Los Angeles Federal Criminal Defense Attorney
Criminal Defense Lawyers Defending People Accused of a Federal Crime Offense
If you are accused of violating a Federal law, as opposed to a State law, your case will be in Federal Court. Federal laws are laws passed by the United States Government. Many crimes are violations of both Federal and State law. In those cases, whether or not the case is heard in Federal or State court typically depends on who the arresting agency was. If the FBI conducted the investigation and handled the arrest, it would likely be a Federal case, while if the local Sheriff's Office investigated and handled the arrest; it would likely be s State case.
This is why you need to consult with a federal criminal defense lawyer as soon as you learn you may be the target of an investigation. We provide effective defense against any type of federal white collar or fraud related crime and provide a stategic approach to sentencing in order to stay out of federal prison. We understand relevant pretrial motions that can be filed in your defense.
Federal cases tend to be more serious and are typically focused on a few area of crime: white collar crime, manufacture and trafficking of narcotics, drug conspiracy, child pornography, and terrorism. The determination of sentences in federal cases is also performed differently than state cases. See related: Federal Criminal Defense and Sentencing.
Federal Sentencing Guidelines
The Federal Sentencing Guidelines provide a method of using points to calculate the severity of the offense. The guidelines look at factors such as how much money was lost, how many drugs were manufactured, and so on. The guidelines then combine these different factors to calculate a total offense level.
Based on the offense level and the criminal history of the defendant, a guideline range for an appropriate sentence is produced. For example, if you have an offense level of 23 and a couple of prior convictions that place you in a Category II criminal history, your guideline range would be 51-63 months in Federal prison.
Judges often sentence individuals to somewhere within that range, although lower sentences can still be argued for. It's important to note there have been changes in federal sentencing under the First Step Act. Consult with a Los Angeles federal criminal defense attorney at our law firm for more information. Let's examine the most common federal crime cases in Los Angeles below:
Mail Fraud - Wire Fraud 18 U.S.C. 1343, 1341
The prosecution needs to be able to prove each and every one of the elements of an offense beyond a reasonable doubt in order for you to be convicted at trial. If the prosecution cannot prove even just one element beyond a reasonable doubt, the jury is required by law to find a not guilty verdict.
It is for this reason that an understanding of all of the elements of an offense is critical to preparing a defense for your case. A federal criminal lawyer at our law firm can explain in greater detail.
Accordingly, for the crime of wire fraud or mail fraud, the elements are:
(1) You were knowingly involved in a plan to defraud to obtain money or property; AND
(2) You made statements or omitted facts that were material to the plan and had a tendency to influence someone to part with his or her money; AND
(3) You had the intent to defraud; AND
(4) You used a wire or mail communication as an essential part of carrying out your scheme.
A wire fraud case can occur when someone e-mails out advertisements encouraging people to invest in his company but lies about what his company actually does. Wire fraud also can involve the use of telephones and fax machines. A mail fraud case can occur when someone mails out advertisements encouraging people to invest in his company but lies about what his company actually does.
In Federal cases in Los Angeles, a set of guidelines advises judges on how to appropriately sentence an individual. The guidelines incorporate factors such as the offense itself, any egregious elements of the offense, and the defendant’s criminal history. By combining these factors, judges are given a sentencing guideline range (53-71 months) and judges often select a sentence from that range.
Defendants, however, are free to both dispute the calculation of the sentencing guideline range and to argue for a sentence below the guideline range. The statute for wire fraud, however, states that the maximum sentence is 20 years in Federal prison. See related: Fraudulent Conveyance Laws in California.
Available challenges by our experienced Los Angeles federal criminal defense lawyers always depend on the facts of the case. One of the best methods of attacking a charge of wire fraud is to attack each of the elements of the offense. Our federal attorneys will look for facts that demonstrate you did not have intent to defraud, that no material statements or omissions were made, and that the materials sent through the wire were not relevant to any scheme.
18 U.S.C. 1344: Bank Fraud
For the crime of bank fraud in Los Angeles, the elements are:
Anybody who knowingly executes, or attempts a scheme or artifice to defraud a financial institution, or to obtain funds, assets, securities, or other property owned by a financial institution by fraudulent pretenses or representations will be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
A bank fraud case can occur when a company promises you money working at home and then asks you help them by accepting a payment and then sending them money. Related blog: Ex Glendale Bank Manager Pleads Guilty to Federal Bank Fraud. Consult with our Los Angeles federal criminal defense attorneys for more information.
18 U.S.C. 1347: Health Care Fraud
For the crime of health care fraud in Los Angeles, the elements are:
Whoever knowingly executes, or attempts a scheme to defraud a heath care benefit program, or obtain by fraudulent pretenses, representations, any of the money or property under the custody or control of, any health care benefit program. There are many different types of health care fraud offenses in federal court, including the False Claims Act under 18 U.S.C. § 287. The Anti-Kickback Statute under 42 U.S.C. § 1320a-7b prohibits anyone from soliciting or receiving remuneration in exchange for referring a patient for services where a federal healthcare program pays.
18 U.S.C. 1348: Securities Fraud
For the crime of securities fraud, the elements are:
Whoever knowingly executes, or attempts a scheme to defraud anyone in connection with a commodity for future delivery, or any option on a commodity, or any security of an issuer with securities registered under the Securities Exchange Act of 1934 or required to file reports under section 15(d) or obtain by fraudulent pretenses or promises, any money or property connected with the purchase or sale of aa commodity, or any option on a commodity, or security of an issuer with a class of securities registered Securities Exchange Act will be fined or imprisoned not more than 25 years or both.
Contact a Los Angeles Federal Criminal Defense Lawyer
A Los Angeles federal criminal defense lawyer from our law firm has decades of experience defending individuals facing any type of federal criminal offense.
Our defense lawyers have a track record of success in federal crime cases including bank fraud, bank robbery, bribery, child pornography, sexual exploitation of children, selling or buying of children, federal child pornography, bankruptcy fraud, extortion, money laundering, counterfeiting, healthcare fraud, false statements, internet crimes, insider trading, mail fraud, wire fraud, Medicare fraud, public corruption, RICO violations, Foreign Corrupt Practices Act, weapons crimes, federal appeals, perjury, among others. See related information: California Extradition Laws.
Our Los Angeles federal criminal defense law firm believes every client deserves the best quality legal representation. We completely understand the stress associated with a federal criminal investigation. Our defense attorneys will provide you with individual attention and guide you through every step of the legal process.
Your personal and professional reputation is at stake. Our federal crime lawyers are skilled courtroom negotiators and know how a federal prosecutor will attempt to build their case against you. In certain cases, we may be able to argue a First Amendment free speech issue.
Due to the thorough criminal investigation you will most likely face from federal prosecutors, we highly recommend you contact the Los Angeles federal criminal defense law firm of Eisner Gorin LLP as soon possible. Reviewing all the potential evidence requires exhaustive research and investigation. Typically, federal crimes are long-term investigations that include several witnesses, extensive documentation, search warrants, and plea bargain deals that require specific expertise in the field of federal criminal defense.
For a free immediate response, call our office at 877-781-1570.
Related Pages: Federal Appeals | Federal Drug Crimes | Conspiracy
Related Blog: Social Media as Evidence in a Criminal Case