Charges for child pornography (also known as CSAM) can range from possession, receipt, distribution, manufacturing, or other related charges in both the state or federal courts. Under the various statutes, the material can include online files, videos, print materials, photos, and other online materials. There are multiple ways in which a person can find themselves…
Continue reading ›This week, the U.S. Supreme Court will decide if law enforcement needs to be more specific in their applications for search warrants for phones. At issue this week specifically is whether law enforcement can use broad geofence warrants to gather information about an alleged crime. In the case before the Supreme Court, the issue is…
Continue reading ›What is AI-Generated CSAM? Synthetic child sexual abuse material (CSAM) may not involve a camera or physical contact but it will depicts a child in a sexual context and thus is subject to regulation. Artificial intelligence is used to create realistic images or videos of children in sexual situations. Sometimes, these materials depict completely fabricated…
Continue reading ›Being charged with a federal crime can result from allegations of violating a federal criminal statute. All cases are prosecuted by the Department of Justice prosecuted by a “AUSA” – Assistant United States Attorney. All cases are investigated by agencies like the FBI, ATF, or DEA. STEPS IN THE FEDERAL CRIMINAL PROCESS (Note: this blog…
Continue reading ›Tax evasion is a potential criminal charge. Tax avoidance is perfectly acceptable. 26 U.S.C. § 7201 defines what is tax evasion. It states in relevant part that any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties…
Continue reading ›Fraud is a concept that has been in the criminal justice system forever. Google defines it as an intentional deception used to gain an unfair advantage or benefit, often involving financial gains. How does the Department of Justice prosecute fraud? Below is a non exhaustive list of charges that the DOJ can bring. The FBI…
Continue reading ›A federal criminal trial consists of several different stages. The below will analyze a ONE defendant trial. But, more often than not, trials can consist of multiple defendants at trial. This just augments the time needed for each stage. Jury Selection also known as Voir Dire Jury selection is one of the most important parts…
Continue reading ›Acceptance of responsibility is a concept in that appears in many federal criminal cases. It refers to the idea that a defendant acknowledges their culpability for the offense they are charged with. This is not just admitting guilt, but also demonstrating remorse and a willingness to cooperate with authorities. The defendant must genuinely take responsibility…
Continue reading ›Under 18 U.S.C. § 3564(c), a federal court may modify or terminate a term of probation, or supervised release, that has been previously imposed. For a federal misdemeanor, a term of probation can be modified or terminated at any time. For felonies, however, the defendant must have completed at least one year of their federal…
Continue reading ›What is Bitcoin money laundering? Bitcoin money laundering is the process of using Bitcoin to conceal the origins of illegally obtained money. This can be done by transferring the Bitcoin to multiple accounts, mixing it with other Bitcoin, or using it to purchase goods or services. Some believe that Bitcoin transactions are anonymous. There are,…
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