case against you?

Tax fraud cases can be complex and difficult to investigate. There may be a valid case against you if there is evidence of the following:

• You purposefully failed to file your tax return.
• You intentionally did not pay your tax debt.
• You prepared a false return and then filed it.
• You misrepresented your financial affairs to reduce what you owed in taxes.
• You did not report all of the income you received in a year.

There is a distinct difference between tax fraud and negligence or avoidance. It is possible the problems with your tax situation are the result of mistakes made with the preparation of your return, not intentional fraud. There are also loopholes in the tax laws that may provide a way for you to legally avoid paying some taxes.

Your defense starts now

It is imperative to seek defense counsel as soon as you learn of an investigation into your actions or there are formal charges filed against you. Your future is on the line, and it’s crucial to prepare to confront these allegations, even if you do not think you’ve done anything wrong. It may help to start with an assessment of your case and explanation of the options available to you for your defense.

Reports indicate that the 31-year-old man worked as a relationship manager for the bank. In that role, he allegedly stole money from a client’s account. Federal prosecutors believe that the man created a separate checking account without the client’s knowledge. He then allegedly transferred $1.5 million into the account.

Reports claim that the unauthorized transfers occurred between Sept. 2016 and July 2017. He was terminated from his position in Sept. 2018. He is accused of using the money to purchase luxury items and to pay off his personal credit card debts. The identity of the company that employed the man was not released.

As a result of the accusations, the Massachusetts resident is charged with money laundering and wire fraud. If convicted of the charges, he could be sentenced up to 20 years behind bars. Unfortunately, accusations regarding white collar crimes, including those involving embezzling funds in a job capacity, can be complicated and come with significant consequences upon conviction. As a result, those accused in such cases typically hire an experienced criminal defense attorney to fight on their behalf. Such a professional can carefully evaluate all the details of the case and ensure that the client is fully prepared to make informed decisions.

Embezzlement is a crime of theft that involves no trespass. It occurs most often in corporate fields or employment and involves an employee who is trusted to handle assets but is instead accused of misappropriating the assets for personal gain or use. It involves the use, selling, or giving away of funds or property that results in serious harm and is intended to be a permanent withholding. Money is not the only asset involved in these cases; for example, electronic equipment or company vehicles can also be converted.

While laws vary by state and embezzlement can also be a federal crime, four factors generally must be present. The first requirement is that there is a fiduciary relationship between the parties involved — generally that one party relies on the other. Those accused of embezzlement must have obtained property as a result of that relationship. To be convicted, it must be proved that the defendant either took ownership of the asset or transferred it to someone else. Finally, the act must be intentional.

There is a great deal of room for defending against embezzlement charges due to the elements that must be included. Regardless of the accusations, prosecutors must provide evidence to prove guilt beyond a reasonable doubt, a standard that is often difficult to meet. An experienced attorney, committed to the best possible defense of clients, is often instrumental in analyzing evidence and helping those in Massachusetts decide how to best respond to these accusations.

An act that leads to the death of another person must be committed with intent to injure or kill in order to be considered either first or second degree murder. Conviction for the felony of first degree murder requires the prosecutor to prove beyond a reasonable doubt that an unlawful killing occurred, that the defendant had formed the intent to kill before committing the murderous act known as premeditation and acted intentionally to inflict serious bodily harm or death on the victim known as malice aforethought.

Second degree murder is a killing committed with an intention to kill or inflict serious bodily injury but without the element of premeditation that is required for a first degree murder conviction.

The difference between the two crimes can be explained with an example. If Bill discovers that his wife Mary is having an adulterous affair and hits her with a hammer in a fit of anger when he confronts her, he has committed second degree murder. If Bill discovers the affair and takes a week to plan Mary’s murder, the act is now first degree murder because the act was premeditated.

Anyone charged with either first or second degree murder will be facing possible life imprisonment. Because of the dire penalties associated with each crime, a defendant facing either type of murder charge may wish to consult an experienced criminal defense attorney for an evaluation of the evidence, an explanation of possible sentences if convicted and assistance in negotiating a favorable plea agreement if warranted by the facts of the case.

Grand juries are used in federal criminal cases to decide if available evidence shows “probable cause” to believe that a crime has been committed. The Fifth Amendment states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” Thus, a grand jury indictment is a necessary starting point for a federal criminal prosecution.

Grand juries are convened by federal prosecutors, who want to determine if enough evidence exists to support a criminal indictment. Grand juries are mostly used in cases involving serious federal crimes, such as murder or widespread financial fraud.

The prosecutor asks the federal court administrator in the district in question to empanel a grand jury comprising 12 to 23 members to hear evidence in the case. The grand jury will meet at regular intervals during their term of 18 months.

Once the grand jury is seated, the prosecutor will begin presenting evidence. No judge is present, and the witnesses are not allowed to have attorneys in the court room. The prosecutor will also explain the law to the jurors.

All grand jury sessions are confidential to encourage candor by the witnesses. After the prosecutor has presented all of the evidence, the jurors will vote on whether to return a finding that the evidence warrants indicting one or more persons on federal criminal charges.

A person who receives a summons to appear before a grand jury is not necessarily a suspect in the crime under consideration. Nevertheless, the advice of an experienced criminal defense attorney may help a person avoid making mistakes that could trigger an indictment.

Every state and the federal government has laws forbidding the creation of child pornography and penalizing the creation and sale of child pornography. The precise definition of the crime may differ from jurisdiction to jurisdiction. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. Massachusetts added participation with lascivious intent to its definition of child pornography.

Most child pornography statutes were drafted to protect minors from exploitation by adults. In the modern age, however, a great many photos that satisfy various definitions of pornography are taken and circulated by minors. A common example is a teenage girl taking a revealing selfie and sending it to her boyfriend. Anyone who receives or sends the photo — including the girlfriend and the initial recipient — has committed a child pornography felony. Defining possession of pornography in the digital age has become difficult with the widespread use of storage media such as the cloud. States appear to be broadening their definitions of child pornography and the various uses of it that constitute a crime.

The laws relating to child pornography and courts’ interpretation of them are changing rapidly. Anyone who is charged with a crime relating to online child pornography may want to make sure they understand the latest developments in the law on this subject so they can evaluate what defense options are available in their case.

The most sweeping Federal statute that defines computer crimes is the Computer Fraud and Abuse Act, which was first passed in 1984. The statute has been amended several times, but its central focus remains unchanged: whoever accesses a computer or computer network with intent to commit one or more of the acts identified in the statute can be charged with a computer crime. Specific crimes include obtaining national security information, obtaining information from a computer that the defendant does not own or is not authorized to use, trespassing in a government computer, using a computer to defraud and obtain value and extortion involving computers.

The Federal Wiretap Act was originally intended to regulate and protect telephone communications, but it has been amended to include any form of “electronic communication.” Federal prosecutors generally interpret the amendments as applying to any case that involves spyware users and manufacturers or the surreptitious collection of information from a victim’s computer. Other crimes include unlawful access to information stored on a computer or computer network, identity theft and generic wire fraud.

The terms that are used to define and prosecute computer crimes are very complex. Anyone who faces prosecution under one or more of the statutes mentioned above should make sure they understand the charges against them. With a proper understanding of the law and evidence that may apply to the case, a solid defense strategy can be formed.

Source: Office of Legal Education Executive Office for United States Attorneys, “Prosecuting Computer Crimes,” accessed on April 15, 2018

The grand jury was developed in England beginning with its inclusion in Magna Carta in 1215. It migrated to America with many other legal institutions prior to 1776. When the Constitution and Bill of Rights were written in 1787, the grand jury was given a specific function by the Fifth Amendment: “no person shall be held to answer for a capital, or otherwise infamous crime, unless on the presentment or indictment of a Grand Jury…” The Supreme Court has ruled than an infamous crime is one punishable by one or more years of imprisonment.

Grand juries may be impaneled by a United States Attorney or a federal judge. A grand jury comprises 23 members, of which 16 constitute a quorum. The grand jury hears evidence presented to it by Assistant United States Attorneys. At the end of its deliberations on a particular matter, the grand jury will vote in secret about whether the evidence that it has heard demonstrates probable cause to believe that a crime has been committed.

Grand juries often seek testimony from persons who may know something about the matter under consideration but who are not suspects.

Source: Administrative Office of the United States Courts, “Handbook for Federal Grand Jurors,” accessed on March 31, 2018

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself.” This phrase is often referred to as the right to avoid self-incrimination. The right arose during the 17th century in England. Many people were coerced or tortured into confessing their religious affiliation; silence was treated as an admission of guilt. When the Puritans and other religious sects fled to America, they were determined to establish the right of witnesses to refuse to testify if the answer might incriminate them. This right eventually became codified in the Fifth Amendment.

The right against self-incrimination protects more than just testimonial silence. No one can force a witness to testify, and a prosecutor cannot use a witness’s refusal to testify as evidence of guilt. In addition, the jury may not consider the refusal to testify when it determines whether the defendant is guilty. Once a defendant takes the stand and begins to testify, the Fifth Amendment privilege is entirely waived. The defendant cannot answer some questions and refuse to answer others. However, witnesses criminal trials can invoke the privilege for some questions and not others, unless subpoenaed.

Invoking the Fifth Amendment may involve a number of complex procedural questions. Anyone who may be compelled to testify may wish to consult a knowledgeable criminal defense attorney for advice on the effect of invoking the privilege.

Source: FindLaw, “Fifth Amendment Right Against Self-Incrimination,” accessed on March 18, 2018

The National Sex Offender Public Registry was established in 2005 to permit people to search sex offender registries in different states. The NSOPR was deemed necessary because sex offenders often moved to a state where their names were not registered and then committed another sex crime, thereby defeating the purpose of the state’s sex offender registry program. The NSOPR has now become the National Sex Offender Public Website, an Internet based database that allows the public to search sex offender registries in each of the fifty states and tribal and territorial governments.

The NSOPW can be accessed on the Internet from a personal computer or on a mobile device by downloading an app. The information available on the NSOPW is provided and maintained by each participating jurisdiction. Information obtained on the NSOPW can be verified by checking with the state that provided the information.

Anyone who is listed on a state sex offender registry is under a legal obligation to report changes in their living or working circumstances. The failure to do so is a crime. Anyone who feels that they are no longer required to register may wish to consult an experienced criminal defense attorney for help in clarifying registration requirements.

Source: U.S. Department of Justice, “National Sex Offender Public Website,” accessed on March 3, 2018

The defining element in the Massachusetts computer crime statute is “intent to defraud.” Anyone who commits any of several enumerated acts with fraudulent intent is guilty of a computer crime and may be subject to imprisonment for up to two-and-a-half years and a fine of $3,000. Specific crimes include obtaining access to a commercial computer system, using a computer as part of a scheme to defraud and using or modifying data on a computer system.

The Massachusetts statute does not specifically mention the Internet, but the definition of “commercial computer system” includes using a computer where such use or access is offered by another for monetary consideration. Because most computer users contract with a commercial firm to obtain access to the Internet for a fee, they fit the definition of commercial computer system. Consequently, most examples of computer fraud — phishing, spam, viruses, hacking, malware — are crimes in Massachusetts.

Federal law also attaches criminal liability to certain forms of computer activity that are similar or identical to state computer crimes. Anyone who is charged with a computer crime in Massachusetts may wish to confer with an experienced criminal defense attorney for advice on the law and facts that govern the case and for assistance in devising an effective defense strategy.

Source: FindLaw, “Massachusetts Computer Crimes Laws,” accessed on Feb. 17, 2018