South Florida Criminal Attorneys Blog

Facing federal conspiracy charges can be an incredibly stressful and confusing experience. These charges are serious and can lead to substantial prison time—even if the underlying crime was never carried out. Understanding what conspiracy means under federal law, and how a skilled defense attorney can help, is essential if you or someone you care about is under investigation or indictment.

What Is a Federal Conspiracy Charge?

A federal conspiracy charge is based on two key elements: an agreement between two or more people to commit a federal crime, and at least one overt act taken in furtherance of that agreement. The crime itself doesn’t need to occur for charges to be filed. Simply being involved in the planning or taking a step—no matter how small—can be enough for a federal case.

The Racketeer Influenced and Corrupt Organizations (RICO) Act has long been one of the most formidable tools in the federal government’s arsenal against organized crime. While initially created to target the Mafia, RICO’s scope has broadened, enabling prosecutors to pursue cases involving fraud, drug trafficking, human trafficking, and corruption. As a criminal defense attorney with extensive experience in RICO cases, Michael B. Cohen has seen firsthand how these charges are pursued—and the impact they can have on the accused.

RICO charges are not limited to traditional organized crime; they can encompass any group operating as an “enterprise” that engages in a pattern of racketeering activity. This activity could include a range of offenses, from money laundering to wire fraud, with prosecutors needing to prove at least two predicate offenses within ten years. This broad application makes RICO a highly complex legal challenge.

Florida, with its unique position as an economic and cultural hub, often becomes the focal point for RICO cases. From South Florida’s history with drug cartels to the modern dismantling of fraudulent Medicare and Medicaid operations, the state has seen a wide variety of RICO prosecutions. These cases frequently involve sweeping allegations and hefty penalties, which can be overwhelming for those charged.

In today’s digital age, cybercrime has become an increasingly prevalent issue, with federal law defining a range of offenses that can have serious legal consequences. Cybercrime encompasses various illegal activities conducted via the internet or computer systems, and understanding what constitutes a federal cyber offense is crucial for both individuals and businesses.

One of the most common types of federal cyber offenses is hacking, which involves unauthorized access to computer systems or networks. This can include stealing sensitive data, altering information, or disrupting services. The Computer Fraud and Abuse Act (CFAA) serves as the primary federal statute addressing hacking and related activities, making it illegal to access a computer without authorization or to use a computer to commit fraud. Penalties under the CFAA can range from fines to significant prison time, depending on the offense’s severity and impact.

Another significant category of federal cybercrime is identity theft, where an individual illegally obtains and uses someone else’s personal information for fraudulent purposes. This can involve stealing credit card information, Social Security numbers, or bank account details. The Identity Theft and Assumption Deterrence Act (ITADA) makes it a federal crime to commit identity theft, with harsh penalties for those convicted, including hefty fines and prison sentences.

Federal firearms offenses are serious crimes that carry strict penalties and are governed by multiple U.S. laws, all aimed at maintaining public safety and preventing gun-related violence. These offenses range from unlawful possession to trafficking and using firearms during other crimes.

Unlawful Possession and Transfer of Firearms

Federal law prohibits certain individuals from owning or possessing firearms. These include convicted felons, people with specific mental health conditions, those with restraining orders, and individuals convicted of domestic violence. A violation of these restrictions can lead to up to 10 years in federal prison. Additionally, firearm transfers must go through licensed dealers, and private sales require background checks in some states. Selling or transferring a firearm without complying with these requirements can result in severe penalties, particularly if the firearm is used in a crime.

White-collar crime, associated with high-status or corporate roles, includes financially motivated, non-violent offenses like fraud, embezzlement, and bribery. These crimes are taken seriously by federal authorities and often carry penalties such as prison time, fines, and restitution.

Federal fraud entails deception for financial gain and can manifest in various forms, such as securities fraud, tax fraud, and wire fraud. For example, securities fraud involves using false information to manipulate stock prices, which can harm shareholders. Federal fraud cases often attract attention due to their impact on interstate commerce and financial systems. Penalties can range up to 30 years in prison, depending on the case’s scope and damages. In Florida, fraud penalties may vary based on the fraud type and the amount involved, adding another layer of consequences.

Embezzlement is the unauthorized use or diversion of funds entrusted to one’s care, often occurring in workplaces. A common scenario is when an employee transfers company funds to a personal account without approval. This crime can be difficult to detect, as perpetrators usually have legitimate access to accounts, making it easier to conceal. Federal penalties for embezzlement can include up to 10 years of prison time, restitution, and fines. In Florida, state-level consequences can also be substantial, particularly for larger amounts misappropriated.

If you’ve been convicted of a federal crime and believe something went wrong during your trial, you have the option to appeal. The federal appeals process allows for your case to be reviewed, with the goal of identifying any legal errors that may have affected the outcome. Although it can seem complex, understanding the steps involved can help you approach it with confidence and pursue justice.

What Is a Federal Appeal?

An appeal is not a retrial or an opportunity to introduce new evidence. Instead, it’s a request for a higher court to examine the trial proceedings and determine if legal mistakes were made. Federal appeals are heard by the U.S. Courts of Appeals, where a panel of judges evaluates the case. Potential errors could include improper jury instructions, insufficient evidence supporting the verdict, or incorrectly admitted evidence. It’s important to remember that appeals must focus on legal errors rather than disagreements over facts.