Here are some key points to understand about the federal crime of possession with the intent to distribute:

1. Definition: Possession with the intent to distribute refers to knowingly having control or ownership of illegal drugs or controlled substances and possessing them with the specific intent to sell, distribute, or transfer them to others.

2. Controlled Substances: The possession with intent to distribute charges typically involve controlled substances as defined under the federal Controlled Substances Act. These substances can include illegal drugs such as cocaine, heroin, methamphetamine, LSD, MDMA (Ecstasy/Molly), marijuana (in quantities exceeding state law limits), and various prescription medications obtained without a valid prescription.

3. Intent Element: To establish the crime of possession with the intent to distribute, prosecutors must demonstrate the defendant’s specific intent to sell, distribute, or transfer the controlled substances. This intent can be inferred from various factors, such as the quantity of drugs, the presence of packaging materials, scales, large amounts of cash, or other evidence indicating the drugs were not solely for personal use.

4. Penalties: The penalties for possession with the intent to distribute controlled substances under federal law can be severe. The specific penalties depend on various factors, including the type and quantity of drugs involved, the defendant’s criminal history, and whether the offense resulted in injury or death. Penalties can range from significant fines to lengthy imprisonment, with sentences potentially ranging from several years to life in prison.

5. Federal Jurisdiction: Possession with the intent to distribute cases can be prosecuted at the federal level when they involve interstate drug trafficking, large drug quantities, drug operations spanning multiple jurisdictions, or when federal law enforcement agencies are involved in the investigation. Federal charges may also be brought in cases where the offense occurs on federal property, such as national parks, airports, or military installations.

If you are facing charges related to possession with the intent to distribute at the federal level, it is crucial to consult with an experienced federal criminal defense attorney. They can provide you with personalized legal advice based on the specifics of your case, evaluate the evidence against you, and help develop a strong defense strategy to protect your rights and interests.

21 U.S. Code § 841 – Prohibited acts A

(a)Unlawful acts

Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—

(1)to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2)to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

(b)Penalties

Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:

(1)

(A)In the case of a violation of subsection (a) of this section involving—

(i)1 kilogram or more of a mixture or substance containing a detectable amount of heroin;

(ii)5 kilograms or more of a mixture or substance containing a detectable amount of—

(I)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(II)cocaine, its salts, optical and geometric isomers, and salts of isomers;

(III)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(IV)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);

(iii)280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;

(iv)100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(v)10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(vi)400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-piperidinyl ] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(vii)1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or

(viii)50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 849, 859, 860, or 861 of this title after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years and fined in accordance with the preceding sentence. Notwithstanding section 3583 of title 18, any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.

(B)In the case of a violation of subsection (a) of this section involving—

(i)100 grams or more of a mixture or substance containing a detectable amount of heroin;

(ii)500 grams or more of a mixture or substance containing a detectable amount of—

(I)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(II)cocaine, its salts, optical and geometric isomers, and salts of isomers;

(III)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(IV)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);

(iii)28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;

(iv)10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(v)1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(vi)40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-piperidinyl ] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(vii)100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or

(viii)5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.

(C)In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.

(D)In the case of less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.

(E)

(i)Except as provided in subparagraphs (C) and (D), in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both.

(ii)If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both.

(iii)Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.

(2)In the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment.

(3)In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 4 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.

(4)Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in section 844 of this title and section 3607 of title 18.

(5)Any person who violates subsection (a) of this section by cultivating or manufacturing a controlled substance on Federal property shall be imprisoned as provided in this subsection and shall be fined any amount not to exceed—

(A)the amount authorized in accordance with this section;

(B)the amount authorized in accordance with the provisions of title 18;

(C)$500,000 if the defendant is an individual; or

(D)$1,000,000 if the defendant is other than an individual;

or both.

(6)Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use—

(A)creates a serious hazard to humans, wildlife, or domestic animals,

(B)degrades or harms the environment or natural resources, or

(C)pollutes an aquifer, spring, stream, river, or body of water,

shall be fined in accordance with title 18 or imprisoned not more than five years, or both.

(7)Penalties for distribution.—

(A)In general.—

Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18 (including rape), against an individual, violates subsection (a) by distributing a controlled substance or controlled substance analogue to that individual without that individual’s knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18.

(B)Definition.—

For purposes of this paragraph, the term “without that individual’s knowledge” means that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.

(c)Offenses involving listed chemicals

Any person who knowingly or intentionally—

(1)possesses a listed chemical with intent to manufacture a controlled substance except as authorized by this subchapter;

(2)possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by this subchapter; or

(3)with the intent of causing the evasion of the recordkeeping or reporting requirements of section 830 of this title, or the regulations issued under that section, receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required;

shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, or both.

(d)Boobytraps on Federal property; penalties; “boobytrap” defined

(1)Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under title 18, or both.

(2)If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both.

(3)For the purposes of this subsection, the term “boobytrap” means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.

(e)Ten-year injunction as additional penalty

In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.

(f)Wrongful distribution or possession of listed chemicals

(1)Whoever knowingly distributes a listed chemical in violation of this subchapter (other than in violation of a recordkeeping or reporting requirement of section 830 of this title) shall, except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, be fined under title 18 or imprisoned not more than 5 years, or both.

(2)Whoever possesses any listed chemical, with knowledge that the recordkeeping or reporting requirements of section 830 of this title have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation shall be fined under title 18 or imprisoned not more than one year, or both.

(g)Internet sales of date rape drugs

(1)Whoever knowingly uses the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that—

(A)the drug would be used in the commission of criminal sexual conduct; or

(B)the person is not an authorized purchaser;

shall be fined under this subchapter or imprisoned not more than 20 years, or both.

(2)As used in this subsection:

(A)The term “date rape drug” means—

(i)gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4–butanediol;

(ii)ketamine;

(iii)flunitrazepam; or

(iv)any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of title 5, to be used in committing rape or sexual assault.

The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority.

(B)The term “authorized purchaser” means any of the following persons, provided such person has acquired the controlled substance in accordance with this chapter:

(i)A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the Attorney General. A “qualifying medical relationship” means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath [1] professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice.

(ii)Any practitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this chapter.

(iii)A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any “date rape drug” for which a prescription is not required.

(3)The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4–butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this chapter.

(h)Offenses involving dispensing of controlled substances by means of the Internet

(1)In general

It shall be unlawful for any person to knowingly or intentionally—

(A)deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this subchapter; or

(B)aid or abet (as such terms are used in section 2 of title 18) any activity described in subparagraph (A) that is not authorized by this subchapter.

(2)Examples

Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally—

(A)delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section 823(g) of this title (unless exempt from such registration);

(B)writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 829(e) of this title;

(C)serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by sections [2] 823(g) or 829(e) of this title;

(D)offering to fill a prescription for a controlled substance based solely on a consumer’s completion of an online medical questionnaire; and

(E)making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of section 831 of this title.

(3)Inapplicability

(A)This subsection does not apply to—

(i)the delivery, distribution, or dispensation of controlled substances by nonpractitioners to the extent authorized by their registration under this subchapter;

(ii)the placement on the Internet of material that merely advocates the use of a controlled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving a controlled substance; or

(iii)except as provided in subparagraph (B), any activity that is limited to—

(I)the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of title 47); or

(II)the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of title 47 shall not constitute such selection or alteration of the content of the communication.

(B)The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1).

(4)Knowing or intentional violation

Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b).

FREQUENTLY USED FEDERAL DRUG STATUTES

21 USC § 841(a)(1) – Distribution/Manufacturing/Possession with intent to Distribute

Statutory maximum generally is 20 years

Five year mandatory minimum and maximum 40 years (21 USC 841(b)(1)(B)) if:

5 grams or more of actual meth                                                   28 grams or more of crack

50 grams or more of a mixture containing meth                     40 grams or more of fentanyl

100 grams or more of heroin                                                        10 grams or more of PCP

500 grams or more of cocaine                                                        1 gram or more of LSD

100 kilogram or more of marijuana (or 100 or more plants)

Ten year mandatory minimum and maximum life (21 USC 841(b)(1)(A) if:

50 grams or more of actual meth                                              280 grams or more of crack

500 grams or more of a mixture containing meth                400 grams or more of fentanyl

1 kilogram or more of heroin                                                      100 grams or more of PCP

5 kilograms or more of cocaine                                                    10 grams or more of LSD

1000 kilogram or more of marijuana (or 1,000 or more plants)

Penalties also can be increased if defendant has a prior felony drug conviction or is a career offender (two or more felony drug offense or crimes of violence).

Twenty year mandatory minimum if death or serious bodily injury results from use of the drug.

Enhanced penalties also available for distribution to individuals under 21 (21 USC § 859) or distributions near schools, playgrounds, youth centers, arcades, pools, and public housing (21 USC § 860).

21 USC § 846 (Conspiracy/Attempt)

Penalties identical to distribution penalties.

21 USC § 843(a)(3) (Obtaining Controlled Substances by Misrepresentation, Fraud, etc.)

Four year maximum for drug diversion offenses.

21 USC § 843(b) (Use of a Communication Facility to Facilitate Drug Felony)

Four year maximum for each use of a telephone to arrange a drug transaction.

21 USC § 844 (Simple Possession)

21 USC § 848 (Continuing Criminal Enterprise – “Drug Kingpin Statute”)

Mandatory minimum 20 years and maximum of life can be imposed on a leader of an organization of five or more individuals who engage in a continuing series of drug violations from which the person derived substantial income.  Mandatory life and death penalty available under certain circumstances.

21 USC § 856 (Maintaining a Drug-Involved Premises – “Crack House Statute”)

Twenty year maximum for opening, leasing, renting, or maintain a premises for drug manufacturing, use or distribution.  Also applies to those who manage or control such premises (including owners and landlords of rental properties).

18 USC § 1952 (Interstate Travel in Aid of Racketeering – “Travel Act”)

Five year maximum for traveling or using the mail or instruments of interstate commerce (telephone/internet) with intent to facilitate drug trafficking.

18 U.S. Code § 371 – Conspiracy to commit offense or to defraud United States

A federal conspiracy charge refers to a criminal offense under United States federal law where two or more individuals plan and agree to commit a crime. Conspiracy charges can apply to a wide range of criminal activities, including fraud, drug trafficking, money laundering, terrorism, and more.

Here are some key points to understand about federal conspiracy charges:

Definition: Conspiracy is generally defined as an agreement between two or more individuals to commit a criminal act. The agreement can be explicit or implied, and it can involve both individuals actively participating in the criminal act or one person conspiring with another who actually carries out the crime.

Elements: To prove a federal conspiracy charge, the prosecution must establish the following elements:

a. An agreement: There must be an agreement between two or more individuals to commit an unlawful act.

b. Intent: The individuals must have the intent to commit the underlying crime. It is not necessary for the crime to be completed; the agreement itself is sufficient for conspiracy charges.

c. Overt act (in some cases): In certain circumstances, the government may require proof of an overt act in furtherance of the conspiracy. However, some conspiracy statutes, such as drug trafficking conspiracy, do not require an overt act.

Penalties: The penalties for federal conspiracy charges can vary depending on the underlying offense. In many cases, conspiracy carries the same penalties as the underlying crime. However, there may be enhancements or additional penalties for conspiring to commit certain serious offenses, such as drug trafficking, terrorism, or organized crime.

Punishment: If convicted of a federal conspiracy charge, individuals may face imprisonment, fines, probation, restitution, or a combination of these penalties. The severity of the punishment depends on factors such as the nature and scope of the conspiracy, the individual’s role, their criminal history, and other relevant factors.

Defenses: Common defenses against federal conspiracy charges may include lack of intent, lack of agreement, withdrawal from the conspiracy, entrapment, or proving that there was no overt act or steps taken towards carrying out the alleged criminal act.

Some examples of additional federal conspiracy charges include conspiring against:

• Impeding the free exercise of rights (18 USC 241);
• Defrauding the Government concerning claims (18 USC 286);
• Impeding or injuring an officer (18 USC 372);
• Aiding prisoners of war or enemy aliens (18 USC 757);
• Gathering or delivering defense information to assist a foreign government (18 USC 794);
• Drug trafficking and other drug offenses (21 USC 846):
• Injuring a person or property in a foreign country while under U.S. jurisdiction (18 USC 956);
• Kidnapping (18 USC 1201);
• Destroying a boat to defraud an insurance company (18 USC 2271);
• Sedition (18 USC 2384);
• Interfering with armed forces during a time of war (18 USC 2388);
• Destruction of war material (18 USC 2153); and
• Interfering with the production of war material (18 USC 2154).

If you are facing federal conspiracy charges or believe you may be involved in a situation related to conspiracy, it is crucial to consult with an experienced federal criminal defense attorney. They can provide you with personalized legal advice based on the specifics of your case and help navigate the complexities of federal law.

Alien Smuggling — Subsection 1324(a)(1)(A)(i) makes it an offense for any person who — knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.

Domestic Transporting — Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.

Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Bringing Aliens to the United States — Subsection 1324(a)(2) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. §  1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).

Unit of Prosecution — With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.

Knowledge — Prosecutions for alien smuggling, 8 U.S.C. §  1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.

Penalties — The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. §  1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.

Fast Track Plea for Alien Smuggling

The Fast track Program is designed to reduce unwarranted geographic disparity and to increase efficiency in illegal re-entry cases under Title 8 U.S.C. § 1326. While Fast Track Programs have previously been implemented in some judicial districts, the department is now implementing a uniform nationwide policy. The new policy establishes baseline requirements for any defendant who qualifies for fast track treatment that are consistent across the country. The basic premise of the Fast Track Program is that, within an expedited time frame, a qualifying defendant in an illegal re-entry case must plead guilty. Under the plea agreement, a defendant will be required to give up certain rights. In exchange, the government will make a motion pursuant to U.S.S.G. § 5K3.1 for a two-level downward departure for those in criminal history category VI and a four level downward departure for all others. A defendant’s eligibility for the Fast Track Program will depend on certain criteria.

Federal wire fraud refers to the criminal offense of using electronic communications, such as telephone, email, or internet, to devise a scheme to defraud others of money or property. It falls under the jurisdiction of the United States federal government and is governed by the federal wire fraud statute, which is codified under 18 U.S.C. § 1343.

To be charged with federal wire fraud, the prosecution must prove the following elements:

1. A scheme to defraud: The defendant must have devised or intended to devise a plan or scheme to defraud others. This typically involves intentionally devising a scheme to deceive or trick someone for financial gain.
2. Use of wire communications: The defendant must have used wire communications, such as telephone calls, emails, or electronic transfers, as part of the scheme to defraud. The use of interstate or international wires is required for federal jurisdiction.
3. Intent to defraud: The defendant must have had the specific intent to defraud others. This means knowingly participating in a scheme with the intention of deceiving or obtaining money or property through false pretenses, representations, or promises.

If convicted of federal wire fraud, the penalties can be severe. Under the federal wire fraud statute, the maximum punishment is up to 20 years in prison, fines, or both. However, the actual penalties imposed may vary depending on the specific circumstances of the case, including the amount of money involved, the degree of harm caused, and the defendant’s criminal history.

It’s worth noting that wire fraud is often charged in conjunction with other related offenses, such as mail fraud (18 U.S.C. § 1341) or money laundering (18 U.S.C. § 1956), if applicable to the case. These charges may carry additional penalties and consequences.

If you believe you are involved in a legal situation related to federal wire fraud, it is crucial to consult with an experienced criminal defense attorney who can provide you with appropriate advice and guidance based on the specifics of your case.

Conspiracy to Commit Wire Fraud

If more than one person is involved in the alleged wire fraud, federal prosecutors will often bring conspiracy charges as well.  The laws used to prosecute these conspiracy charges are 18 U.S.C. § 371 and 18 U.S.C. §1349.  In the most basic terms, conspiracy charges require the prosecution to prove that two or more people agreed to commit a wire fraud offense, and that the defendant joined in that agreement.

In the United States, wire fraud is a federal offense and is punishable by fines and imprisonment. According to 18 U.S. Code § 1343, the penalty for wire fraud can include up to 20 years in prison and fines of up to $250,000 for individuals and up to $500,000 for organizations. However, if the offense involves a financial institution or a government agency, the penalties can be much more severe.

In addition to these penalties, individuals convicted of wire fraud may also be required to pay restitution to the victims of the offense. This can include returning any money or property that was stolen or paying for any damages that were caused as a result of the fraud.

It’s worth noting that the penalties for wire fraud can vary depending on the specific circumstances of the case, and a skilled criminal defense attorney may be able to negotiate a plea deal or reduce the charges and penalties.

Contact A Phoenix Wire Fraud Attorney

If you have been charged with wire fraud, let Myles A. Schneider help you reach the best conclusion in your case. You will be met with a great deal of experience, a great track record, and the aggression that is needed to successfully defend you in your case. To learn more about how you can have a fair end to your case, call 602-926-7373 for a free consultation.

Welfare fraud is committed when a person intentionally misuses the Arizona welfare program. The act may be committed if a person intentionally withholds certain information that is required or provides false information. Perhaps a person misrepresents their income in order to receive benefits or there is information about household members that is not disclosed.

Other examples of welfare fraud are those that fake an injury or an illness in order to trick the welfare system or someone who says they cannot work when they really can. The system is designed to help those who legitimately need help and not a “free ride.” If someone tries to achieve a “free ride” and they are caught, they could serve time in jail and be required to pay back the money the state lost. We represent persons throughout Arizona including Glendale, Mesa, Phoenix, Scottsdale and more.

Welfare Fraud Controversy

Advocates of the system have criticized welfare fraud quite heavily due to the fact that abusing the system can reduce the funds required to help those that do have a need. Because it is a taxpayer funded program, the taxpayers are inconvenienced as well when their money is used to support individuals who are considered undeserving because those individuals lied about their situation.

All in all, welfare fraud has become an expensive predicament for the state, which is why it is prosecuted very aggressively. It does warrant a felony conviction with years spent in prison. This is an issue that has become so severe that many states are starting to offer rewards for information about individuals defrauding the system.

Welfare Fraud Examples

There have been a number of cases of welfare fraud throughout Arizona that are common or were at one time. The state has put measures in place to reduce the chances of fraud, but it still happens. For instance, it is still possible for someone to migrate from district to district using different aliases to obtain benefits.

Another example is someone who claims non-existent children. There was a case in 1981 where a woman claimed that she had 38 children and this defrauded the system out of over $300,000. The woman who committed this crime was believed to be a wealthy woman before she committed the act.

These are just two examples. But what if something happens that you are accused of defrauding the system and you didn’t? This can happen for one reason or another, but your attorney can help you reveal the truth. Myles A. Schneider knows how to gather the facts and negotiate with the prosecution. Even if you have committed some form of welfare fraud, there may be facts in the case that will convince the prosecution to alter the charges so that the penalties are not as harsh. Only a qualified Arizona criminal defense lawyer knows how to effectively reveal these details.

Contact An Arizona Welfare Fraud Lawyer

Welfare fraud is a serious crime that you do not want to be accused of. This is because it is a crime that costs the system a lot of money. There are some cases of legitimate welfare fraud, but there are also cases where a person is falsely accused. No matter what the reason is behind your charge, you need to protect your rights by hiring a competent attorney. Call Myles A. Schneider today at our Phoenix office at 602-926-7373 for a free consultation.

Many businesses work with government entities in some capacity. This means that business has to be carried out very carefully because one mistake could lead to an accusation of procurement fraud or another crime. It doesn’t matter if procurement fraud was really committed; it is the perception that it occurred or the belief that there is evidence that the act happened and that the government entity was harmed in some way. In all reality, nothing wrong may have happened.

As for what procurement fraud is, procurement fraud is a bidding issue where bids for projects may not be as cut and dry as they are represented to be. This is a scheme that can keep public agencies from paying the lowest possible price for goods and services that they need. This hurts them financially and can ultimately do harm to businesses that bid on projects fairly with the best of intentions when it come to fulfilling the contract in question.

Types Of Procurement Fraud

Procurement fraud comes in a number of forms. They include:

• Price fixing
• Defective pricing
• Mischarging for the cost of labor
• Bid rigging
• Process payments fraud
• Allocation and market division schemes
• Bribing public officials
• False statements associated with procurement of contracts
• Product substitution
• Defective parts

Procurement fraud can also occur when individuals are being selected for a job. Bribes and kickbacks can become a part of the equation and this is illegal. For instance, a company submitting a bid can give the bidder some kind of kickback if they are chosen for the project. This takes the fairness out of the bidding process and doesn’t allow for fair competition.

Phoenix Federal Crimes Representation

Procurement fraud does have to be proven. If evidence is weak, then the vulnerabilities have to be exposed in order to achieve a positive outcome in the case. Myles A. Schneider puts together a plan that involves getting to the bottom of the matter. While there are legitimate claims of procurement fraud, there are just as many cases of false accusations or a person simply being in the wrong place at the wrong time. Sometimes individuals within businesses find themselves pulled into schemes that they had nothing to do with. Fortunately, an aggressive defense means proving this fact and that person getting to go home and move on with their life.

Contact A Phoenix Procurement Fraud Lawyer

If you or your business is being investigated for or you have been charged with procurement fraud, you may be wondering what to do now. The first thing to do is call your attorney so that you can talk about your case and a plan put in place. It may be possible to keep you from being charged at all or for charges to be dropped through negotiation with the prosecution. If charges cannot be dropped, then Myles A. Schneider can negotiate for reduced charges and represent you in the toughest way possible in court. To find out more, call 602-926-7373 to schedule your free consultation.

Many people in society that didn’t know what a Ponzi scheme was five years ago know what it is now. That is because the crime has become more prevalent and news of this type of crime has made its way into mainstream media. The reason why this crime is such a big deal is because investors want to invest their money for high returns so that they can improve their financial situations. Instead, a scheme such as this causes the investors lose their hard earned money.

But what adds to the unfortunate nature of this crime is that a lot of Ponzi schemes occur because of bad luck rather than someone trying to undercut the investors. Panic and bad planning are major contributors. This can result in a Ponzi scheme charge that can then lead to a lot of personal and legal damage if convicted. The idea is to prevent this damage from occurring by hiring a qualified Phoenix federal crimes attorney as soon as possible. The last thing you want to do is find yourself standing in a Phoenix or Tucson federal courthouse or some other federal courtroom, being sentenced for something that was an honest mistake.

How Ponzi Schemes Occur

A Ponzi scheme occurs when an investor is promised a high return in the shortest period of time. Investments can be advertised as hedge funds, securities, and mutual funds. Even postage stamps have been the subject of Ponzi schemes. This postage stamp scheme is what resulted in the Ponzi scheme receiving its name. In 1920, Charles Ponzi tricked investors into investing in postage stamps. When he did this, he was telling the investors that they would receive a return that he just could not guarantee. He used it to draw in new investors.

This is a fraudulent scheme because the returns that the investors see themselves receiving come by their own money or money that other investors have put in. The returns are not actual profits. In order to keep such a scheme going, a constant flow of money is needed. Over time, everything collapses because the payments and earnings just don’t match up.

Ponzi Scheme Consequences

If you are charged for conducting a Ponzi scheme, you would find yourself facing charges from both the federal government and the State of Arizona. This means that a conviction could lead to fines and prison times for both and the prison terms can be quite lengthy and the fines very high. There have been Fortune 500 executives given very long sentences, especially when the victims of the schemes have been charitable organizations and the elderly.

To avoid such long and harsh sentences, Myles A. Schneider, who possesses a degree in Corporate Finance, can defend you to the state and to the federal government to show what really happened. That way you can receive the best outcome possible.

Contact A Phoenix Ponzi Schemes Attorney

If you have been accused of a Ponzi scheme, it is imperative that you seek legal assistance as soon as possible. With the right attorney working with you, you are able to effectively challenge the charges and work toward reducing charges, dropping some charges, or having all of the charges dropped. To find out more about how we can help you in your unique case, call us at 602-926-7373 to schedule your free consultation.

The federal crime of money laundering refers to the act of conducting financial transactions involving the proceeds of illegal activities with the intention to disguise the true source, ownership, or control of the funds. Money laundering involves converting “dirty” or illicitly obtained money into “clean” or legitimate-looking funds, making it difficult to trace the illicit origin of the funds.

Here are some key points to understand about the federal crime of money laundering:

1. Purpose: Money laundering serves to conceal the illegal origins of funds, making them appear legitimate. It allows criminals to integrate illicit proceeds into the financial system, making it difficult for law enforcement to identify and trace the funds back to their criminal source.
2. Elements: To establish a money laundering offense under federal law, prosecutors typically need to prove three main elements:

   a. Placement: The initial stage of money laundering involves placing the illicit funds into the financial system. This may involve depositing cash into bank accounts, purchasing assets, or using other methods to introduce the illicit funds into the legitimate economy.
   
   b. Layering: Once the funds are in the financial system, money launderers engage in complex transactions and multiple layers of transfers, conversions, or movements to obfuscate the paper trail. This may involve wire transfers, multiple bank transactions, international transfers, or other means to create a web of transactions that make it difficult to trace the original source of the funds.
   
   c. Integration: The final stage of money laundering involves integrating the "cleaned" funds back into the economy in a way that makes them appear legitimate. This could include investing in legitimate businesses, purchasing assets, or engaging in other financial activities.

3. Criminal Proceeds: Money laundering typically involves the proceeds of various criminal activities, such as drug trafficking, fraud, corruption, organized crime, terrorism, or other illegal conduct. The underlying illegal activity provides the initial illicit funds that are then laundered through the financial system.
4. Federal Jurisdiction: Money laundering is often prosecuted at the federal level due to its connection to interstate and international financial transactions. Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ), are responsible for investigating and prosecuting money laundering offenses.
5. Penalties: Money laundering is a serious federal offense, and the penalties can be severe. The specific penalties depend on the nature and scope of the money laundering activities, the amount of money involved, and other factors. Penalties can include significant fines, forfeiture of assets, and lengthy imprisonment.

Money laundering is a complex area of federal law, and the specific elements and penalties can vary based on the particular federal statute under which the offense is charged. If you are facing money laundering charges or have concerns related to money laundering, it is important to seek the advice of a knowledgeable federal criminal defense attorney who can guide you through the legal process and help protect your rights.

What Is Money Laundering?

Some individuals charged with money laundering do not understand it. If you attempt to pay someone with money you have received from illegal acts or make an attempt to deposit illegally obtained funds into a corporate shell or bank account, the charge could be money laundering. If convicted of the crime, the money is gone and the prison sentence is long.

This is a charge that is often filed against drug dealers. The reason for this is because drug dealers want to “legitimize” their money from the sale of drugs. This means they are concealing where the funds come from. Sometimes they may make it appear as if the money came from legal activities.

Unfortunately, there are completely innocent individuals who are charged with money laundering when they had nothing to do with the crime. If a drug dealer has a friend deposit money into a bank account for them and that money is “dirty money,” the charge can be money laundering if the amount deposited was more than $10,000 and not reported to the IRS.

Aggressive Phoenix Criminal Defense

It can be very confusing to be charged with money laundering, especially if you were simply in the wrong place at the wrong time or you were simply doing someone a favor. Then again, you may have mistakenly committed the crime. Drugs are not the only services or products that can be provided illegally. Drug dealers usually know what they have done, but there are acts within the corporate world that can be misconstrued as money laundering. If this is you, Myles A. Schneider is ready to help the moment you make the call.

Money Laundering

Section 1956(a) defines three types of criminal conduct: domestic money laundering transactions (§ 1956(a)(1)); international money laundering transactions (§ 1956(a)(2)); and undercover “sting” money laundering transactions (§ 1956(a)(3)). See this Manual at 2182.

To be criminally culpable under 18 U.S.C. § 1956(a)(1), a defendant must conduct or attempt to conduct a financial transaction, knowing that the property involved in the financial transaction represents the proceeds of some unlawful activity, with one of the four specific intents discussed below, and the property must in fact be derived from a specified unlawful activity.

The actual source of the funds must be one of the specified forms of criminal activity identified by the statute, in 18 U.S.C. § 1956(c)(7), or those incorporated by reference from the RICO statute (18 U.S.C. §  1961(1)). Section 1956(c)(7)(B) includes in the list of specified unlawful activity certain offenses against a foreign nation. Thus, proceeds of certain crimes committed in another country may constitute proceeds of a specified unlawful activity for purposes of the money laundering statutes.

To prove a violation of § 1956(a)(1), the prosecutor must prove, either by direct or circumstantial evidence, that the defendant knew that the property involved was the proceeds of any felony under State, Federal or foreign law. The prosecutor need not show that the defendant knew the specific crime from which the proceeds were derived; the prosecutor must prove only that the defendant knew that the property was illegally derived in some way. See § 1956(c)(1).

The prosecutor must also prove that the defendant initiated or concluded, or participated in initiating or concluding, a financial transaction. A “transaction” is defined in § 1956(c)(3) as a purchase, sale, loan, pledge, gift, transfer, delivery, other disposition, and with respect to a financial institution, a deposit, withdrawal, transfer between accounts, loan, exchange of currency, extension of credit, purchase or sale safe-deposit box, or any other payment, transfer or delivery by, through or to a financial institution.

A “financial transaction” is defined in § 1956(c)(4) as a transaction which affects interstate or foreign commerce and: (1) involves the movement of funds by wire or by other means; (2) involves the use of a monetary instrument; or (3) involves the transfer of title to real property, a vehicle, a vessel or an aircraft; or (4) involves the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce.

18 U.S. Code § 1957 – Engaging in monetary transactions in property derived from specified unlawful activity.

(a)Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b).

(b)

(1)Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.

(2)The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction.

(c)In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity.

(d)The circumstances referred to in subsection (a) are—

(1)that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or

(2)that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person (as defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such section).

(e)Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General.

(f)As used in this section—

(1)the term “monetary transaction” means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined in section 1956(c)(5) of this title) by, through, or to a financial institution (as defined in section 1956 of this title), including any transaction that would be a financial transaction under section 1956(c)(4)(B) of this title, but such term does not include any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution;

(2)the term “criminally derived property” means any property constituting, or derived from, proceeds obtained from a criminal offense; and

(3)the terms “specified unlawful activity” and “proceeds” shall have the meaning given those terms in section 1956 of this title.

Contact A Phoenix Money Laundering Lawyer

If you have been charged with money laundering, it is important to contact Myles A. Schneider as soon as possible. We can negotiate with federal and state authorities, including the FBI and any other agencies involved with the case. As a result of these negotiations, we have succeeded in having charges reduced or we have convinced the authorities to not charge at all. If charges are still filed, we will work diligently to prove the facts so that you can go free. To learn more, call 602-926-7373 for a free consultation.

In Arizona, identity theft is a crime that has been on the rise for quite some time and this has much to do with the fact that the use of the Internet and the supplying of financial information over the Internet is on the rise. Then again, there are individuals that use devices as skimmers and who will do something as simple as steal mail, checks, and other identifying information in order to assume someone’s identity in some way.

Nonetheless, accusations of identity theft do not always have a great deal of merit and this is because false accusations occur. Even if the claim is legitimate, the defendant deserves the best possible criminal defense to reduce the charges or even have them dismissed. This is what Myles A. Schneider can dedicate his time, his experience, and his knowledge to for you. We represent persons throughout Arizona including Phoenix, Scottsdale, Glendale, Mesa and more.

Identity Theft in Arizona

Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain.

Identity theft laws in most states make it a crime to misuse another person’s identifying information — whether personal or financial. Such data (including Social Security numbers, credit history, and banking PINs) is often acquired through:

The offender’s unlawful access to information from government and financial entities

Lost or stolen mail, wallets and purses, identification, and credit or debit cards

Identity theft is one of the fastest-growing crimes in the nation, robbing its victims of time, money, and peace of mind. Identity thieves often use the Internet but also can obtain sensitive personal data from scams, database hacks, trash cans, and other unsecured locations.

The Identity Theft and Assumption Deterrence Act

Because of the rise of identity theft and its harmful consequences for victims of identity theft, Congress passed a law in 1998 making it a federal crime. Under the Identity Theft and Assumption Deterrence Act, it is a federal crime when a person knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.

The Theft Penalty Enhancement Act of 2004

This law was followed by the Theft Penalty Enhancement Act in 2004, which increased penalties for “aggravated” identity theft, requiring courts to impose additional sentences of two years for general offenses and five years for terrorism-related offenses.

18 U.S. Code § 1028A – Aggravated identity theft

(a)Offenses.—

(1)In general.—

Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

(2)Terrorism offense.—

Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

(b)Consecutive Sentence.—Notwithstanding any other provision of law—

(1)a court shall not place on probation any person convicted of a violation of this section;

(2)except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;

(3)in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and

(4)a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.

(c)Definition.—For purposes of this section, the term “felony violation enumerated in subsection (c)” means any offense that is a felony violation of—

(1)section 641 (relating to theft of public money, property, or rewards [1]), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);

(2)section 911 (relating to false personation of citizenship);

(3)section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);

(4)any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7);

(5)any provision contained in chapter 63 (relating to mail, bank, and wire fraud);

(6)any provision contained in chapter 69 (relating to nationality and citizenship);

(7)any provision contained in chapter 75 (relating to passports and visas);

(8)section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);

(9)section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);

(10)any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or

(11)section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).

Contact An Arizona Identity Theft Attorney

If you have been accused of identity theft, you need an experienced attorney by your side to ensure the best possible result in your case. Myles A. Schneider has the experience at both the state and the federal level to defend such cases and the success record to prove it. To find out more about how you can receive the representation that you deserve, call 602-926-7373 to schedule a free consultation.

Healthcare fraud can take various forms within AHCCCS, including:

Provider Fraud: This involves healthcare providers, such as doctors, clinics, or hospitals, submitting false claims for services not rendered, billing for more expensive services than provided, or engaging in other fraudulent practices to receive improper payments from AHCCCS.

Beneficiary Fraud: Beneficiary fraud occurs when individuals knowingly provide false information or misrepresent their eligibility to receive AHCCCS benefits. This can include providing false income information, using another person’s identity, or intentionally misrepresenting their circumstances to qualify for coverage.

Prescription Fraud: Prescription fraud involves obtaining and using prescription medications in an illegal or fraudulent manner, such as forging prescriptions, doctor shopping (obtaining multiple prescriptions for the same medication from different providers), or selling prescription drugs for profit.

Identity Theft: Identity theft can occur when someone steals another person’s personal information, such as their Social Security number or AHCCCS ID, and uses it to fraudulently obtain healthcare services or benefits.

Collusion or Kickbacks: This type of fraud involves illegal agreements or arrangements between healthcare providers, beneficiaries, or other parties to receive kickbacks or financial incentives in exchange for referring patients, prescribing certain medications, or receiving unnecessary services.

AHCCCS takes healthcare fraud very seriously and works diligently to detect, prevent, and investigate instances of fraud within its program. They employ various measures, including data analytics, audits, and collaboration with law enforcement agencies, to identify and address fraudulent activities.

If you suspect or have information about AHCCCS healthcare fraud, it is important to report it. You can contact the AHCCCS Office of Inspector General or the Arizona Health Care Fraud and Abuse Control Program to provide information and assist in the investigation of fraudulent activities. Additionally, you may consider consulting with an attorney who specializes in healthcare fraud or reporting the information to relevant law enforcement agencies.

Phoenix Health Care Fraud Lawyer

Health care fraud is receiving even more attention from the federal government than ever before. This is because there has been a rise in the number of fraud cases that are being prosecuted. For those that are convicted, the penalties are quite severe. They include large fines, lengthy prison sentences, and a criminal record that can hang with a person for the rest of their life. If a professional is responsible for the fraud, then they can lose their ability to practice within the medical community.

If you are being investigated or you have been charged with health care fraud. Myles A. Schneider can provide you with an effective defense. He is a uniquely qualified attorney specializing in many areas of Arizona federal criminal defense.

Health Care Fraud Defined

Health care fraud is considered a white collar crime. This is because it involves defrauding the healthcare system for the purpose of making a profit. When committed, the act entails misrepresenting or deceiving the system by providing false information in a healthcare transaction. The purpose of filing this false information is to make a profit or to receive benefits that are not covered under normal circumstances. Unfortunately, what was considered simple errors in billing in the past is now being prosecuted as fraud. This means that it is possible for a very innocent billing error to cause legal issues and it is a must for a qualified criminal defense attorney to prove that the issue was a simple billing error and nothing more.

Types Of Health Care Fraud

Health care fraud comes with many faces. Providers, the insured, and even employers can commit the crime. Here are some of those acts:

• A provider billing for services they have not provided
• Billing for the same service more than once
• Misrepresenting service description, dates of care, and identities of all involved
• Non-covered services being billed as covered
• Medical record modification
• Intentionally reporting a diagnosis or procedure incorrectly to increase payment
• Prescribing unnecessary services
• An insured person providing false information when applying for insurance
• Using another person’s coverage to receive treatment
• Forging documents
• An employer enrolling ineligible employees
• Establishing fake employee benefit plans

Unfortunately, this is a short list of the acts that can be committed. At the same time, a person can be charged with one of these acts and it be a simple misunderstanding.

Arizona Health Care Fraud Attorney

If you have been charged with health care fraud or you are just being investigated for it at the moment, you need to contact a competent attorney as soon as possible. Federal prosecutors are tough and this is something you do not want to have to face on your own. Instead, you want someone in your corner fighting for you and Myles A. Schneider will do just that. To learn more, call us at 602-926-7373 to schedule a free consultation.