Federal Defense Lawyer in Fort Myers

Department of Homeland Security investigations

DHS was formed 11 days after the September 11th attacks on the U.S. in 2001. The passage of the Homeland Security Act in November of 2002 made the agency a standalone department. DHS has six main objectives:

• increasing national preparedness, especially for catastrophic events
• creating improved transportation security systems to transport cargo and people more safely and efficiently
• strengthening border security and interior enforcement and reforming immigration processes
• enhancing the sharing of information with the agency’s partners
• improving financial management, human resource development, procurement, and information technology within the agency
• realigning the agency’s organization to maximize mission performance

Why the federal government investigates

Individual factors that prompt a government agency to investigate a crime depend on the unique facts of each case. Nevertheless, there are general situations in which the federal government will typically have jurisdiction to file federal charges against the accused. A federal agency may investigate a criminal matter if:

• the crime pertains to a matter that is reserved to the federal government by the Constitution
• the criminal activity crosses state lines
• the offense occurs on federal property
• the state lacks jurisdiction

In criminal investigations of offenses that have “concurrent jurisdiction” or cross state lines, both the federal and state governments may pursue charges against the accused. Therefore, the individual may be subjected to two criminal trials that arise from the same event without triggering the Constitution’s double jeopardy clause.

Who prosecutes federal cases?

The U.S. Attorney’s Office is responsible for prosecuting federal crimes. The U.S. Attorney has at least one office in each state. Florida has three offices: the Southern, Middle, and Northern Districts. Although an Assistant U.S. Attorney handles most cases, prosecutors employed by the office are typically among the best, brightest, and most experienced in their field. Therefore, defendants in federal court cases require the legal counsel, advocacy, and representation of an equally experienced attorney who is well-versed in the formalities of defending a case in federal court.

Federal drug charges in Fort Myers

Florida’s geography creates several advantages for drug traffickers. Therefore, drug-related offenses are the most common federal crimes in Fort Myers. All drug offenses that cross state lines are federal offenses.

Drug trafficking

Distribution is the federal version of a drug trafficking charge. This offense includes transporting, smuggling, or selling illegal or prescription drugs. Drug trafficking is a federal offense if it occurs across state lines or on federal property.

Federal drug possession

Federal drug possession is divided into two categories: simple possession and possession with the intent to distribute. The difference between the two charges depends on the quantity of controlled substance law enforcement claims to have found in the accused’s possession and the manner in which the substance is packaged. Both offenses require the accused to have had knowledge that the controlled substance was in his or her possession. An individual may be ruled to have been in possession of a drug if he or she has the substance within his or her control. Examples of areas that are within the individual’s control can include an individual’s vehicle, home, storage unit, locker, or bag. If a defendant is convicted on a charge of simple possession, the individual may be sentenced to a maximum of one year in prison and a fine of up to $1,000.

Possession with the intent to distribute

An individual can be charged with Possession With the Intent to Distribute if he or she is accused of having a large quantity of a controlled substance and if the substance is also divided into smaller amounts, presumably for individual sale. Actually delivery of the substance is not a requirement for conviction.

Cultivation or manufacture charge

A federal Cultivation or Manufacture charge can arise if an individual contributes to any step in the production process of a controlled substance. Those who sell the equipment or precursors used to produce a controlled substance may also be charged. Courts may impose a more severe sentence if drug manufacturing took place near a playground or a school.

Continuing criminal enterprise

The Continuing Criminal Enterprise (CCE) statute, also known as the Kingpin Statute, targets traffickers who are involved in large-scale narcotics operations and are involved in long-term, detailed drug conspiracies. Specifically, the statute prohibits engaging in or conspiring to commit with five or more people a series of violations of the Drug Abuse Prevention and Control Act of 1970. Individuals who are managers, supervisors, or organizers of the narcotics organization may be convicted if they have obtained substantial income or resources from the drug offenses. CCE is a capital offense if the defendant who participated in the continuing criminal enterprise intentionally killed someone or caused an intentional killing.

Federal drug conspiracy charges

Under federal law, drug conspiracy is defined as an agreement within which two or more people knowingly join to break one or more federal drug laws. Although the manner in which the law is written is very broad, conspiracy cases can mostly be classified into the following categories:

• Conspiracy to Manufacture a Controlled Substance
• Conspiracy to Import a Controlled Substance into the United States
• Conspiracy to Distribute a Controlled Substance
• Possession of a Controlled Substance With the Intent to Distribute

Federal fraud charges in Fort Myers

Fraud is a broad category that includes several offenses that can potentially occur within the jurisdiction of the federal government. Generally, fraud offenses have an element of intentional misrepresentation or deception. These crimes often have multiple victims and are perpetrated with the intention of receiving financial gain.

Federal mail and wire fraud

Mail fraud refers to deceptive schemes that utilize the post office, postal mail depositories, and other private or commercial interstate carriers to obtain money, property, or counterfeit items. Wire fraud refers to schemes that utilize wire, radio, television, writing, signs, signals, pictures, or sound to deceive with the intent to obtain money or property. Although mail and wire transactions do not always cross state lines, mail and wire fraud has been a federal offense since Congress enacted a federal law against this type of fraud in 1872. The definition of mail and wire fraud is broad enough to include a number of different modes of communication. Therefore, mail and wire fraud charges often accompany a variety of other federal criminal charges that involve deception for the purpose of deriving financial gain.

Tax fraud

Aside from tax evasion, there are several other types of federal tax crimes. The IRS often plays a critical role in investigating major crime rings that engage in other offenses like money laundering, identity theft, and other types of fraud. People who engage in criminal activity for financial gain most often do not report and pay taxes on their illegal income, or they provide false information on their tax documents.

Securities fraud

There are several different activities that constitute securities fraud. Examples are:

• Ponzi schemes
• high yield investment fraud
• pyramid schemes
• advanced fee schemes
• foreign currency fraud
• broker embezzlement
• hedge fund fraud
• late day trading

A famous example of securities fraud is the Martha Stewart insider trading case. Individuals who are charged with securities fraud may be subjected to criminal and civil penalties.

Healthcare fraud

The FBI investigates suspected healthcare fraud cases that affect federal government and private insurance programs. Virtually anyone, including medical care providers, patients, and identity theft rings can commit healthcare fraud. Examples of the many different types of healthcare fraud are:

• submitting multiple claims for a single service
• billing for service or supplies the patient never received
• submitting multiple bills for visits that should be billed as one service
• billing for a more expensive service than the patient received
• deceptive marketing
• identity theft
• voluntarily switching identities to allow someone other than the insured to receive covered services
• impersonating a healthcare professional
• prescription forgery
• diverting legally written prescriptions for illegal purposes
• doctor shopping

Federal embezzlement charges

Embezzlement occurs when an individual exploits his or her trusted position for personal financial benefit. An embezzlement case becomes a federal matter if the federal government has involvement in the accused party’s job, the agency for which he or she works, or if there is a national interest in other facts in the case. The federal government also has jurisdiction in cases in which the embezzler had access to the federal property or if the accused embezzled taxpayer money. In cases in which the assets embezzled totaled less than $1000, the defendant may not be sentenced to more than one year in prison and a $100,000 fine. If the assets were worth $1,000 or more, the defendant may be sentenced to up to 10 years in federal prison and a maximum fine of $250,000.

Immigration fraud

Fraudsters seek to scam the immigration system in several different ways. Contrary to the rhetorical imagery of people sneaking into the U.S. via watercraft or by crossing the border by land, most instances of immigration fraud are designed to victimize unsuspecting people who are seeking to immigrate to the U.S. Common immigration scams include:

• fraudulently charging to file immigration forms
• fake government emails being to request I-9 forms from employers
• “notarios publicos” scams
• fraudsters pretending to be government agents who request payment by phone or mail
• visa lottery scams
• fake government websites that collect visitors’ personal information
• fraudulent job offers and illegal employment schemes
• fake colleges and universities claiming to be able to sponsor international students
• fraudsters pretending to be government agents who can help applicants skip the line
• fraudsters requesting money and personal details from Afghan parolees

The Department of Homeland security investigates immigration fraud. Most people are familiar with Immigration Control Enforcement (ICE), which is a department within DHS. The United States Citizenship and Immigration Service is another department within DHS that also investigates immigration fraud.

Bankruptcy Fraud

Federal bankruptcy courts preside over all bankruptcy proceedings. Therefore, any criminal acts of fraud that may occur during the bankruptcy process are automatically categorized as federal offenses. Like most types of fraud, bankruptcy fraud occurs in many different versions. Nevertheless, the general definition of fraud involving bankruptcy is to knowingly make false statements or misrepresentations with the intent to commit an act of fraud during the bankruptcy process. Some examples of bankruptcy fraud include:

• concealing assets from a bankruptcy trustee
• bribing or attempting to bribe a bankruptcy trustee
• misstating the value of an asset
• accumulating debt with the intent to file for bankruptcy
• filing in multiple jurisdictions to exploit the bankruptcy process
• petition mill schemes that defraud people who have financial debt

Mortgage fraud

Although there currently is no federal statute that directly grants the federal government jurisdiction over mortgage fraud cases, the U.S. Attorney’s Office aggressively pursues mortgage fraud as a federal offense. To establish jurisdiction, the federal government will typically leverage other federal statutes to file federal charges in mortgage fraud cases. Mail and wire fraud and bank fraud charges are common in mortgage fraud cases because these types of fraud are specifically covered by federal statutes. Mortgage fraud cases are classified as “fraud for profit” or “fraud for housing.” Examples of mortgage fraud include:

• using a straw purchaser to mask the actual buyer
• house flipping schemes
• inflated appraisals
• occupancy fraud

Federal violent offenses

Violent crimes are most often prosecuted as state offenses. Nevertheless, there are certain factors that can give the federal government jurisdiction over what might otherwise be a state crime. Violent offenses can be prosecuted in federal court if:

• the victim is a federal official
• the offense crossed state lines
• the offense occurred on federal property
• the case involves organized crime or gang violence
• the victim was kidnapped
• the offense was a mass killing
• the defendant is accused of serial killing or sniping
• the offense may have involved a hate crime
• the victim is a child

Federal RICO charges

Congress passed the 1970 RICO statute to prosecute members of organized crime groups who engage in racketeering. An individual may be subjected to federal charges under the RICO statute if he or she committed at least two acts of racketeering within a 10-year period. The following crimes may constitute racketeering activity:

• bribery
• counterfeiting
• theft
• embezzlement
• fraud
• obstruction of justice
• gambling
• murder
• kidnapping
• extortion
• arson
• robbery
• murder-for-hire
• human smuggling
• slavery
• acts of terrorism

In total, federal law identifies 35 crimes and racketeering activity. RICO cases can easily carry a life sentence in prison as federal RICO charges are added on top of the original charges for the underlying crimes upon which federal prosecutors base a RICO case.

Federal kidnapping charge in Fort Myers

According to the 1932 federal kidnapping statute, the federal government has jurisdiction over certain cases involving kidnapping. These situations include:

• cases in which the victim is willfully transported in interstate or foreign commerce
• kidnapping that occurs within maritime or special jurisdictions in the U.S.
• kidnapping within the special aircraft jurisdiction of the U.S.
• a victim who is a foreign or official, internationally protected people, or official guest as defined by federal law
• a victim who is a federal officer or a federal employee
• international parental kidnapping

Human smuggling

There are several different types of human smuggling, all of which are illegal. Congress has enacted a comprehensive law that generally bans the smuggling of humans. The main goal of the law is to target people who help non-citizens, also referred to as “aliens,” enter the country in a manner that does not comply with the current immigration laws in the U.S. The most common examples of human smuggling are:

• bringing an alien into the U.S. through an unofficial checkpoint, even if the person has permission to be in the U.S.
• transporting an alien domestically with the knowledge or reckless disregard for the person’s illegal immigration status
• concealing, harboring, or hiding from detection any alien
• encouraging or inducing illegal immigration
• conspiring or aiding and abetting in a human smuggling offense
• bringing aliens to the U.S. without authorization
• knowingly hiring at least 10 unauthorized aliens within a 12-month period

Bank robbery

Banks are federally-protected financial institutions. Therefore, bank robbery is a federal offense. The federal bank robbery statute outlines all the elements a criminal offense and specifies which financial institutions are protected. In addition to banks, the statute also applies to credit unions and savings and loan associations. Not only does federal law prohibit the act of robbing a bank, but individuals may also be charged with bank robbery if they knowingly receive, conceal, sell, or otherwise dispose of money or property that was taken by force from a protected financial institution. Federal courts may increase sentencing if the defendant assaulted, kidnapped, or killed anyone while in the process of robbing a bank.

Post-conviction relief

Defense attorneys are not all the same. Some people believe they may have been convicted on a criminal charge because their attorney did not provide adequate legal representation. Defendants are allowed to request a new attorney after conviction to appeal the case outcome or have a retrial. This is called “post-conviction relief.” Fort Myers federal defense lawyers are available to file a post-trial motion whether a defendant received an unconstitutional or unfair outcome or if the individual’s previous attorney refuses to file an appeal on the client’s behalf.

Federal appeals

Defendants who require the representation of a Fort Myers federal appeals attorney should choose a lawyer who is highly experienced with the post-conviction relief process. A seasoned federal appeals attorney will possess the skills to thoroughly study the previous trial transcript and construct a well-written brief. The best federal appeals attorneys are able to determine the most appropriate legal issues to raise that are most likely to yield a successful outcome for their client.

Federal court attorney in Fort Myers

Federal cases typically carry must steeper consequences. If you or someone you know is facing one or more federal charges, invest in an attorney who can provide the individualized attention and legal expertise a federal case requires. We represent people who are under investigation and federal defendants at every stage of the criminal court process, even after conviction. Contact our Fort Myers federal defense attorney to receive the representation you deserve. Our compassionate, courteous staff will provide conduct an interview to receive the facts of your case. Call us today to receive a free, confidential case evaluation.