You may believe that you are being held unlawfully by a U.S. government agency and should therefore be released. In such a matter, you may be able to file a federal writ of habeas corpus. Many courts deny these writs with no hearing. If you do get a hearing, you...
Racketeering is the act of running an illegal business and earning an illegal income. The Racketeer Influenced and Corrupt Organizations (RICO) Act is a law that makes racketeering a federal crime in a nationwide effort to stop organized crime. When people think of...
With the explosive growth of the Internet and computer technology, federal computer crimes have evolved from non-existent to touching on every aspect of computer activity for intensive and occasional users alike. There are a number of federal laws that criminalize computer activity, the most common of which are discussed below. *The Law Office of Ann Fitz defends individuals who have…
Conspiracy is a common charge in federal white collar criminal cases. Because conspiracy law allows federal prosecutors to charge people for conduct that does not amount to the commission of a full criminal offense, a charge of conspiracy is often included in an indictment along with charges for the underlying offense (ex, mail fraud or health care fraud), and can…
The 6th Amendment of the U.S. Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do…
With acquittal rates at historic lows in the federal system, sentencing has become the most crucial stage of the federal criminal justice process. In most cases, the pre-sentence investigation report (PSI) prepared by the probation officer and the sentencing hearing conducted by the judge are the primary means for determining the nature and circumstances of the offense and the history…
James Schneider, a Boca Raton securities attorney was convicted by a federal jury last week after a two-week trial in Miami of one count conspiracy to commit securities and wire fraud, five counts of securities fraud, six counts of wire fraud, conspiracy to commit money laundering, and 20 counts of money laundering in connection with a scheme to fraudulently register…
Alexander Ros Lazo, 54, of Homestead, an owner and operator of T.L.C. Health Services Inc., a home health agency, pleaded guilty this week to one count of conspiracy to commit health care fraud before U.S. District Judge Jose E. Martinez of the Southern District of Florida. Misleidy Ibarra, 46, also of Homestead, a licensed massage therapist, pleaded guilty before Judge…
A former board member of a revered Palm Beach charity was sentenced on Friday for embezzling at least $2 million from its pension fund in a carefully orchestrated scheme that spanned 25 years. 69-year-old William Minor pleaded guilty in September to one count of mail fraud in connection with the massive theft that all but bankrupted the pension fund for…
Substantial Assistance Cooperation agreements are usually embodied in the text of a plea agreement and require the defendant to perform some act of “substantial assistance” to the government. Substantial assistance can involve providing information that will lead to the investigation and arrest of other persons, going undercover, agreeing to repeated debriefings with law enforcement officers, agreeing to meetings with prosecutors…