On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.
The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.
Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication
may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor.
If you or a loved one is facing charges of Online Solicitation of a Minor For Sexual Purposes in Texas, contact Matthew Arnold, Dallas defense attorney. If not, keep reading.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021: (more…)
Violations of law at a bank or by using accounts of a financial institution are commonly prosecuted in federal court as “bank fraud”.
The United States Attorney’s Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor’s office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.
The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney’s Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:
BANK FRAUD
Whoever knowingly executes, or attempts to execute, a scheme or artifice—
1) to defraud a financial institution; or (more…)
Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage persons (children) for a legitimate prosecution.
If you or a loved one is facing charges of possession of child pornography in Texas, contact Matthew Arnold, Dallas defense attorney. If not, keep reading.
Practical problems some people encounter are learning of pornographic images that were loaded onto their sites without their knowledge, or certain images that were transferred without intent to distribute. These situations, in both pre-Indictment and post-Indictment stages, require the use of expert computer forensic services to establish facts that may not be known to investigators.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against possession of child pornography and distributing the same. Prosecutions under federal criminal laws can result in harsh sentences due to the existence of the United States Sentencing Guidelines (U.S.S.G.). The U.S.S.G. is a point system that is driven by the number of images that are the subject of the prosecution, as well as other related enhancements. Such enhancements could include the nature of the images and whether these were shared or distributed. (more…)
For lawyers, every case brings its own unique and complicated facets to the courtroom. However, there are a certain number of set precedents to know when your client is under investigation for criminal fraud and related securities enforcement.
1. Federal criminal investigations are conducted by the U.S. Attorney’s Office and the grand jury, and may or may not occur simultaneously with an SEC investigation.
If you or a loved one is facing charges of securities fraud in Texas, contact Matthew Arnold, Dallas securities fraud defense attorney. If not, keep reading.
2. As in a criminal case, generally, your client can assert the Fifth Amendment privilege against self-incrimination as to his/her statements in an SEC investigation or litigation. This may not be true with regard to responses to SEC discovery requests. Learn 10 more. (more…)
Fraudulent misrepresentations and schemes to defraud which use the United States mail to further that fraudulent conduct, can be prosecuted as mail fraud. Also, another commonly used federal law to prosecute misrepresentations and frauds is the statute known as “wire fraud.”
The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for mail fraud when the prosecution believes it has evidence of any fraud scheme that uses the mail systems to make that fraud scheme function.
If you or a loved one is facing charges of wire fraud in Texas, contact Matthew Arnold, Dallas wire fraud defense attorney. If not, keep reading.
There is no specific requirement for the type of fraudulent scheme that has to be alleged by the U.S. Attorney Office, only that there is some kind of fraud or misrepresentation wherein the U.S. mails or commercial carriers are used to mail an item related to the scheme, such as a check, a contract, an application for credit, property valuations, etc. Originally, the mail fraud statute required some type of use of the U.S. mail; now, the statute requires the use of either the U.S. mail or any mail carrier in an attempt to carry out the fraud. (more…)
“Money laundering” as it is commonly called, involves the transfer of monies that are a product of criminal activity - whether that activity is drug trafficking related or white collar crime related. Although there is a fairly broad definition of money laundering, the federal money laundering laws were enacted to attempt to take the profit out of criminal activity.
If you or a loved one is facing charges of money laundering in Texas, contact Matthew Arnold, Dallas money laundering defense attorney. If not, continue reading.
Congress has passed several laws over the years to prevent profits of criminal activity from being utilized, such as Currency Transaction Reports. The Anti-Money Laundering Statutes criminalizes the movement and use of profits/wealth created by criminal activity. See Title 18, United States Code, Sections 1956 and 1957.
Many people have concerns about these statutes, included the apparently broad application of these statutes, especially concerns about reaching into legitimate business activities. A common example of this concern is a scenario where an individual or business handles money with no knowledge of any criminal origin, which could result in prosecution for money laundering in federal court.
In summary, the government has to prove that a person knowingly made some transfer or transaction with monies that were proceeds of a specified unlawful activity. The two commonly used statutes in federal courts, 18, U.S.C., Sections 1956 and 1957, list the specified unlawful activities that are the basis for federal money laundering. Learn all the statues. (more…)
Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of imprisonment.
If you or a loved one is facing charges of possession of firearms in Texas or possession of deadly weapon in Texas, contact Matthew Arnold, Dallas firearms possession attorney.
There are exceptions to this rule in some instances. Federal law contains an explicit statutory exclusion which provides that the federal criminal offense of firearms possession is inapplicable to persons who has had their civil rights restored on the predicate state felony conviction. 18 U.S.C. 921(a)(20) provides:
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