What Makes a Case Federal?

It is a common misconception that federal cases are more serious or more complicated than state cases. Hence the term, “Don’t make a federal case out of it.” While that is often true, that’s not what makes a criminal case federal. Federal cases involve violations of federal law and matters of federal jurisdiction. Many state cases are more “serious” than federal cases, including murder.

Certain offenses can be charged as either federal or state crimes, and federal and state prosecutors often work together to decide who will take the case. Cases that end up in federal court usually result in higher sentences than they would in state court because of federal mandatory minimum and maximum sentencing laws, as well as the federal sentencing guidelines. Federal cases are prosecuted by the local United States Attorney’s Office, whereas state cases are generally handled by the county prosecutor’s office.

Some common types of federal criminal charges include:

• Drug charges (federal drug charges often include manufacturing, distribution, and/or conspiracy to commit drug trafficking)
• Tax crimes and IRS investigations (including federal tax fraud and tax evasion)
• Healthcare fraud (including overbilling and unnecessary procedure claims)
• Financial crimes (including loan fraud, government benefits fraud, and wire fraud)
• Firearms offenses (including gun charges for felon in possession of a firearm, use/possession of a firearm during or in furtherance of drug trafficking, and possession of certain devices regulated by federal law like machine guns and firearms without serial numbers)
• Environmental crimes
• Child exploitation
• Grand jury investigations
• Criminal appeals

RICO (Racketeer Influenced and Corrupt Organizations Act)

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law that was signed and implemented in 1970 as a response to organized crime in the United States. Under RICO, defendants have the potential to face severe criminal penalties and potential civil suits for acts that are committed under the umbrella of a larger-scale criminal organization.

Under RICO, racketeering activity is defined as “predicate offenses,” which include activities such as kidnapping, bribery, money laundering, extortion, drug trafficking, gambling, and obstruction of justice. RICO crimes are severely penalized, with heavy prison sentences associated with each racketeering count, hefty fines, and required forfeiture of any property or assets acquired through means of racketeering.

A criminal pattern of behavior must be shown by prosecutors to charge someone under RICO. This means that within a 10-year period, it will need to be shown that they carried out at least two acts related to racketeering activity. If you are facing RICO charges, an experienced federal criminal defense lawyer can work to defend your charges by proving that no such patterns exist.

Individuals harmed by racketeering activities can file civil lawsuits under RICO against individuals or organizations, seeking financial damages. RICO cases can be extremely damaging for defendants. Therefore, it is critical to work with an experienced federal criminal defense lawyer who has a background as a federal prosecutor. They can bring their experience building federal cases to strengthen your defense, anticipating legal tactics and tricks.

Terrorism and National Security Crimes

National security and terrorism crimes are serious charges that include violent acts or threats carried out to coerce or intimidate civilians or governments under the premise of reaching certain ideological, religious, or political objectives. At the federal level, terrorism and national security crimes are heavily investigated, prosecuted, and result in convictions, necessitating robust criminal defense legal representation.

Legal frameworks, including the National Defense Authorization Act (NDAA), Patriot Act, and Foreign Intelligence Surveillance Act (FISA), lay the federal groundwork for investigating and processing such crimes. Under these acts, the federal government is given broad discretion to collect intelligence. If you believe you are under investigation, an experienced criminal defense lawyer can work to protect your rights and interests.

Terrorism charges can be broken down into international or domestic terrorism acts. Domestic terrorism constitutes acts of terror carried out by groups or people based in the United States who target government agencies or civil groups in the country. International terrorism is carried out by people or groups based outside of the country who attempt to target foreign nationals or agencies.

Acts of terror include hijackings, kidnappings, the use of explosives, bombing, assassinations, and cyber-terrorism. Individuals who are implicated in supporting acts of terrorism, such as through financing terror acts or recruiting or hiding terrorists, can face federal charges. If you have been charged with committing a terrorist act, you can be facing severe criminal penalties. Therefore, it is critical to contact an experienced criminal defense lawyer as soon as possible.

Individuals who are accused of sabotaging government operations, disclosing classified information without authorization, or spying can be charged with committing national security crimes. As national security crimes are heavily penalized, it is critical to work with a skilled federal criminal defense lawyer. They can ensure your privacy throughout your case, managing the media and investigators to protect your rights and interests.