From http://criminal-law.freeadvice.com
Common Federal Crimes
Considering the Interstate Commerce Clause, other areas of criminal law that impact
the entire nation, or which need to be centrally regulated to avoid chaos, it is not hard to
pick out the areas that will likely be Federal crimes. Here are only a few that involve
Interstate Commerce: kidnapping across state lines, organized crime, internet child
pornography (violates both Fed and local law), threatening a Federal public official,
interstate drug trafficking, bank robbery, hijacking trucks in interstate commerce,
skyjacking, using U.S. Mails for any criminal purpose, and counterfeiting.
Most criminal acts that impact the military will result in Federal prosecution, such as any
crime on a Military base (including drunk driving), impersonating military personnel,
interfering with any military action or function, stealing military property, evading the
military draft, taking up arms against U.S. Military personnel, desertion by military
personnel, and selling classified information, to cite a few.
Federal crimes involving the Post Office also include soliciting funds fraudulently by
mail, sending a ransom note by mail, mailing illegal drugs, and mailing toxic or
dangerous substances. Other Postal crimes include threatening or harming a Postal
Worker, forging or stealing Postal Money Orders, and vandalizing U.S. mail or Post
Office premises or property.
Crimes involving the I.R.S. include tax evasion, tax fraud, and failure to withhold Federal
Taxes from a paycheck. Any crime involving Federal benefits will also be a Federal
crime. Some examples are forging or stealing a U.S. Treasury check, fraudulently
applying for or receiving Welfare benefits, faking a disability to get Social Security long
term disability benefits, cashing a Social Security check that comes after the elderly
beneficiary dies, and making a false or exaggerated claim for Federal disaster relief.
You can fairly reliably predict what crimes will be Federal by just picking a Federal
Agency and imagining a crime against its functions. The F.C.C: pirate radio stations.
The U.S. Dept. of the Treasury: counterfeiting. Heath Education and Welfare:
adulterating foods or medications, or knowingly selling tainted foods. Dept of
Agriculture: fraudulent agricultural loans. A.T.F. (Alcohol, Tobacco & Firearms):
smuggling cigarettes, importing or selling firearms without a license or illegal firearms,
and selling untaxed liquor. E.P.A. (Environmental Protection Agency): dumping toxic
substances, killing endangered species, importing banned chemicals. Dept. of the
Interior: growing marijuana on Federal lands, arson. Labor Dept: failure to pay required
benefits or wage violations. S.E.C. (Securities and Exchange Commission); insider
trading, forging securities. D.E.A. (Drug Enforcement Administration): importing illegal
drugs or moving them across state lines.
Criminal Law - Criminal Law - Federal Crimes & Consequences
Antitrust Violations - Federal Crimes & Consequences
Insurance Fraud
Bribery
Money Laundering
Child Pornography Law
Counterfeiting
Telemarketing Fraud
Criminal Conspiracy - Federal Crimes & Consequences
Asset Forfeiture
Sex Crimes
Federal Criminal Appeals
Bankruptcy Fraud
Mail Fraud
Federal Criminal Trials
Business Fraud and Theft
Kickbacks
Federal Grand Jury
Environmental Law Violations
State Felony Trials
Federal Economic Espionage
Financial Fraud
Credit Card Fraud
Racketeering and RICO Cases and Definitions
Government Fraud
Embezzlement
Making A ―Federal Case‖ Out Of It
Insider Trading
Public Corruption
Common Federal Crimes
International Crimes
State Felony Appeals
Cyberstalking
International Extradition
Making A “Federal Case” Out Of It
How did the saying ―Making a Federal Case Out of It‖ come to mean ballooning a small
issue into a bigger one? Its origins are clouded, but it seems to have made its first
appearance around 1950. It is probably not coincidence that by the middle of the 20th
century, Federal Courts were expanding in importance, volume of cases, and the
number of criminal statutes with which they had to deal. One can point to many factors,
such as the civil rights movement, murdering of civil rights workers, or smuggling
moonshine during prohibition, but at the foundation, it was the changing of a ―village‖
economy to a global economy through motor vehicles, air travel, radio, TV, and then the
internet. Maybe it started with Bonnie and Clyde. In the early 20th century, a bank
robber had only to race to the nearest state border and he was safe. Making bank
robbery a ―Federal Case‖ brought in the FBI, who could follow them anywhere.
A central, unifying Court like the Federal Court was also ideally suited to bring 50
different jurisdictions into the mainstream on a broad range of issues. Thus, improved
racial equality could never have been forced on the old slave states without the heavy
arm of the Federal Courts. How does a lone citizen stop a multi-billion dollar corporation
from dumping toxic chemicals into the water table? By Making a Federal Case out of it.
Unlike in state court, a judgment in Federal Court makes national ripples.
A national and a world economy brings Federal Courts more to center stage, but once a
trend is started it is sometimes hard to restrain. Many Federal judges, lawyers and
legislators believe that the Federal Government has gone overboard in passing so
many criminal and civil laws, that the Federal Courts are overburdened, with the Feds
poking into areas that have only very marginal national impact.
If a woman is injured when her Ford Pinto’s gas tank explodes on impact due to faulty
design, she could simply sue Ford and win her damages. Or, she could sue in Federal
Court, get the case certified as a class action, thus bringing hundreds of thousands of
people into the action, and have the judgment control Ford auto design and marketing
on a nationwide basis. That is ―making a Federal Case‖ out of a single auto accident.
Whether this is good or bad depends on your point of view, your politics, and ultimately
upon the budget and resources of the Federal Courts.
Racketeering and RICO Cases and Definitions
RICO stands for the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §
1961), a law that increases the severity of penalties for crimes performed in conjunction
with organized crime. The law states that any person or group who commits any two out
of a list of 35 crimes (known as racketeering activity in the U.S. Code) within a decade
and can be determined to have committed them with similar results or similar intentions
can be charged with racketeering.
The maximum penalties for racketeering include a fine of up to $25,000 and up to 20
years in prison in addition to the forfeiture of all business interests and gains gleaned
from the criminal activity. In addition, the case can be re-tried in civil court; plaintiffs are
allowed to sue for triple damages. The law covers crimes such as bribery, extortion,
money laundering, counterfeiting, gambling, murder, arson, robbery, kidnapping,
harboring certain illegal aliens, obstruction of justice, slavery and others.
In order to prosecute a RICO case, investigators need to establish evidence of the
existence of a criminal organization. U.S. Attorneys General who pursue RICO charges
can opt to seek an injunction or restraining order before trial that prevents the assets in
question from being transferred and requires the defendant to put up a performance
bond. This usually serves to push the defendant to plead guilty to the charges before an
indictment (a formal accusation against the defendant).
RICO laws are especially effective in prosecuting those who retaliate against victims,
whistleblowers or witnesses of crimes when those parties cooperate with law
enforcement or an ongoing investigation. In addition, anti-SLAPP (strategic lawsuit
against public participation) laws can be applied in order to stop corporations or
individuals from abusing the legal system by filing retaliatory lawsuits against
whistleblowers or crime victims.
International Crimes
International crimes can be categorized as either criminal offenses against the world
community — acts of terrorism or war that threaten world order and security; crimes
against humanity, and genocide — or transnational criminal acts, including drug
trafficking, trans-border organized criminal activity, counterfeiting, money laundering,
financial crimes, willful damage to the environment, and computer crimes.
The Trafficking Victims Protection Act of 2000 provides the statutory authority in U.S.
law to allow prosecution of human traffickers even where nonviolent coercion is used to
force victims to work in the belief they would be subject to serious harm. Using the
statutory authority provided in the Controlled Substances Act the U.S. Drug
Enforcement Agency pursues and prosecutes drug traffickers within and outside of the
United States.
Drug Trafficking: Among the most common international crimes are drug trafficking
activities. The Drug Enforcement Administration (DEA) enforces the controlled
substances laws and regulations of the United States and refers perpetrators involved in
making or distributing controlled substances to the Department of Justice for
prosecution. The DEA collaborates with the United Nations, Interpol, and other
organizations on matters relating to international drug control programs, international
crimes, international criminal law, and international law.
Crimes Against Humanity: Related to larger-scale crimes against humanity and under
the rubric of international criminal law, the International Criminal Court (ICC) in The
Hague, Netherlands, investigates and prosecutes those individuals accused of crimes
against humanity, genocide, and crimes of war.
Human Trafficking: U.S. Government estimates indicate that 800,000 to 900,000
victims are trafficked globally each year and 17,500 to 18,500 are trafficked into the
United States. The Department of Justice pursues and prosecutes human traffickers,
whether the victims were smuggled for sexual exploitation, or to work as agricultural,
sweat shop workers, or domestic servants.
International Computer Crime: With the explosive growth of the Internet, computer
crimes are increasingly international in dimension. The Department of Justice works
with foreign governments and other U.S. agencies, including the Federal Bureau of
Investigations and the U.S. Postal Service, to address global threats related to
computer crime.
If you or someone you know is under investigation for an international crime, seek the
advice of an experienced criminal defense attorney right away.
Federal Economic Espionage
Economic espionage is a complex legal definition that involves the theft of trade secrets.
In effect, economic espionage is the use of a stolen trade secret to benefit foreign
powers or in commercial or economic trade. Ideas, formulas or products can all be trade
secrets. Those who commit economic espionage do so in order to gain and benefit from
proprietary information developed by businesses. It is estimated that economic
espionage has caused business losses in the trillions of dollars over the last decade
alone.
Economic espionage is prohibited by the Economic Espionage Act of 1996 (18 U.S.C. §
1831-1839). Section 1831 of the Act criminalizes the theft and use of stolen trade
secrets to benefit foreign powers, while Section 1832 makes illegal the theft of such
trade secrets for commercial or economic gain. This includes the duplication or copying
of a trade secret with the intention to economically benefit from it and/or the conspiracy
to do so.
The penalties for economic espionage can be stiff – those using stolen trade secrets to
benefit a foreign government face a fine of up to $500,000 and/or up to 15 years in
federal prison, while those who steal trade secrets for their own gain may be fined or put
in prison for up to ten years. Companies that engage in economic espionage also face
harsh consequences – they can be fined up to $10 million for stealing trade secrets for
another government and up to $5 million for using stolen secrets for their own gain.
In addition to prosecution in the United States, the Economic Espionage Act also
applies to perpetrators who victimize U.S. citizens, affect the United States in a
substantial form, or are a U.S. citizen themselves. The U.S. Department of Justice
prosecutes economic espionage with assistance from the CIA and other international
bodies.