Federal Crimes

Is it Possible to be Charged in Federal and State Court for the Same Crime?

February 17, 2023 | Michael B. Cohen, P.A.

If you are arrested, it is vital that you know if you are going to be charged in a state court or in a federal court. For state crimes, state police and prosecutors will pursue the charges while other crimes are investigated by a federal agency, like the Federal Bureau of Investigations (FBI), the Drug Enforcement Agency (DEA), the U.S. Immigration and Customs Enforcement (ICE) and more.

If you were tried and acquitted of murder in the state of Florida, the concept of double jeopardy bars the state from prosecuting you for the same criminal incident in the future. Although the U.S. has a strong principle against double jeopardy, which doesn’t allow an individual to be charged twice for the same crime, there is the separate sovereign exception. Under the concept of “dual sovereignty,” state and federal governments may separately prosecute you for the same crime if the criminal act in question violates state and federal laws. This means you may also face prosecution in a federal court for the same crime.

If the person is charged in both systems, they may also face sentencing in both as well.

What are the Penalties for Medicare fraud?

December 16, 2022 | Michael B. Cohen, P.A.

The U.S. government inspects Medicare expenses charged by physicians. The state government also carefully examines doctors’ charges and the patient’s health assessments as well. Since the government is paying the bills, it has the right to examine and dispute anything they want. The probe from federal and state law enforcement officers can bring to light errors that may lead to prosecution for Medicare fraud.

Being convicted of Medicare fraud can result in long-term imprisonment and hefty fines.

The Code of Federal Regulations describes Medicare fraud as “an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person.”

Consequences of Lying to a Federal Officer

November 16, 2022 | Michael B. Cohen, P.A.

What are the consequences of lying to a federal agent?

Lying, or willingly making false statements to a United States federal agent, is a federal crime. Under Section 1001 of title 18 of the United States Code (18 USC Section 1001), an individual or group can be criminalized for knowingly falsifying, concealing, and/or covering up pertinent information with a trick or scheme intended to derail any investigation. All false statements, spoken and written, that are or are not made under oath are subject to similar penalties.

It is stated in the United States Code that those found in violation of 18 USC Section 1001 can receive a maximum sentence of up to five years in prison for tax evasion and lying with intent to derail any investigation, and eight years if any false statements are linked to acts to terror, human trafficking, and certain sexual offenses. However, in order to successfully convict an individual or group of committing such crimes and being in violation of 18 USC Section 1001, United States government officials must prove three things:

Arrested on a Federal Charge? Here’s What To Do Next

October 17, 2022 | Michael B. Cohen, P.A.

Being arrested for a federal charge can easily be an overwhelming experience, leaving many people not knowing what to do. As the common saying goes, “innocent until proven guilty”. It is important to protect your rights from being violated which include the right to a Miranda Warning, the right to remain silent, and the right to an attorney. Doing so protects you against abuses and aids in a best-case scenario for your trial. Therefore, hiring an experienced and qualified lawyer, like the office of Michael B. Cohen, is the most important first step to make after being arrested.

After Arrest Process

After being arrested for a federal charge, the process begins with an initial appearance before a federal judge. The judge will make the decision whether there is substantial evidence to continue proceedings along with the possibility of a bond.

How Cases Get To A Federal Court

September 19, 2022 | Michael B. Cohen, P.A.

Criminal cases fall into generally two types of court systems – federal and state. Which court your case will fall under will depend on which court system has jurisdiction (the power to make legal decisions and judgements). Most states like Florida have broad jurisdiction and can hear cases regarding DUI cases, theft, assault, traffic offenses, etc. Even so, state courts are limited to just interpreting state law while federal courts hear a criminal case when there’s a violation in federal law. It’s important to hire an experienced and proven lawyer to handle your case in either scenario.

If you have been tried of a federal crime, your trial will likely be heard in one of these types of courts:

District Courts: 94 courts around the country where federal cases are tried

What is the RICO Act?

June 16, 2022 | Michael B. Cohen, P.A.

The Racketeering Influenced and Corrupt Organizations Act, simply referred to as RICO, was passed in 1970 to help prosecutors pursue charges against organized crime organizations such as mobs, gangs and cartels. Recently, even well-known celebrities have been charged through RICO for their alleged involvement with these types of organizations. In the United States, organized crime is generally defined as an enterprise looking for financial gain through illegal activities. But note, now these enterprises can be illegal or legal entities allowing prosecutors to use the law against everything from mobs to corporations to even politicians, With RICO, if a member is charged with a crime, prosecutors can then charge anyone else within that organization of a crime. Therefore, several members can be indicted for offenses they didn’t actually commit themselves. Nonetheless, we can help create a defense case for your innocence.

Crimes Included Under RICO

For an enterprise to be charged through RICO, there must be two violations within 10 years from the members. Some common crimes under RICO are listed below:

Cooperating With The Federal Government

March 6, 2022 | Michael B. Cohen, P.A.

When you are accused of a serious criminal charge, it is important to hire an experienced criminal defense attorney who will present all available legal options to you that can prevent a conviction or at the very least, can lessen your charge. When appropriate, a Cooperation Agreement is a legal defense strategy for felony charges that could prove to be beneficial in your federal case. This agreement usually requires one to plead guilty and to assist the government in some way in exchange for a lesser sentence.

The worst thing one can do is cooperate with the government without an attorney present. People let the anxiety get the best of them and begin giving authorities information before an attorney is able to negotiate the terms of a cooperation agreement. It is vital that the accused person has an experienced federal criminal defense attorney representing them and protecting their rights. The attorney will first evaluate whether the information the client has and the facts of the case would meet the threshold for a cooperation agreement and a significant sentence reduction.

It also does not matter how hard you try to gather evidence for authorities. If in the end you are not able to gather the necessary evidence, no matter how much effort and time you put into it, you will not get the cooperation credit. And since you already gave a guilty plea, you will be locked into it. Ultimately, while cooperation agreements make sense for some, it does not help reduce prison time for others. That is why it is important that you hire an experienced criminal defense attorney who is familiar with cooperation agreements.

Committing a crime under extortion

February 14, 2022 | Michael B. Cohen, P.A.

The definition of extortion is obtaining money or property by threat or intimidation even though it may not be represented by a clear or imminent physical danger to the victim. It is basically acquiring money or property by threat of physical violence or embarrassment to the victim, a friend or family member of the victim; a threat of damage to the victim’s property or threatening to damage a person’s reputation through various methods.

In the case of blackmail, the alleged guilty party would have something that the victim wouldn’t want made public and the target makes payments to stop the intimidator from doing so.

So what happens if you commit a crime due to being extorted? The answer is that it depends. There is a defense of duress, which can lessen your involvement. Also, if you cooperated with authorities and testified for the prosecutor, there is a chance you will be charged with lesser crimes in the first place. Finally, a jury is going to be sympathetic to someone who was clearly blackmailed. That being said, the anticipated victim must believe that the threat is reasonably real and the threat that the intimidation against them must be true. Some of the elements to prove are:

Signs you’re being investigated for a white collar crime

December 14, 2021 | Michael B. Cohen, P.A.

Most do not go about their life thinking that they may be under watch and investigation by law enforcement. However, it can happen. If you or someone you know is involved in white collar criminal activity, the Federal Bureau of Investigations (FBI) may be collecting evidence on you.

Investigations like this are never launched without much thought. By the time you even remotely suspect that you may be the subject of an investigation, law enforcement may have already obtained a great deal of evidence and has already looked into other potential suspects. So what are some signs that you are being looked into?

A coworker tells you that they have been interviewed and that your name was brought up.

Post-conviction relief Florida

December 14, 2021 | Michael B. Cohen, P.A.

There is a saying that goes, “You don’t always get it right the first time.” That can be said for trials. Being charged as guilty does not mean it is your last opportunity to see justice served. A defendant can file an appeal and if that is not successful, post-conviction relief is an option. You may get a reduced sentence, a new trial or even a vacated sentence and your freedom.

The federal court will only accept the petition if all other avenues of post-conviction relief have been exhausted at the state level. Under federal law, there is a deadline on when you can file. The statute of limitations is a year from the day you received the court judgement.

An attorney may raise issues such as an illegal search, jury bias and tampering or even not being fully advised of the rights you were waiving when you entered a guilty plea.The issue could have occurred at any phase of the criminal proceeding against you, including during the investigation, arrest, pre-trial, plea hearing, trial or sentencing.