NATIONALLY RECOGNIZED FEDERAL LAWYERS
Federal Crimes
|Last Updated on: 1st October 2023, 08:22 am
Federal Crimes: An Overview for the Average Joe
Hey there, friend! If you’re reading this, you probably want to learn more about federal crimes and what they mean. Well, you came to the right place! I’m just an average Joe like you, but I did some digging and want to share what I learned in plain English. No fancy lawyerese here!
What Makes a Crime “Federal”?
First things first – what makes a crime a federal crime, vs a regular ol’ crime? Basically, federal crimes are offenses that violate U.S. federal laws, not state or local laws. They are investigated by federal agencies like the FBI, DEA, ATF, etc. and prosecuted by the U.S. Department of Justice in federal courts.
Some examples of federal crimes include:
- Bank robbery
- Kidnapping
- Counterfeiting
- Mail fraud
- Wire fraud
- Securities fraud
- Healthcare fraud
- Identity theft
- Computer hacking
- Child pornography
- Drug trafficking
- Human trafficking
- Money laundering
- Racketeering
- Terrorism
So if you’re plotting a bank heist, beware – that’s a federal crime the FBI will be all over!
How Are Federal Crimes Defined and Punished?
Federal crimes and their punishments are defined by federal statutes passed by Congress. There are a whole bunch of federal criminal statutes – too many to list here! But some of the big ones are:
- Controlled Substances Act – prohibits drug trafficking
- Computer Fraud and Abuse Act – prohibits hacking
- Mail and Wire Fraud statutes – prohibit fraud using mail or electronic communications
- Racketeer Influenced and Corrupt Organizations Act (RICO) – prohibits organized crime activities
- Money Laundering Control Act – prohibits money laundering
- USA PATRIOT Act – prohibits terrorism and terrorist financing
Punishments for federal crimes can include fines, restitution, probation, or imprisonment – sometimes up to life in federal prison! Sentences are based on the U.S. Sentencing Guidelines, which take into account things like the severity of the crime, the defendant’s criminal history, and whether a dangerous weapon was used.
How Are Federal Crimes Investigated and Prosecuted?
When a federal crime occurs, it is investigated by federal law enforcement agencies like the FBI, DEA, ATF, ICE, Secret Service, Postal Inspection Service, etc. These agencies gather evidence through surveillance, informants, undercover operations, and other investigative techniques.
Once enough evidence is gathered, the case is referred to federal prosecutors at the U.S. Department of Justice. They present the evidence to a federal grand jury, who decides whether to issue an indictment formally charging the suspect with a federal crime.
The case then goes to trial in a U.S. District Court. The federal prosecutors must prove “beyond a reasonable doubt” that the defendant committed the crime. Defendants can plead guilty or choose to go to trial before a judge or jury. If convicted, the judge determines the sentence based on federal sentencing guidelines.
Some key federal agencies involved in investigating and prosecuting federal crimes include:
- FBI – Investigates over 200 categories of federal crimes. Has investigative jurisdiction over violations of more than 200 categories of federal crimes.
- DEA – Enforces controlled substances laws and regulations.
- ATF – Enforces federal firearms and explosives laws.
- ICE – Investigates cross-border criminal activities like human/drug trafficking.
- USSS – Investigates financial crimes and identity theft.
- USPIS – Investigates postal crimes like mail fraud.
- DOJ – Prosecutes defendants accused of federal crimes.
Federal vs. State Crimes: What’s the Difference?
The key difference between federal and state crimes is the jurisdiction. Federal crimes violate U.S. federal laws, while state crimes violate state laws. Other differences include:
- Federal crimes are investigated and prosecuted by federal agencies in federal courts. State crimes are handled by state and local police and prosecutors.
- Examples of federal crimes often involve interstate activity, like trafficking drugs or people across state lines. State crimes usually happen within that state.
- Federal crimes may apply even if the criminal act happens in a state that doesn’t define it as a crime under state law.
- Federal sentences are often longer than state sentences for similar crimes.
- Federal prisons are run by the Federal Bureau of Prisons. State prisons are run by that state’s department of corrections.
So in summary: if a crime violates both federal and state laws, the feds can step in and take over the case for prosecution under federal statutes. The state may also prosecute under state laws.
Common Federal Crimes and Defenses
Now that we’ve got the basics down, let’s look at some specific federal crimes and possible defenses. Remember, I’m not a lawyer, just sharing some info I found in my research!
Drug Trafficking
Drug trafficking crimes are defined in the Controlled Substances Act. It’s illegal to:
- Manufacture, distribute, or dispense illegal drugs
- Possess illegal drugs with intent to manufacture, distribute, or dispense
- Import or export illegal drugs
Penalties depend on the drug amount and can include up to life imprisonment. Possible defenses include entrapment, claiming the drugs were for personal use, or challenging the drug testing methods.
Healthcare Fraud
Healthcare fraud includes things like billing Medicare/Medicaid for unnecessary services or falsifying diagnoses to get higher reimbursements. The federal law prohibits schemes to defraud healthcare benefit programs. Penalties can include fines up to $250,000 and imprisonment up to 10 years. Defenses include lack of intent to defraud.
Tax Evasion
Willfully attempting to evade federal income taxes is a felony under 26 U.S. Code § 7201. Penalties can include up to 5 years in prison. Defendants may claim they lacked the intent to evade taxes or that it was an accident/mistake.
Identity Theft
Stealing someone’s personal information to commit fraud is prohibited under 18 U.S. Code § 1028A. Penalties include minimum 2 years imprisonment. Defenses focus on lack of intent, mistaken identity, or falsely obtained evidence.
Cyber Crimes
Hacking, phishing, malware attacks, and other computer crimes often violate the Computer Fraud and Abuse Act. Penalties depend on the nature of the crime. Defenses may argue the defendant had authorization, lacked criminal intent, or did not cause damage exceeding $5,000.
Hope this overview helped explain some basics about federal crimes! Let me know if you have any other questions.