Drugs
Conspiracy
Fraud & White Collar
Computer Solicitation Sex Crimes
Guns
Immigration Crimes
Appeals

Grey Tesh, an experienced Federal drug crimes lawyer, can help you with your drug charges. Drug charges many times involve Drug Trafficking, Drug Possession of Marijuana, Possession With Intent to Distribute Cocaine, Sale of Cocaine or other Drugs, Importation of Heroin or other Drugs, and Conspiracy charges.

Example of a Recent Win in a Federal Drug case

Recently, Grey Tesh filed a motion to suppress in a federal drug case involving two separate grow houses for marijuana in South Florida. Grey Teshs client was facing up to 160 years in prison. Federal agents and police entered into a house just after midnight without a search warrant. The issue was whether consent was freely and voluntarily given by a Spanish speaking couple who did not understand English. The client was initially charged by indictment with:

-Conspiracy to maintain a place to manufacture or distribute marijuana, facing 20 years, $500,000 fine and 3 years supervised release.

-Maintaining a place to manufacture or distribute marijuana, facing 20 years, $500,000 fine and 3 years supervised release

-Conspiracy to manufacture, distribute and dispense 100 or more marijuana plants, 5 year minimum mandatory prison sentence, 40 year maximum, $2,000,000 fine, 5 years supervised release

-Possession with intent to manufacture, distribute, and dispense 100 or more marijuana plants, 5 year minimum mandatory prison sentence, 40 year maximum, $2,000,000 fine, 5 years supervised release

After the motion to suppress was heard, Grey Tesh, an experienced Federal drug crime attorney, negotiated a plea deal for the Federal government to drop all counts (maximum of 160 years in prison). In exchange, Grey Teshs client would plead guilty to one count of misdemeanor possession of marijuana with no jail time.

Drug Treatment instead of Prison

Drug treatment is a better resolution for the client and the government. When drug treatment instead of prison time is negotiated, Grey Tesh will work with drug counselors to get you back on your feet.

Grey Tesh, Federal drug defense lawyer, helps the accused with all drug charges like:
Cocaine, Crack Cocaine, Marijuana, pot, weed, Meth, Crystal meth, Methamphetamine, Heroin, Prescription drugs, oxycontin, ecstasy (principally MDMA), LSD, Mushrooms, PCP.

Defenses to get your case dropped

Grey Tesh has successfully defended against drug charges based on whether federal agents or police violated his clients constitutional rights. As a general rule, police or federal agents may not enter your house or hotel room without a search warrant. If the government violates your fourth amendment rights, your drug case may be suppressed, or thrown out of court. Early intervention in Federal criminal defense matters, specifically drug offenses, can be essential to getting your charges reduced or dropped.

Anti-Trust Violations
Antitrust violations are acts that break U.S. antitrust laws, such as the
Sherman and Clayton Antitrust Acts. These laws were designed to stop
restraint of trade/competition in most industries. Antitrust laws were also
designed to protect consumer rights by preventing disruption of the free
market. Violations such as price fixing, bid rigging, and market
allocation, are the most severe violations of antitrust laws. These crimes
can be punished criminally by up to $1 million in fines and ten years in
prison. More minor violations include tying and vendor lock-ins.

The Antitrust Division of the Department of Justice and the Federal Trade
Commission prosecute most antitrust crimes, though civil trials are common
in antitrust cases that do not involve the severe violations listed above.
Over the years, enforcement of antitrust laws has become more stringent, and
several alternate sentences allow companies to sustain even larger penalties
than the maximum for individuals. Antitrust litigation is quite complex and
generally requires the specialized legal knowledge of an experienced
antitrust attorney.

Asset Forfeiture
Asset forfeiture is seizure of funds or property used to fund criminal
activity, by the government. Typically assets are forfeited in cases of
illegal drug trafficking. Two types of forfeiture cases can be brought, 1.
criminal, and 2. civil. Most forfeiture cases brought are civil. Two
statutes apply to both civil and criminal asset forfeiture proceedings18
U.S.C. 982 and 21 U.S.C. 881.

Under federal law no criminal charges or convictions are required in civil
forfeiture proceedings. In civil forfeiture proceedings, the federal
government brings suit against the property in question, with the property
owners as third parties. In these proceedings the burden of proof is on the
property owners to prove that their property was not used in criminal
activity by a preponderance of the evidence (a level of proof that persuades
a judge or jury that, given the evidence, the owner has proved more likely
than not that their property was not used for criminal activity).

The National Assets Seizure and Forfeiture Fund was established by the
Department of Justice established in 1985 and realized $27 million from
drug-related forfeitures that year. Many states have since created their own
civil forfeiture programs. The States have used forfeiture laws on their
own, and in cooperation with the Federal government, to deal with local
concerns ranging from unsafe housing to prostitution, and even in criminal
DUI cases.

Economic Crime and Fraud

Check Fraud
Writing a check on a closed account, or where there are insufficient funds
to cover the check, forging a check, altering a check, or counterfeiting a
check, can result in Check Fraud charges.

Credit Card Fraud
Using a credit card attached to a closed account, or that has been lost, or
stolen, in order to purchase anything of value, can result in being charged
with Credit Card Fraud.
.

Disaster Fraud
Following any natural disaster, or catastrophe, any activity which is
designed to defraud citizens or the government, can result in charges of
Disaster Fraud.

Embezzlement
Embezzlement is the fraudulent appropriation of property or money entrusted
to a person's care but owned by someone else, to his or her own use. For
example, a clerk or cashier can embezzle money from his or her employer; a
civil servant can embezzle funds from the treasury.
The Federal Bureau of Investigation (FBI) defines embezzlement as the
"misappropriation or misapplication of money or property entrusted to one's
care, custody or control."

Environmental Crime
Violations federal, state, or local environmental standards by endangering
human health and the environment by act or omission, may constitute an
Environmental Crime.

Health Care Fraud
Knowing and intentional deception or misrepresentation, which results in
some unauthorized medical payment or benefit to a person, entity, or to a
third party, can result in charges of Health Care Fraud.

Identity Theft
It is a federal crime, pursuant to the Identity Theft and Assumption
Deterrence Act of 1998, to knowingly transfer or use the identifying
documentation of another person without legal authority, and with the intent
to commit, aid, or abet unlawful criminal activity.

Insurance Fraud
Making an insurance claim or increasing the amount of a claim by deceptive
statements or misrepresentations regarding the nature of the loss can result
in charges of Insurance Fraud. Insurance Fraud is a form of theft by
deception.

Money Laundering
Filtering dirty money, or the proceeds from illegal activities, through a
series of transactions until the funds appear to be proceeds from legal
activities, is illegal and can result in charges of Money Laundering.

Organized Crime
Any ongoing criminal enterprise that operates in order to profit from
illegal activities, whose existence is maintained using force, threats,
monopoly control, and/or the corruption of public officials, is categorized
as an organized crime and can result in serious criminal charges.

Securities Fraud
Any manipulative or deceptive activities which affect the purchase or sale
of a securities, usually including the misrepresentation or omission of
material information is Securities Fraud and can result in serious criminal
charges. The Securities Act of 1933 and the Securities Exchange Act of 1934
are two laws which seek to counter this type of criminal activity in order
to protect investors.

Telemarketing Fraud
Any scheme designed to obtain money or property from victims using
dishonesty, and deceptive behavior using telemarketing, is Telemarketing
Fraud, and can result in serious criminal charges.

Bankruptcy Fraud
Concealment and misrepresentation of assets as part of bankruptcy
proceedings can constitute Bankruptcy Fraud. Bankruptcy statutes can be used
in the prosecution of both individuals and organizations. Title 11 of the
U.S. Code addresses Bankruptcy Fraud, and criminal sanctions for Bankruptcy
Fraud are located in Title 18 of the U.S. Code, 152 and 157.

The Internal Revenue Services Criminal Investigation Bankruptcy Fraud
Program is the government agency charged with investigating Bankruptcy Fraud
Cases. Following investigation by the IRS, cases are referred to the
Department of Justice for prosecution. In 2006 the average sentence for
those convicted of Bankruptcy Fraud was 29 months in either federal prison
or some other form of detention.

Those convicted of bankruptcy fraud face fines, imprisonment of no more than
five years, or both. If you are under investigation or face prosecution for
bankruptcy fraud, it is important to seek the counsel of an experienced
bankruptcy fraud defense attorney as soon as possible.

Bribery
Where someone who is an official exchanges influence over official duties
for anything of value, either directly or indirectly, bribery charges may
result. Any person who is entrusted to oversee the business of the public
may be considered an official. Merely promising something of value in
exchange for official misconduct may be considered a bribe.

Bribery is addressed in Title 18 of the U.S. Code. Specifically, Sections
201-209 address crimes related to influencing officials by using various
means. Additionally, the code deals with bribery as it relates to other
crimes.

The FBI has jurisdiction over most types of federal bribery cases. The U.S.
Postal Service also has jurisdiction in cases where bribery involves the
mail.

Individuals found guilty of bribery face up to 15 years in prison as well as
steep fines and possible civil action.


Business Fraud and Theft
Where an employee commits a theft against his/her employer, and that the
employee attempted to conceal the theft and used the assets for personal
gain, Business Fraud charges may result.

Business fraud and theft sanctions are addressed in 18 U.S.C. 641-649.


Child Pornography Crimes
Child pornography is the consumption or production of images of minors
engaged in activities which are inappropriate or sexually explicit. Nudity
is not always required for an image to be called child pornography. Though
the definition of child pornography depends on the court where the case is
prosecuted, child pornography remains is a serious federal crime prohibited
by 18 U.S.C. Chapter 110, which addresses Sexual Exploitation and Other
Abuse of Children.

Maximum penalties for distributors may be up to 15 years federal prison, and
up to 5 years for consumers. Agencies from the FBI down to state and local
law enforcement regularly conduct operations to identify and prosecute child
pornography perpetrators.

Cybercrime and High-Tech Crime - White Collar Crime

Computer Crime
Computers and the Internet are increasingly used in a wide variety of
crimes. Computer software programs as well as the internet may be
manipulated in order to conduct a wide variety of criminal or fraudulent
activity. Computer crimes may also target computers themselves by attacking
the content of computer operating systems, programs, email or computer
networks.

Internet Fraud
Internet fraud is any fraud scheme using the Internet to present fraudulent
solicitations to prospective victims, to conduct fraudulent transactions, or
to transmit the proceeds of fraud to financial institutions or to others
organizations or individual connected to the scheme.

Conspiracy
A conspiracy may be charged where two or more people enter into an agreement
to commit a crime, even if the outcome of that illegal activity would be
legal. Conspiracy is addressed by Title 18 of the United States Code.
Conspiracy is a serious crime. Penalties for federal conspiracy include as
much as five years in federal prison.

While conspiracy is a serious crime, it is important to note that many State
laws only address conspiracy charges where actions were actually taken to
carry out the conspiracy. Many agencies, such as the FBI, DEA or another
federal or state agency, may prosecute conspiracies, which agency is
determined by the type of conspiracy involved. Because of the serious
nature of the crime of conspiracy, as well as the types of penalties one
convicted of conspiracy may face it is important to hire an experienced
criminal defense lawyer to assist with your conspiracy case, as soon as
possible.

Counterfeiting
Counterfeiting involves the creation of forged (fake) versions of bills,
checks, bonds, or other valuable documents. In order to be guilty of
counterfeiting, a person must have intent to deceive or defraud.

Many crimes may be categorized as counterfeiting. Possession of paper
closely resembling the paper used by the Treasury to print money may result
in being charged with a Class B Felony. Regulations regarding forgery crimes
such as forging military discharges (498) and changing the VIN on your car
(512) are addressed by Title 18 of the U.S. Code, Chapter 25.

The investigation and enforcement of counterfeiting of U.S. obligations ans
securities is under the direct jurisdiction of the U.S. Secret Service. The
Secret Service Financial Crimes Division may also investigate forgery of
government bonds, checks, and other bank fraud.

Individuals may be accused of counterfeiting without even knowing that the
currency or other instrument in their possession was forged. A person
arrested under these circumstances may face charges, including conspiracy.
An experienced criminal defense attorney may be able to limit the charges,
mitigate the sentence, and provide the best opportunity to get charges
dropped.

Credit Card Fraud
Credit Card Fraud charges may result from crimes such as, counterfeiting
credit cards, using lost or stolen cards, and fraudulently acquiring credit
cards through the mail. Another form of Credit Card Fraud is
misappropriation, the crime of using a credit card number by itself to
make purchases. Credit Card Fraud crimes are investigated and prosecuted
primarily by the U.S. Secret Service. However, other state and federal
agencies may pursue Credit Card Fraud cases.

Credit Card Fraud crimes, and penalties are explained by Title 18, 1029 of
the U.S. Code, which more broadly addresses the category of Fraud and
Related Activities in Connection With Access Devices. An access device is a
mechanism which allow access to account funds. Examples of access points
may include devices such as, credit cards themselves to telecommunications
equipment to PIN codes to counterfeit cards. Most credit card fraud today
takes place through the computer and internet.


Cyberstalking
Charges of Cyberstalking may result from the use of electronic means such as
the internet, chat rooms, or social networking Websites, to track down,
threaten, and harass an individual. No federal legislation exists singling
out Cyberstalking as a federal crime, however, legislation has been
introduced. Though the methods for perpetrating stalking via electronic
means vary greatly, except where specific cyberstalking laws exist,
traditional stalking laws are still used to prosecute offenders.

Cyberstalking can be distinguished from its conventional counterpart
chiefly because Cyberstalking may take place regardless of the distance
between stalker and victim. As with other types of stalking, direct physical
contact is typically absent. Additionally, Cyberstalking harassment may
consist of malicious rumors posted on social networking sites (such as
Myspace, or Facebook), sending offensive or threatening email, or attempting
to disable the victims computer by using a virus, or other malicious
computer program.

Drug Crimes
Many offenses may be classified as drug crimes. Drug Crimes range from
simple possession of a small amount of certain drugs, to more serious
charges like drug trafficking, or manufacturing, importation, and
distribution of drugs.

Drug Crimes may be brought against a person in either Federal or Florida
State Court, depending upon which laws were violated and the policies and
procedures which apply to each court system. Prosecutors may classify drug
charges based upon available resources, the statutes which apply to the
crimes charged, punishment in each system, as well as policy considerations.

Federal and State Drug Laws
The Drug Abuse Prevention and Control Act classifies drugs into five
categories, listed in schedules, the Act also establishes regulations and
penalties for the misuse of drugs listed on each schedule.

Schedule I and II drugs, including heroin, LSD, mescaline, marijuana,
peyote, opium, cocaine, methadone, amphetamines, and meth-amphetamines, are
the most severely restricted and penalized drugs.

Drug-Related Crimes
Charges relating to drugs, and drug trafficking carry serious penalties,
particularly when they are prosecuted pursuant to federal law. Under the
federal sentencing guidelines scheme, generally the higher the offense
level, the harsher the sentence. Depending on the type of drug, and the
amount of drugs involved, the base sentence in the Federal sentencing scheme
varies.

Though sentencing guidelines frequently change, current information on
Federal drug-related crime regulations and penalties are available at:
http://www.dea.gov/pubs/csa.html.

Drug Trafficking
Drug trafficking involves the transportation and distribution of drugs.

Searches & Seizures in Drug Cases
If the police have probable cause a legitimate search of persons or
property, and seizure of both persons and property, even without a warrant,
may take place. However, if the police act without probable cause, or
exceed their Constitutional authority, any search or seizure may be deemed
invalid and any resulting evidence tainted by the illegal actions of the
police may be inadmissible.

Grand Juries and Drug Cases
All capital and "infamous" crimes must be brought by an indictment issued by
a grand jury, pursuant to the Fifth Amendment. A grand jury is charged with
determining whether evidence exists, sufficient to bring charges against one
or more individuals. The grand jury may also refuse to indict someone where
there is insufficient evidence to charge a crime.

Although criminal defense attorneys are not present in the grand jury room,
they still serve the essential role of advising both witnesses and those
persons whose actions are the subject of the grand jury proceedings.

Grand jury proceedings are closed to the public, in fact the person charged
does not even have the right to attend the proceeding or to present
evidence. Grand jurors and witnesses are sworn to not reveal anything about
the proceedings. The attorney representing someone who is called as a
witness in a grand jury proceeding may not be present inside the grand jury
room while testifying. The witnesss attorney may remain outside the grand
jury room and the witness may ask to leave the grand jury room to consult
with his or her attorney during questioning.


Embezzlement
When money or property goes missing that has been entrusted to an employee
or institutions, embezzlement may have taken place. There are other types of
embezzlement, as well. For instance, if mail is stolen by a postmaster or
letter carrier, it may constitute embezzlement. And if a person has property
legally entrusted to him (but not owned by him) and he uses that property
for personal gain, it could be an instance of embezzlement.

The various forms of embezzlement are described in Title 18, Chapter 31 of
the U.S. Code. The exact penalties depend upon the position of trust or
authority that has been exploited, and the amount that has been taken.
Public money exceeding $1,000, for example, can carry a prison term of up to
ten years and a fine as much as the value of the property embezzled,
according to 641.

Embezzlement is a serious charge and in most cases is considered a felony.
The consequences of a conviction might include prison, fines, restitution,
loss of the ability to be bonded, and more. And the stigma attached to the
crime can make the implication of guilt as damaging to ones professional
status as a conviction.

Environmental Law Violations
Environmental law violations are any act in violation of state or federal
environmental laws, such as the illegal dumping of a toxic substance into
the water or soil, which pose a significant threat of harm to people,
property, or the environment.

Federal and state agencies rely on frameworks established by sweeping
federal and state enactments, including the National Environmental Policy
Act, Environmental Quality Improvement Act, Environmental Education Act, and
many other specific statutes aimed at protecting the interests of the
environment.

Specific laws protect the air, water, wildlife, endangered species, forests,
climate, energy, and oceans. Other statutes are aimed to curb the illegal
use of pesticides and insecticides, dumping of solid and toxic wastes, and
to protect established environmental resource policy.

The Department of Justice, on behalf of the federal Environmental Protection
Agency (EPA), prosecutes violations of environmental law. States may also
have their own environmental protection agencies that operate to issue and
enforce environmental protection laws and rules at the state level. The
federal and state EPAs can also separately issue sanctions for violations of
the law without the involvement of the Department of Justice.

Environmental law violators are usually hit with criminal fines, probation,
jail time, or a combination of these penalties. If you or someone you know
is involved in an environmental law violation case and wants to know the
options available, consult an experienced criminal defense attorney- Grey Tesh.

Federal Criminal Appeals
A federal criminal appeal is the first line of contention against a guilty
verdict in a federal criminal case. Governed by the Federal Rules of
Appellate Procedure and the laws found in 18 U.S.C. 3732, federal criminal
appeals are quite different from normal trials. They take place in a special
appellate court that reviews the trial testimony in an attempt to find legal
errors. Unlike a regular court, the appellate courts do not render a not
guilty verdict if they find a legal error; instead, they usually order a
retrial that leaves the defendant open to another guilty verdict.

Trial testimony presented at a federal criminal appeal does not involve live
witnesses or actual evidence; instead, transcripts of the prior court
proceedings and legal briefs prepared by both the prosecution and the
defense factor into the courts review. On occasion, oral arguments are
ordered, but not always. While a federal criminal appeal does not guarantee
verdict reversal, some cases that are appealed are ultimately dismissed. The
right to an appeal is the same for every defendant unless the defendant has
pled guilty or waived his or her right to appeal through a plea bargain.

Federal Criminal Trials
Those accused of Federal Crimes may seek a Federal Criminal Trial. Federal
Criminal Trials are governed by the Federal Rules of Criminal Procedure, and
differ from jury trials in State court. A grand jury first reviews the
evidence and issues an indictment against the defendant, who is then charged
with a crime and tried either before a jury or a judge. Because modern
sentencing guidelines tend to reward guilty pleas fewer trials are heard for
Federal criminal charges, despite the increasing number of federal
investigations and prosecutions.

The standard of proof which must be established by the prosecution in a
federal criminal trail is beyond a reasonable doubt that the defendant is
guilty of the federal crime charged. If the jury unanimously renders a
guilty verdict, sentencing will take place.

Financial Fraud
Some White Collar crimes, including corporate fraud may involve Financial
Fraud charges.

Laws used to prosecute Financial Fraud, including 18 U.S.C. 1347 for
Health Care fraud, and 18 U.S.C. 1956 for Money Laundering are just a few
of the many federal laws which address Financial Fraud.

Financial Fraud cases are prosecuted by the Department of Justice. These
may include criminal activities such as: Fraud in connection with mutual or
hedge fund, including, late trading, certain market timing schemes,
falsification of net asset values, and other fraudulent or abusive trading
practices involving a mutual or hedge fund.

Investigations into Financial Fraud cases are done by the Federal Bureau of
Investigations (FBI), along with the Securities Exchange Commission (SEC),
the Internal Revenue Service (IRS), and other agencies.

Government Fraud
The making of false statements, false claims, mail fraud, wire fraud, and
conspiracy to defraud the government may result in charges of Government
Fraud. These charges may result from acts involved with federal government
contracting, federal and/or federally-funded entitlement programs,
agricultural programs, defense procurement fraud, educational programs, and
corporate fraud.

Often, charges related to government contracting involve bribery in
contracts or procurement, collusion among contractors, false or double
billing, false certification of the quality of parts and substitution
inferior parts, or false testing results.

Government fraud is addressed in 18 U.S.C. 1001 (false statements), 18
U.S.C. 287 (false claims), 18 U.S.C. 371 (conspiracy to defraud the
government), 18 U.S.C. 1341, and 18 U.S.C. 1341, 1343 (wire fraud).

Lawsuits may be brought by private citizens against a person or company who
is believed to have violated the law in performing contracts with the
government or in violation of government regulation. These actions are
called qui tam lawsuits, and the private citizens who file them are called
whistleblowers. Whistleblowers receive a percentage of the recovery against
the defendant. If the violations are significant, the federal government may
get involved in the lawsuit to ensure a proper and thorough investigation,
to be involved in any negotiations, and to aid in the success of the case.

Grand Jury Representation
All capital and "infamous" crimes must be brought by an indictment issued by
a grand jury, pursuant to the Fifth Amendment. A grand jury is charged with
determining whether evidence exists, sufficient to bring charges against one
or more individuals. The grand jury may also refuse to indict someone where
there is insufficient evidence to charge a crime.

Although criminal defense attorneys are not present in the grand jury room,
they still serve the essential role of advising both witnesses and those
persons whose actions are the subject of the grand jury proceedings.

Grand jury proceedings are closed to the public, in fact the person charged
does not even have the right to attend the proceeding or to present
evidence. Grand jurors and witnesses are sworn to not reveal anything about
the proceedings. The attorney representing someone who is called as a
witness in a grand jury proceeding may not be present inside the grand jury
room while testifying. The witnesss attorney may remain outside the grand
jury room and the witness may ask to leave the grand jury room to consult
with his or her attorney during questioning. Grand jury witnesses may
themselves be indicted. For this reason it is important to obtain legal
representation as soon as possible.

Medicare Fraud and Medicaid Fraud
The federal government may seek civil damages against healthcare providers
for submission of false or fraudulent bills. Most of these civil cases
arise from the False Claims Act (FCA), which empowers the Federal government
to take such actions.

The purpose of amendments to the FCA was to address fraud against the
Medicare and Medicaid programs. The intention of Congress was for all
providers to take ensure the accuracy of the bills submitted for
reimbursement. The law seeks to single out those providers who recklessly
allow fraudulent billing practices.


Insider Trading
The purchase or sale of any security or obligation in breach of a fiduciary
duty, or relationship of trust and confidence, which gives the person
knowledge of material, non-public information regarding the security, may
result in charges of insider trading.

The Securities and Exchange Commission (SEC) was established by The
Securities Exchange Act of 1934, codified at 15 U.S.C. 78a. This act also
formed the basis for regulation of the American financial markets.
Securities laws, including prohibitions against insider training are
enforced by the SEC, and state securities agencies.


Insurance Fraud
If an accident, injury, theft, arson or other loss is faked purposefully by
a person in order to collect money from an insurance company, charges of
insurance fraud may result.

Since most insurance fraud laws are State statutes most investigation,
enforcement, and prosecution of insurance fraud cases is done by State
insurance departments, state attorneys offices that do most of the
investigation, enforcement and prosecution of insurance fraud cases.

Some insurance fraud cases may be prosecuted by federal authorities because
the fraudulent activity is also a violation of federal law. Violations of
Title 18 of the U.S. Code, Section 1033 is also a charge prosecuted by
federal authorities. All prosecutions for Medicare, Medicaid or Tri-Care
fraud are handled by the federal authorities.


International Extradition
International extradition is the process by which an individual is
transported from a country where he or she is located to the nation
requesting transport in order to face criminal charges or serve a sentence.
The parties to an extradition proceeding are the two countries and the
person who is subject to extradition.

Section 18 U.S.C. 3184 addresses extradition. Pursuant to this section,
extradition may be granted only where there exists a treaty that addresses
extradition. However, some nations may grant extradition without a treaty.
Amendments to 18 U.S.C. 3181 and 3184 allows the United States to
extradite, without requiring existence of a treaty, persons (who are not
citizens, nationals or permanent residents of the United States), who are
accused of crimes involving violence against the United States and its
citizens in foreign countries.

Extradition requests are often denied where the suspect is sought for a
political crime. Many nations, such as Mexico, Canada and most European
nations, will not extradite if the death penalty may be imposed for the
crime accused, unless the nation seeking extradition assures that the death
sentence will not be imposed or carried out.


Mail Fraud
Where the U.S. Postal Services are used in any crime attempting to gain
money or valuables. Whether the crimes involve securities fraud, health care
fraud, tax fraud, or other offenses, the both the mail fraud, and the
underlying crime carry their own sanctions. Where Postal Service or private
carriers are used to commit such crimes, this may result in charges of mail
fraud and enhanced punishment, including separate federal prosecution for
crimes that would under other circumstances be matters of state
jurisdiction.

Charges involving use of the Postal Service in committing fraud may result
in fines, and imprisonment up to 20. Where the violation involves a
financial institution it will be punishable by a fine of up to $1,000,000,
and imprisonment for as many as 30 years. The use of fictitious names or
addresses via mail is punishable by a fines and/or up to five years in
prison.

Even attempt or conspiracy to commit mail fraud related crimes may be
punishable by the same penalties as those who actually complete the
offenses.

Mail fraud is relatively easy to prove, and is also commonly added as a
charge, the addition of which may make a criminal case much more complex.

Public Corruption
Charges of public corruption may be brought against officials at any level
of government for judicial, legislative, regulatory, contract, or law
enforcement corruption.

Cases of Law Enforcement corruption may involve law enforcement officers
accepting money to protect (or facilitate) drug-trafficking, or any other
organized criminal activity.

Section 18 U.S.C. 201 addresses bribery of public officials as well as the
statutory framework for bribery prosecutions.


RICO Cases
RICO stands for Racketeer Influenced and Corrupt Organizations Act. The Act
is codified in 18 U.S.C. 1961. The Act was designed to strengthen penalties
for crimes committed by or in conjunction with a criminal scheme or
organization as well as to address any two out of a list of 35 federal and
state crimes. To prove a RICO case the prosecutor must establish the
existence of a criminal organization and identify of a pattern of ongoing
racketeering activity. The crimes which may subject a person to RICO charges
include embezzlement, murder, obstruction of justice, arson, and
counterfeiting, among others. Alleged RICO violations must involve at least
two listed crimes over the course of ten years with like results or intent.
Civil plaintiffs with RICO claims may seek triple damages pursuant to a
provision of RICO.

Penalties for RICO violations may be severe, including fines of up to
$25,000, and/or up to 20 years prison.


Sex Crimes
Sex crimes include pedophilia, child pornography, rape, sexual assault,
incest and stalking. All are serious, especially crimes of violence that
involve force or threat of force.

State and local authorities investigate and prosecute sex crimes. Federal
investigators also get involved whenever the crimes involve multiple states.

Initial convictions for sex crimes can result in fines and prison sentences
from a few years to life, depending on the offense. Punishments vary
dramatically depending on the type of crime (i.e. sexual assault) and the
level of charge (misdemeanor, such as peeking, or felony, such as violent
rape). For example, Title 18 of the U.S. Code, 2242, dictates up to 20
years in prison for a conviction of sexual abuse, while sex-related
trafficking of children ( 1591) can result in a life sentence, depending on
the circumstances. The same is true for aggravated sexual abuse ( 2241)
where force or threats of injury are used against the victim.

States are clamping down on sex offenders, as well. For example, Florida's
2005 sex offender law increases the mandatory sentences for certain
predatory sex offenders in an attempt to make the law more punitive.

In light of the sensitivity of sex crimes, their potential sentences, and
the permanently damaging stigma attached to sex crimes, early representation
is a must for anyone facing such charges. Attorneys with experience
defending sex crimes are obviously the best able to understand the charges
and structure an effective defense.



Tax Fraud, Tax Evasion and Tax Crimes
Many federal white collar prosecutions are for tax crimes, such as tax
evasion, failure to file income tax returns, or tax fraud. Tax crimes are
those which are in violation of the criminal statutes of the Internal
Revenue Code (IRC) and/or Title 18 of the Code of Federal Regulations as
applicable to the IRC.

There are some special considerations to keep in mind if you are under
investigation for violations of the Internal Revenue Code. The typical
criminal tax case is investigated by the Internal Revenue Service Criminal
Investigation Division ("CID"). CID investigators are federal agents trained
in law enforcement techniques and tactics.

The consequences of IRS criminal investigations can be very serious. This is
why you need an experienced criminal attorney to guide you through the
process. These cases involve many types of conduct, ranging from the simple
intentional failure to file tax returns to more complicated tax evasion
schemes. The possible penalties include imprisonment, heavy fines, and
financial ruin.

What can a Federal Criminal Attorney Do for Me?
If you or your company is facing a criminal tax investigation for tax fraud
or tax evasion, a Federal Criminal Defense Attorney can:
Respond to government demands for information
Investigate possible legal and factual defenses
Represent you at trial and other proceedings flowing from the
investigation
Advise you on voluntary disclosures and correct procedures
Work to assist you with past tax errors
Negotiate with the IRS

At each of the IRS approval levels and at the Department of Justice Tax
Division level, an experienced criminal defense attorney may work to
convince government attorneys to decline prosecution of the case.
Even an experienced criminal attorney may not be able to prevent government
prosecution when the governments case against you or your company is
strong.


Trade Secret Theft
The Economic Espionage Act (18 U.S.C. 1831) prohibits trade secret theft.
The theft of trade secrets such as ideas, formulas, product designs, or
formulas, or conspiracy towards theft of trade secrets, may result in
charges of Economic Espionage where the theft results in economic gain from
the sale or gift of trade secrets to a foreign power.

Under United States law both U.S. citizens and foreign nationals may be
charged with Economic Espionage if their criminal activity causes injury to
the United States or to citizens of the United States. Economic Espionage
laws were designed to protect proprietary information such as, trade
secrets, products and information owned by businesses and business owners
from exploitation without compensation. These crimes are aggressively
prosecuted by the Department of Justice and sentences of up to 15 years in
federal prison may be imposed. Economic Espionage committed by corporations
may result in fines as high as $10 million for trade secret theft.



White Collar Crime
Crimes which are chiefly financial in nature are often called "white collar
crimes." Criminal sanctions for white collar crimes may include fines,
criminal forfeiture, and prison. White collar criminal charges often place a
person's professional and personal integrity at stake. Having an experienced
criminal defense attorney on your side is essential when facing white collar
criminal charges.

Because of the nature of white collar crime investigation, someone may be
under investigation for white collar crimes without even being aware.

Examples of White Collar Crime:
Antitrust violations
Bankruptcy fraud
Bribery
Computer fraud
Counterfeiting
Credit card fraud
Economic espionage
Embezzlement
Environmental law violations
Financial fraud
Government fraud
Healthcare fraud
Insurance fraud
Insider trading
Internet fraud
Kickbacks
Mail fraud
Money laundering
Phone fraud
Public corruption
Securities fraud
Tax evasion
Telemarketing fraud
Trade secret theft

Someone who is under investigation for a white collar crime may
inadvertently harm their case by making statements or meeting with law
enforcement in the early stages of the investigation. It is important to
consult an experienced criminal defense attorney before any meeting with law
enforcement investigators.

Fraud
Any deliberate misrepresentation of facts that result in damages (money
loss) to another may be classified as Fraud. Fraud is a serious offense
that can be brought against an individual or business. Though fraud laws
differ from state to state, the legal issues are complex and require the
expertise of an experienced criminal defense attorney.

In order to meet the burden of proof in a Fraud case the prosecutor must
establish that the defendant had prior knowledge and that factual
misrepresentations were voluntary. While lying by itself is insufficient to
prove fraud, it may certainly make up part of a fraud case. If the customer
or investor who is claiming fraud did not do a thorough investigation prior
to entering into an agreement the lack of investigation will weaken a fraud
accusation.

 

Federal White Collar Crime Lawyer

If you need a federal white collar crime lawyer because you have been charged with or are under investigation for any federal white collar criminal charge, contact Grey Tesh. He accepts Federal cases from across the United States.