Federal Crimes

If you or someone you love has been charged with a federal crime, or thinks charges may be coming, start here. Below is a plain-English summary of the federal charges we see most often: what each one covers and the penalties it can carry. Each summary links to a full page on that charge, including what your first steps should be in building a defense.

Federal cases are different from state cases. They are brought by U.S. Attorneys in federal court. They often carry long sentences, and some carry mandatory minimums, meaning a sentence floor the judge usually cannot go below. Criminal Center is a federal criminal defense firm. We work on federal cases at every stage of the process, from investigation through trial, sentencing, and appeal.

Looking for help with a pardon or early release from prison?

Those topics have their own Criminal Center sites. For help asking the President for a federal pardon or sentence commutation, see clemency.com. For early release from federal prison for serious health or family reasons, see compassionaterelease.com.

• Federal pardons and commutations at clemency.com
• Compassionate release at compassionaterelease.com

Which federal charges do we handle?

• Federal arson crimes
• Federal bank robbery
• Federal CCE and RICO
• Federal child pornography
• Federal cyber crimes
• Federal drug conspiracy
• Federal drug crimes
• Federal embezzlement and employee theft
• Federal firearm crimes
• Federal fraud conspiracy
• Federal healthcare fraud
• Federal identity theft
• Federal immigration crimes
• Federal insurance fraud
• Federal juvenile crimes
• Federal mail fraud
• Federal mortgage and bank fraud
• Federal tax fraud
• Federal white collar crime
• Federal wire fraud

What is federal arson?

Arson is commonly understood as the intentional and malicious burning of another person's building. Federal arson is narrower. The main federal law, 18 U.S.C. § 844(i), covers damaging or destroying, by fire or explosive, property used in interstate or foreign commerce or in an activity that affects that commerce. A separate part, § 844(f), covers federal property. The penalties include fines and prison time, starting at a mandatory minimum of 5 years. They go up if anyone was injured or killed, including firefighters, police officers, or other first responders hurt while responding to or investigating the fire.

More information on federal arson crimes

What is federal bank robbery?

Federal bank robbery happens when a person takes, or tries to take, money or property from a bank, credit union, or savings and loan by force, violence, or intimidation (18 U.S.C. § 2113(a)). It is a federal crime because of the kind of bank involved, not because anyone crossed state lines. The law covers banks that are members of the Federal Reserve System or insured by the FDIC, and federally insured credit unions and savings and loans (18 U.S.C. § 2113(f)–(h)). That includes most banks in the country. The penalties go up depending on whether a weapon was used, whether anyone was hurt or killed, and, for theft without force, the value of the money or property taken.

More information on federal bank robbery crimes

What are federal RICO and CCE charges?

The Continuing Criminal Enterprise statute, or CCE (21 U.S.C. § 848), and the Racketeer Influenced and Corrupt Organizations Act, or RICO (18 U.S.C. § 1962), both target criminal organizations. CCE is aimed at people who organize and run large drug trafficking operations. RICO covers a wide variety of crimes committed through an organization, called an "enterprise." Prosecutors have increasingly used RICO against groups other than gangs or the mafia, such as businesses. The sentences for these charges tend to be harsh. A CCE conviction, for example, carries a mandatory minimum of 20 years.

More information on federal CCE and RICO charges

What are federal child pornography charges?

It is a federal crime to produce, distribute, receive, or possess child pornography that has moved in interstate or foreign commerce, including by computer or over the internet (18 U.S.C. §§ 2251, 2252, 2252A). A person can also be prosecuted under state laws against child pornography. Federal prosecution comes in when the activity affects interstate commerce, which nearly all online activity does. Federal penalties are often much harsher than state penalties. Receiving or distributing child pornography carries a mandatory minimum of 5 years, and a conviction usually brings life-altering consequences such as sex offender registration.

More information on federal child pornography charges

What counts as a federal cyber crime?

Federal cyber crimes include almost any crime involving computers or the internet that affects interstate commerce. Most are charged under the Computer Fraud and Abuse Act (18 U.S.C. § 1030), which covers hacking, computer fraud, malware, password trafficking, and cyber extortion. The FBI is the main agency that investigates reports of cyber crime. In recent years, a rise in attacks on government agencies and businesses has led federal prosecutors to take a hard line on these crimes.

More information on federal cyber crimes

What is a federal drug conspiracy?

A federal drug conspiracy is an agreement between two or more people to break the federal drug laws. Under 21 U.S.C. § 846, a conspiracy carries the same penalties as the drug crime itself, even if no drugs ever changed hands. Because the charge is so broad, prosecutors often use it as a catch-all in federal drug cases. There are real defenses, but it is a serious charge and a hard one to defend.

More information on federal drug conspiracy crimes

What are federal drug crimes?

Federal drug crimes include making, selling, importing, or possessing with intent to sell controlled substances (21 U.S.C. §§ 841, 952, 960). These cases draw a lot of public attention, and federal prosecutors pursue them hard. When the government believes a drug crime involves wider distribution, especially across state lines, it is more likely to bring federal charges. The same conduct often brings a harsher sentence in federal court than in state court, and many federal drug crimes carry mandatory minimum sentences based on the type and amount of the drug.

More information on federal drug crimes

When are embezzlement and employee theft federal crimes?

Embezzlement and employee theft are similar crimes. Embezzlement usually happens when an employee who is trusted with a company's money uses that position to knowingly take money or property from the company. Employee theft can happen at any level of a company. Either one can become a federal crime when it has a federal connection, such as money belonging to the federal government or a federal contractor, a federally insured bank, or a program that receives federal funds.

More information on federal embezzlement and employee theft crimes

What are the main federal gun charges?

The main federal gun crimes include 18 U.S.C. § 922(g), which bars people with felony convictions (and some other groups) from possessing a gun, and 18 U.S.C. § 924(c), which covers using or carrying a gun during, or possessing one in furtherance of, a violent crime or drug trafficking crime. Gun cases draw a great deal of public attention, and the government brings them often, so a strong defense matters. The sentences are severe. A § 924(c) conviction carries at least 5 years (7 if the gun was brandished, 10 if it was fired), and that time must be served on top of any other sentence.

More information on federal firearm crimes

What is federal fraud conspiracy?

A federal fraud conspiracy is an agreement between two or more people to commit fraud. It is a broad category of crime. The fraud does not have to succeed, or even be carried out, for a conspiracy to exist. Under 18 U.S.C. § 1349, conspiring to commit mail, wire, bank, or healthcare fraud carries the same penalties as committing the fraud itself. The general federal conspiracy law, 18 U.S.C. § 371, carries up to 5 years.

More information on federal fraud conspiracy crimes

What is federal healthcare fraud?

Federal healthcare fraud most often involves claims that someone billed Medicare, Medicaid, or private insurers for services that were not provided or not needed (18 U.S.C. § 1347). But many other kinds of healthcare schemes can end up under government investigation. With large amounts of money at stake, the government has a strong incentive to prosecute these cases hard. The maximum is 10 years, 20 years if a patient is seriously hurt, and up to life if a patient dies, plus large fines. Even without prison time, a healthcare fraud conviction can end a career in the healthcare field.

More information on federal healthcare fraud crimes

What is federal identity theft?

Federal identity theft covers using another person's or business's personal or financial information without permission to commit fraud or another crime (18 U.S.C. § 1028). The government has run major public awareness campaigns against it. Because victims usually are not physically hurt, some people charged with identity theft assume it is not very serious. That is a grave mistake. The penalties can be harsh and life-changing. Aggravated identity theft (18 U.S.C. § 1028A), for example, adds a mandatory 2 years that must be served after the sentence for the other crime.

More information on federal identity theft crimes

What are federal immigration crimes?

Federal immigration crimes are always serious. They draw extra attention because immigration is a heated public issue and the federal government has taken a tougher stance in recent years. These crimes include entering the U.S. without permission (8 U.S.C. § 1325), coming back after being deported (8 U.S.C. § 1326), lying on immigration applications, and helping others enter or stay in the U.S. unlawfully (8 U.S.C. § 1324). Being in the U.S. without legal status is usually a civil matter, not a crime, but it can lead to removal. If you are not a U.S. citizen and are charged with any federal crime, tell your lawyer right away. Your immigration status can affect your other charges, and a conviction can affect your status, so it has to be part of planning your defense.

More information on federal immigration crimes

When is insurance fraud a federal crime?

Insurance fraud often involves conduct that could also be prosecuted under state law. At the federal level, it is usually charged under the mail fraud and wire fraud laws (18 U.S.C. §§ 1341, 1343), because those laws reach fraud that uses the mail or crosses state lines. A consumer can commit insurance fraud, for example, by lying to an insurance company to get a payment or benefit they are not entitled to.

More information on federal insurance fraud crimes

What happens when a juvenile is charged with a federal crime?

In the federal system, a person under 18 is generally treated as a juvenile (18 U.S.C. § 5031). The general rule is that a juvenile should be prosecuted under state law, in the state courts where the crime allegedly happened. But if the young person is accused of certain serious crimes, a federal prosecutor may ask the court to try them as an adult in federal court (18 U.S.C. § 5032). That is almost always bad news for the young person, because adult prison terms and other penalties are much harsher. It calls for quick action with a federal criminal defense lawyer to try to keep the case out of adult court.

More information on federal juvenile crimes

What is federal mail fraud?

The federal mail fraud law, 18 U.S.C. § 1341, is very broad and covers a wide range of conduct. It makes it a crime to use the U.S. Mail, or a private interstate carrier like FedEx or UPS, as part of a scheme to cheat someone out of money or property. Because the mail is a federal system, mail fraud lets the government prosecute schemes that might otherwise be left to state courts. Prosecutors also often use a mail fraud case to gather evidence that leads to more federal charges. The maximum is 20 years, or 30 years if a bank is affected.

More information on federal mail fraud crimes

What are federal mortgage fraud and bank fraud?

Mortgage fraud can be committed by anyone involved in buying or selling a home, such as a buyer, seller, broker, appraiser, or lender. It can be investigated at the state or federal level, and the penalties depend on the kind of scheme and how much money was made. At the federal level it is often charged as bank fraud or wire fraud. Bank fraud, under 18 U.S.C. § 1344, is a scheme to cheat a financial institution, or to get its money or property by lying. It carries up to 30 years. What separates bank fraud from bank robbery is that bank fraud does not involve force or intimidation.

More information on federal mortgage and bank fraud crimes

What is federal tax fraud?

Federal tax fraud is a complex, serious crime that the government prosecutes often, because large amounts of money are at stake. The government sees tax prosecutions as a way to deter others from holding back money they owe or from not paying their taxes at all. Tax evasion, for example, is willfully trying to avoid paying taxes you owe, and carries up to 5 years per count (26 U.S.C. § 7201). Defenses to tax fraud are complicated because of the nature of the crime. If you learn the IRS is auditing or investigating you for possible tax fraud, contact a federal criminal defense lawyer right away, before you answer questions, so you have guidance through the investigation.

More information on federal tax fraud crimes

What is federal white collar crime?

"White collar crime" is a broad term for crimes that are usually non-violent and committed mainly for money. Almost any federal crime involving fraud or corruption counts. Some of the most common white collar crimes the federal government prosecutes are tax fraud, wire fraud, mail fraud, embezzlement and employee theft, mortgage and bank fraud, healthcare fraud, money laundering, and insurance fraud. Even without violence, all of them can bring federal prison time and large fines. Federal prosecutors are known for trying to make an example of white collar defendants, which is why it matters to have a knowledgeable federal criminal defense lawyer if you or a loved one is facing these charges.

More information on federal white collar crimes

What is federal wire fraud?

The federal wire fraud law, 18 U.S.C. § 1343, is similar to the mail fraud law. It makes it a crime to use interstate wire, radio, or television communications, such as phone calls, emails, texts, or internet transfers, as part of a scheme to cheat someone out of money or property. The government does not have to prove that the scheme succeeded or that the victim lost money. It only has to prove the scheme and the use of a wire to carry it out, which gives prosecutors a lot of room. The maximum is 20 years, or 30 years if a bank is affected. Take a wire fraud charge very seriously: it can open the door to a broader investigation aimed at finding evidence for more federal charges.

More information on federal wire fraud crimes

What does Brandon Sample handle?

Brandon Sample is a federal criminal defense lawyer, an author, and a criminal justice reform advocate. His work covers every stage of a federal case:

• Pre-trial and trial
• Sentencing (asking the judge for a lower sentence)
• Federal appeals (asking a higher court to review what happened at trial or sentencing)
• 2255 motions under 28 U.S.C. § 2255 (asking the judge who sentenced you to throw out or correct the sentence because something went wrong) and 2241 petitions under 28 U.S.C. § 2241
• Sentence reductions under 18 U.S.C. § 3582(c)(2) (when the U.S. Sentencing Commission lowers the guideline range your sentence was based on)
• Federal clemency requests (pardons and commutations from the President)
• Compassionate release motions

What kinds of federal cases does Criminal Center handle?

Criminal Center is a federal criminal defense firm. We handle federal cases nationwide, and only federal cases. That includes defense before and at trial, appeals, post-conviction work (challenges after a conviction is final), prisoner civil rights cases, federal agency matters, and Freedom of Information Act (FOIA) requests.

We take cases from across the country at every stage: during an investigation, at trial, on appeal, and after sentencing.

Is your loved one already in federal prison?

There may still be options, and Criminal Center handles them at the federal level only. Clemency means a pardon (forgiveness of a federal conviction) or a commutation (a shorter sentence), both granted by the President. Compassionate release is a request asking a federal judge to shorten a prison sentence for “extraordinary and compelling reasons,” such as serious illness or old age (18 U.S.C. § 3582(c)(1)(A)).

• Federal clemency: pardons and sentence commutations
• Compassionate release motions

For help asking the President for clemency, see clemency.com. For help asking a judge for early release, see compassionaterelease.com.

How can Brandon help at each stage?

Under investigation or charged

If federal agents are investigating you or you have been charged, talk to a lawyer before you talk to agents. A lawyer can explain the charges, the evidence, and your choices.

Appeals and 2255 motions

Brandon Sample wrote The Habeas Citebook: Ineffective Assistance of Counsel, a book about claims that a defense lawyer’s work fell below what the Constitution requires.

Sentencing

Federal sentencing works differently from state court. The judge must calculate the U.S. Sentencing Guidelines range and then weigh other factors listed in 18 U.S.C. § 3553(a), such as your history and the details of the offense. Your lawyer can challenge errors in that calculation and give the judge reasons for a lower sentence.

Clemency: pardons and commutations

The firm can research, write, and file a federal clemency petition with the Office of the Pardon Attorney at the Department of Justice. The President decides whether to grant it.

Compassionate release

If someone you love is in federal prison and is very sick, disabled, or elderly, a compassionate release motion may be an option. First, the prisoner usually asks the warden to file it. The prisoner can then go to court once the Bureau of Prisons (BOP) appeal process is finished, or 30 days after the warden gets the request, whichever comes first (18 U.S.C. § 3582(c)(1)(A)). The judge decides, and there is no guarantee.

About Criminal Center

Criminal Center is a federal criminal defense firm. It represents clients across the country before trial, at trial, at sentencing, on appeal, and in habeas corpus cases (challenges to a conviction or sentence after it is final).

What should you do next?

Book a consultation to talk it through with Brandon Sample.

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