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What Is the Lemon Law?

Legal Assistant July 31, 2020Consumer Law, Resources

When life gives you lemons, you have no choice but to make lemonade, right? But what if it gives you a lemon car? What should you do then?

Well, let’s just say you’re going to need a whole lot more than a glass of lemonade to cool you off. Thankfully, the lemon law exists for this purpose.

It compels auto dealers and car manufacturers to issue a full refund or replace the vehicle entirely if they sold you a defective car and are unable to fix it within a reasonable amount of time.

Talk about sweetening what would otherwise be a sour situation.

So, what is the lemon law anyway and, in what situations does it apply? Here’s everything you need to know about it.

What Is a Lemon Car?

A car is defined as a “lemon” if it contains a substantive defect that an automaker or dealer can’t fix within what would be deemed a “reasonable amount of time.”

The threshold required to render a vehicle a lemon may vary from one state to the next.

For instance, if you purchased a car with a substantial engine effect, for instance, would it be considered a lemon in the eyes of the law? Or, if it had a botched paint job but, everything else about it was in stellar condition, would it still be a lemon? Ultimately, it all comes down to your state’s lemon laws.

Keep in mind that not all states have lemon laws in place. So, it is important to examine whether the existing consumer protection laws in your state provide for lemons.

That said, at times, your issue may be protected under federal laws.

Federal Lemon Law

§ 2301-2312 of Title 15 Chapter 50 of the US Code sets out regulations for various types of consumer products covered under written warranties. This federal statute is also commonly known as the Magnuson-Moss Warranty Federal Trade Commission Improvements Act.

If you think about it, making a lemon law claim is essentially asserting that your car did not live up to its warranty. However, the warranty in question does need to be airtight if you hope to build a solid case for your claim.

A common question people often ask is – Is there a lemon law for used cars? Yes, there is.

Lemon law protection doesn’t only apply to brand new cars. Used cars and trucks are also covered, provided that they were sold with valid warranties.

§ 2304 (a) sets out the federal minimum standards for warranties. If a particular product or its respective part is defective or malfunctions, even after the warrantor has made a reasonable number of attempts to correct the issue, federal consumer law compels them to either refund the consumer, or replace the product or defective component at no additional cost.

This, however, has to be done within a reasonable time frame.

Lemon Laws by State

Several states have lemon laws that complement the US Code. These may vary depending on the state you live in, but the bottom line is – they all work in the same way as federal statutes.

Take Michigan, for instance. The state is home to several automakers. The lemon law here allows you to sue for a refund or replacement vehicle if the carmaker fails to resolve a particular issue after four attempts.

Your car also needs to have been kept out of use due to repairs for a specific amount of time. It could be anywhere between 30 to 90 days, depending on the state.

Finally, you have to consider when the problem first presents itself. You can’t very well sue the manufacturer or seller for issues that crop up two or three years after you first buy the car.

You can only launch a claim if the problems occur within the coverage period of the warranty. More often than not, this falls within the first 12 months from the vehicle delivery date.

Lemon laws are very state-specific. So, the definition of what would be considered a “major defect” or “reasonable number” of repair attempts may render a car a lemon in one state but not in another.

You’ll need to get in touch with a local lemon law attorney who is well-versed in your state’s laws to get the help and information you need to move forward with your claim.

Substantive Defect

What exactly qualifies as a substantial defect? To put it simply, it is a problem that’s covered within the warranty that devalues the car.

It could also be an issue that raises potential safety concerns like a steering problem or a faulty braking system. These would be considered major issues.

On the other hand, problems with the door handles or radio knobs are considered minor and would not qualify for a lemon law claim.

As is the case with most legal definitions, the line between what is considered “major” or “minor” is often blurred. Defective paint jobs or even horrendous odors have, in the past, been found to be substantive defects.

Nonetheless, the one thing that all states have in common is that the major defect should have occurred within a predefined period or a certain number of miles. Keep in mind that the issues in question should not have come about as a result of abuse.

Reasonable Number of Repair Attempts

The lemon law also requires that you allow the car manufacturer or dealer to make what would be considered a “reasonable” number of attempts to repair the substantive defect.

Your car can only be considered a lemon once these attempts at resolving the problem fail. To be protected under your state lemon law, you’re required to meet one of the following criteria.

For serious safety defects like anomalies that involve the steering or braking system, the issue needs to remain unresolved after no more than one repair attempt
For minor safety defects, the issues need to remain unresolved after three to four repair attempts. This number, however, varies by state
If the car is in the auto repair shop for a specified number of days – typically 30 in one year – to fix one or more major defects, the vehicle in question fits the definition of a lemon

Consumer Remedies – Getting a Refund or Replacement Car

Once your car fits the definition of a “lemon” according to your state laws, it is your legal right to pursue a refund from the dealer or manufacturer. You could also have them replace it entirely.

While this process is different in every state, the common denominator in all of them is that you first have to notify the manufacturer or dealer. If you’re not satisfied with the settlement offer you receive from them, you may have to pursue it in a court of law. Most courts, however, require that you first go to arbitration.

Car dealers and manufacturers use several different arbitration programs. In most cases, they are the ones who decide on the arbitration program for you. But, if you have a choice, it is always better to go with a state consumer protection agency program, as opposed to a private one or the manufacturer’s in-house program.

Keep in mind that vehicle manufacturers spend loads of cash, retaining the best team of lawyers money can buy. And, you can be sure that you’ll be up against lemon law experts who know everything there is about these particular statutes.

So, if you want to get the best outcome, you’re better off getting the best consumer law attorney to represent your interests.

New Car Lemon Law

In most states across the country, the lemon law is only applicable to new cars. In New York State, for instance, the new car lemon law protects personal-use vehicles registered, leased, or sold within the state, against all material defects for two years or 18,000 miles – whichever comes first.

If you experience any issue with your car during this period, you first have to report it to the authorized dealer or manufacturer, who must then rectify it at no additional cost. If, after four or more attempts, the issue remains unresolved or your car ends up being out of service for 30 or more days, they are obligated to issue you with a replacement car or a full refund.

In Massachusetts State, on the other hand, the new car lemon law applies to both brand new cars as well as vehicles with less than 125,000 miles at the date of purchase.

Used Car Lemon Law

Lemon laws in all states cover brand new cars. What most people may not be aware of is that used car lemon laws exist in several states too.

States that don’t have an explicit lemon law in place do have other statutes that compel used car dealerships to provide a comprehensive warranty on the vehicles they sell. This does offer some kind of lemon law protection.

However, unlike lemon laws for new cars, if something in a used vehicle breaks during the warranty period, you’ll need to take your vehicle to the dealership as opposed to appealing directly to the manufacturer.

One important thing you need to bear in mind is that if you buy a used car from a private seller and not a dealership, you’ll likely not enjoy the used car lemon law protections in your state.

If you’re in a situation where an individual sold you a lemon, the best course of action to take is to speak to a lemon law attorney and explore the various legal remedies available.

The value of your vehicle is something else you’ll need to consider. If it is valued at less than $3,000, for instance, you’re better off filing a suit in small claims court. The cost-benefit ratio of retaining an attorney to sue on your behalf instead, won’t make financial sense.

RV Lemon Law

Buying a motorhome is easily one of the biggest investments you’ll ever make in your lifetime. But, what happens if you end up purchasing a motorhome, travel trailer, 5th wheel trailer, or any other type of recreational vehicle (RV), and it turns out to be defective? What then?

The good news is that both state and federal lemon laws can help you get a legal remedy that protects you against losing your entire investment.

Some of the lemon laws in various states do not cover motorhomes or anything that would be classified as a recreational vehicle. Nonetheless, this shouldn’t stop you from pursuing a legal claim under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act.

That being said, although some states do cover leased or purchased RVs, it’s important to keep in mind that these are usually treated differently from regular cars.

For instance, the scope of some state lemon laws only extends to defects in the RV chassis. In others, the law only applies to the “non-living” areas of the RV. In some states, the chassis cab, chassis, and propulsion system may be covered, but not any other parts of the motorhome.

The scope of what’s covered and what’s not is all over the spectrum. So, if you’re stuck with a lemon RV, ensure that you seek immediate legal advice from a consumer law attorney who’s well-versed in recreational vehicle lemon law.

Get Legal Help From the Best Consumer Law Lawyer

If you’ve bought a new or used vehicle, and suspect that it may be a lemon, there are several legal options you can pursue under federal and state lemon law.

While it is possible to handle the issue yourself by getting in touch with the car dealership or manufacturer directly, doing this may not yield the outcome you expect. It’s always a good idea to get a consumer attorney to help you out.

What Is Consumer Law?

Legal Assistant July 31, 2020Consumer Law, Resources

If you’ve come across the phrase “consumer law” in the past, it is entirely likely that the first thing that comes to mind is false advertising.

You see an ad about a product that promises to deliver a world of outstanding benefits and exceptional results. Only for you to buy it and realize that it is not at all what it was propped up to be.

Be that as it may, consumer law is so much more than that and encompasses a wide range of industries. So, what is consumer law anyway, and what does it mean for you?

This article explores the answers to both these questions in depth.

What Is Consumer Law – Definition

Consumer law refers to a cluster of different laws that exist to protect the general public from predatory and unfair business practices. That way, you don’t fall victim to the unscrupulous ways in which some businesses operate.

It is at the heart of consumer protection. Here are some of the notable pieces of legislation that focus on this branch of law.

The Federal Food, Drug and Cosmetic Act

This is one of the many significant consumer protection laws in the US. It gives the federal government legal jurisdiction to regulate a wide range of consumables, including food, medications, cosmetics, and tobacco.

The Food and Drug Administration (FDA) is the federal agency charged with enforcing this particular law. It has the power to decide which products consumers can access freely over-the-counter and which ones require a prescription.

It also has the power to decide which products require the manufacturers to display warning labels on them and truthfully report on the ingredients used in the making of said products.

The Consumer Credit Protection Act

This 1968 legislation is designed to protect consumers against the potentially predatory practices of lenders. This law compels lenders to explain the true cost of borrowing money in a language and style that the average consumer, with little to no legal or financial background, can easily understand.

The Consumer Credit Protection Act consists of several critical consumer protection laws with some of the most notable ones being:

The Fair Debt Collection Practices Act

If you owe money to a financial entity and have perhaps fallen behind on your payments, this 1977 Act protects you against the unsavory practices of debt collectors.

The Act prohibits them from calling you at odd hours of the night or making repeated harassing phone calls about your unsettled debt. It gives you the right to communicate with them in writing to ask them to stop contacting you about the money you owe.

Nonetheless, the debt collection company can opt to file a formal suit against you to get the courts to intervene on their behalf.

The Fair Credit Reporting Act

It regulates how credit reference bureaus use consumers’ personal information. It compels these agencies to let consumers know when an organization or any other entity uses the information they have on them to deny employment or credit.

The Act also requires them to update or correct any inaccurate information they may have, and only report on up-to-date information.

The Truth in Lending Act

This law protects consumers from unfair billing practices and deceptive advertising. The Truth in Lending Act – also known as Title I – requires lenders to provide their potential and existing customers with a complete cost breakdown of the total cost of a loan.

This allows potential customers to shop around and find the best loan that fits their existing financial situation.

The Uniform Deceptive Trade Practices Act

A deceptive trade practice is any activity that a business engages in to lure or mislead the public into buying a product or service. The most common deceptive advertising examples include odometer tampering and false advertising.

Odometer tampering is the fraudulent practice of rolling back the mileage of a car to make it appear lower than it is (also see Lemon Laws).

So, if you end up buying a car based on its apparent low mileage, only to later realize that you may have fallen victim to odometer tampering, you have the right under US Consumer Laws to seek legal recourse against the offending party.

Since deceptive trade practices can affect both individuals and businesses across different states, several of them have taken up the widely-accepted Uniform Deceptive Trade Practices Act (UDTPA).

It touches on all the different forms of deceptive representation involving commercial goods and services. The states that haven’t adopted the UDTPA have laws in place that are quite similar to the Act.

Types of Deception in Advertising

There are several forms of false advertising. Some of the common ones include:

Mislabeling – This involves the use of false or misleading information on product packaging or websites

Bait-and-switch – This involves a company making claims on the price or quality of a particular product with no intention of selling or providing the commodity at the aforementioned price or quality

Failure to disclose – This involves a company’s failure to include material and information about its products or services

Flawed research – This involves a company making claims based on flawed research

Trademark infringement / Product disparagement – This involves a company using another (often reputable) entity’s trademark to imply some kind of relationship between them; or falsely disparaging another company’s product in their marketing efforts

The National Consumer Law Center (NCLC) specializes in consumer-related issues on behalf of lower-income individuals.

If you believe you’ve been duped into purchasing and using a product or service, based on false advertising practices or any other form of misrepresentation of the product in question, the NCLC has a team of private attorneys and other legal services working in the organization to advocate for consumer reform.

Creating a Level Playing Field for All

So, what is consumer law in a nutshell? Well, it’s all the different pieces of legislation that exist to ensure that a business discloses exactly what it is you’re buying.

That way, you know what a product does, how it does it, and what it is made of. It also protects you from unfair, false, or misleading advertising, as well as ensuring that the debt collection practices you’re subjected to are fair.

The goal of consumer law is to ensure that every step of the sale-to-purchase process is geared toward creating a fair, transparent, and equitable environment for everyone involved.

If you have any legal questions about a potential consumer law issue, you can chat online with a Laws101.com attorney, or search through our list of consumer law attorneys.

Where Is It Legal to Tie up Your Boat?

Legal Assistant July 31, 2020Maritime Law, Resources

If you’re a boat owner or thinking of becoming one, one of the fundamental things you need to know is: where is it legal to tie up your boat?

There are strict laws that you need to adhere to and, therefore, must know before you get underway. Otherwise, your peaceful weekend on the water could quickly turn into a legal nightmare that is better avoided.

So, with that being said, here are the places and circumstances where it’s legal to tie up your boat.

Mooring Buoys

First off, if you’re not familiar with the term, you might be wondering – What is a mooring buoy?

This type of buoy is not a regular, bright-colored floating marker in the middle of the sea. Mooring buoys are a lot heavier than conventional buoys and are typically used to tie up ships in the middle of a body of water. It has a heavy weight located at the bottom of the sea, to anchor and hold the buoy in place.

Here’s how to moor a boat:

First, direct your boat to a position where you can see the buoy.
Next, look out for the pick-up line and use your hook to latch on to it.
Direct your boat’s bowline to pass through the pick-up line.
Then, attach the ends of the bowline to the cleat of your vessel. It’s never a good idea to tie the pick-up line directly to your boat.
Also, don’t anchor your boat to the moor using a stern tie, as this could potentially damage it.
Finally, once you’ve tied your vessel to the mooring buoy, double-check the knots to ensure that everything holds up well.

At the risk of stating the obvious, ensure that the buoy you’re anchoring your boat to is a mooring buoy. There are several others you’ll find on the water that are illegal to use. They include:

Safe water markers – These are also called fairway buoys and are identified by their red and white vertical stripes. Don’t anchor your boat to these.

Non-lateral markers – These are used as navigational aids and are characterized by their white and orange markings. They also have black letters displayed on them.

Regulatory buoys – These are white with two horizontal orange stripes and a diamond/circular shape between the lines. They indicate dangers or restrictions that approaching vessels should be aware of.

Tying Your Boat to a Dock

You also need to know how to tie a boat to a dock. A dock is a structure that extends outward from the shore into the sea, ocean, lake or any other body of water.

Here’s the thing about mooring your boat to a dock. If you don’t do it properly, you might just end up with a damaged boat hull as a result of the vessel rubbing against the main dock, the dock finger, or worse, another boat – and you know what that means.

There are several ways to moor your boat to a dock.

1. Using Breast Lines

These are docking lines that are designed to move the boat closer to the floating dock. Their short length secures the boat, therefore, preventing it from drifting away.

2. Using Bow and Stern Lines

The idea behind using these two docking lines is to prevent your boat from drifting away or shifting from side to side. Bow lines run from the bow forward to the dock, whereas stern lines run from the stern and aft to the dock at the back of the boat.

Also, check that your lines are not a tripping hazard; otherwise, you could be liable for damages if someone trips on them and falls.

3. Using Spring Lines

Spring lines are designed to oppose the aft motion of the boat as it floats on the dock. The aft spring lines oppose the stern motion of the boat, while the forward ones oppose the bow motion.

Where Is It Legal to Anchor a Boat?

So far, we’ve looked at mooring buoys and docking a boat. Anchoring refers to using your own, well – anchor, to secure your vessel.

Anchoring can only be done for short periods at a time. You shouldn’t leave your vessel unattended for long periods. Before you go ahead and anchor your boat, ensure that you’re familiar with your local boating laws to identify the areas where anchoring is prohibited. Otherwise, you might just land yourself a citation.

Certain areas, for instance, have been marked no-anchoring zones to keep marine pathways open for commercial boats passing through. In other areas, local governments have imposed an outright ban on anchoring to clear the water of liveaboards and abandoned boats.

When you do anchor your boat in a permitted area, ensure that your anchor light remains on at dusk or during any low-visibility condition.

Other Boating Laws

Aside from the mooring, docking, and anchoring regulations in your state, you may also want to know:

Is it legal to drink on a boat?
Is it legal to carry a gun on a boat?

The law on these varies from one state to the next, so check your state laws. In Michigan, for instance, drinking on the water is not illegal. Both the passengers and boat operator can cruise around with a pint or two of beer.

However, the blood-alcohol level of the boat operator should never exceed 0.1 percent. Anything above that and you’ll be arrested for boating under the influence (BUI). So, get to know what the blood-alcohol limits in your state are before taking your boat out on the open water.

As far as the legality of carrying a firearm goes, the short answer is – yes, it is legal. However, some specific laws and regulations may apply. It ultimately comes down to whether or not your state-issued concealed-carry license or permit allows you to open-carry your weapon – in which case you can take it on board your boat.

State vs. Federal Maritime Laws

So, in summary, it is legal to tie up your boat to mooring buoys, boating docks, and anywhere else where anchoring your boat does not obstruct traffic for commercial vessels.

It’s always a good idea to read up on your local boating laws to avoid getting a citation for mooring or anchoring your boat in a prohibited zone.

Additionally, there are varying state and federal laws and regulations that govern boating activities on any body of water or navigable waterway within the US. Some waterways cross multiple jurisdictions, so it’s important to read up on the laws for each jurisdiction. Failure to adhere to state and federal maritime laws may land you in hot water.

If you caused damage to another boat in the water or run into any other type of boating-related trouble, you will want to get in touch with a skilled maritime lawyer since liability claims under maritime laws can be quite substantial.

If you have any legal questions, you can chat online with a Laws101.com attorney. We’re always available to help point you in the right direction.

Where Is Gambling Legal?

Legal Assistant July 31, 2020Administrative Law, Regulatory Law

Gambling is a fun pastime for anyone looking to inject a bit of thrill and excitement into their life. If you’ve been to Vegas before, then you understand this fact all too well.

But, before you dive in headfirst, you need to establish what your state gaming law defines as “legal gambling.” Otherwise, you might just find yourself behind bars for engaging in outlawed activities.

A couple of questions you should ask beforehand are:

Is gambling illegal in my state?
What types of betting activities are prohibited in my state?
What US gambling laws should I be aware of to avoid engaging in illegal activities?

Here’s everything you need to know about this complex topic.

Is Gambling Illegal in the US?

The short answer is – no, gambling is not illegal in this country. If it were, places like Atlantic City and Las Vegas would not exist.

It’s no secret that the US has had a long and complex history with gambling. Specific activities have, at certain points in time, been outlawed, only for more permissive laws around them to be passed later down the line.

The fact that individual states have laws that define the legality of gambling within their borders, further feeds into this observed back-and-forth.

So, where is gambling legal?

The fact that there is no federal gaming law explicitly prohibiting gambling in the US means that it is not illegal. Be that as it may, the country does have specific laws that impose certain restrictions on gambling activities.

The Federal Wire Act of 1961, for instance, outlaws gambling activities that take place across state lines. So, while it may be perfectly fine to place a bet with a bookie within your state, the same action becomes illegal if you do it with bookmakers located in a different state.

Moreover, sports-betting has, up until recently, always been restricted due to the Professional and Amateur Sports Protection Act of 1992 (PAPSA). This federal law didn’t outlaw sports betting per se. What it did do is prevent states that didn’t already allow sports gambling, from legalizing it in the future.

In 2018, the Supreme Court overturned this statute paving the way for states to make legislative decisions on whether or not to legalize sports betting in their jurisdictions.

Is Online Gambling Legal?

Online gambling is yet another can of worms. Until the recent Supreme Court Ruling, “gambling by computer” was prohibited, regardless of the specific type of game an individual engaged in.

As long as there’s some form of real-world money exchange that takes place and some level of risk involved, then the gaming activity falls squarely within the definition of gambling.

The Unlawful Internet Gambling Act of 2006 outlawed the operation of online gambling sites anywhere on US soil.

But, when the US Supreme Court overturned PAPSA in 2018, the ruling opened the floodgates for making online sports betting legal in the country, since each state was now responsible for passing its laws on online sports betting.

It’s important to note that only online sports betting became legal. Any other form of online gambling remains illegal to date.

Online sports betting states

Some of the states where online sports betting is now no longer banned include Colorado, DC, Illinois, Iowa, Mississippi, New Jersey, Pennsylvania, West Virginia, and several others.

Nevada is the only state that was exempted from PAPSA, meaning that online sports-betting has always been legal there. Online fantasy sports leagues were also exempt from the Act.

Outlawed states

The only two states in the US that completely ban all forms of gambling, including online sports betting, are Hawaii and Utah.

Local jurisdictions have the power to decide whether or not to allow gambling, even if it is considered legal at the state level. So, individual cities and counties may elect to outlaw gambling and prevent casinos or other types of gaming parlors from setting up shop there.

Is Lottery Gambling?

Technically-speaking, lotteries are a form of gambling since they involve the drawing of random numbers for a random prize. Their legality comes into question when you look at how they are run. So, let’s set the record straight, shall we?

Lotteries are illegal across the country unless the government runs them. State lottery laws have to establish:

What the official purpose of the lottery is – for instance, raising money for the public education sector

Define how the revenue generated from the lottery is distributed

Whether or not to garnish the lottery prizes for child support payments, delinquent taxes, etc.

Come up with the time constraints for winners to collect prizes

The Texas state lottery, for instance, was established in 1992 and is run by the Texas Lottery Commission. It offers games like Powerball, Mega Millions, scratch-tickets, and several others. The distribution of lottery revenue in the state is as follows:

62% of it goes towards the payment of prizes
27% goes toward funding the state education system
11% of it goes towards running costs and expenses

How Much Money Can You Win Gambling Without Paying Taxes?

Gambling winnings tax is applicable for both cash and non-cash prizes. There are no two ways about it.

Cash winnings include the prize money you get from a lottery payout, slot machine, poker tournament, or any other table game, raffle, Bingo, and even a sweepstake. If the prize is in a non-cash form like a car or vacation, you still have to include its fair market value when reporting your taxable income.

The law requires that you file Form W-2G if you won:

$600 or more if the prize money is 300 times what your initial bet was
$1,200 or more in prize money from slot machines or Bingo
$1,500 or more in prize money from keno
$5,000 or more in prize money from a Poker tournament

Federal taxes on your winnings are withheld at 25% flat. You’ll also need to itemize your gambling losses tax deductions, but only to the amount that you report as your gambling winnings. These have to be documented by keeping an accurate journal of your winnings and losses. That way, you have verifiable proof of your gambling losses.

Learn About the Gaming Laws in Your State

So, is gambling illegal? The main takeaway is that conventional gambling activities like racetrack betting, casino gaming, sports betting, and lotteries are not illegal. On the other hand, online gambling activities that don’t involve sports betting are.

Keep in mind, though, that Utah and Hawaii are the only two states in the country that ban all forms of online gambling – including sports betting.

If you have an idea for a new gaming business model, or simply want to know more about your gambling rights, find a gaming attorney who is familiar with this regulatory and legal specialty.

What Is White Collar Crime?

Legal Assistant July 31, 2020Criminal Law

Flashback to June 2003, when Martha Stewart, America’s most beloved homemaker, was indicted for the role she played in the insider trading of ImClone stocks, merely a day before their price plummeted into oblivion.

In a highly publicized trial, a jury found the television personality guilty of two counts of making false statements to federal investigators, conspiracy, and obstruction of justice. She was sentenced to five months behind bars, five months of house confinement, and two years’ probation.

This is just one of the many white collar crime examples involving some form of perpetuated deceit, which is, in most cases, motivated by financial gain.

But what is white collar crime anyway, and what types of crimes fall into this category of criminal offenses? Here’s everything you need to know about it.

White Collar Crime Definition

“White-collar crime” is a term that was coined in 1939 and is used to describe the full range of offenses committed by both corporate and government professionals. They are characterized by concealment, blatant deceit, and gross violation of trust, without the involvement or threat of violence or physical force.

The primary motivation behind white collar crime is financial – to gain or avoid the loss of property, money, or services. It could also be to secure some type of advantage, whether on a personal or business front.

List of White Collar Crimes

There are several different types of criminal offenses that are classified as white collar crimes. Here’s a list of the top 10 most common ones you’ll come across.

Securities Fraud

Securities fraud comes in several different forms, with the most common type being insider trading. It is committed when someone, who’s privy to inside information about an investment or company, uses the said information to trade.

Another type occurs when an individual lures a prospective investor to put up money based on false or misleading information about the company’s finances, health, or prospects.

Mortgage Fraud

It is arguably one of the most widespread forms of white collar crime in the US. The term mortgage fraud is broad and encompasses several different types of illegal activities, including:

Overstating a property valuation to get a mortgage amount that’s substantially higher than its actual value
The borrower reporting non-existent income or assets
Posing as the borrower to purchase on behalf of someone else

Corporate Fraud

This type of corporate crime involves the intentional misrepresentation of a company’s financial information or activities to mislead the general public on its financial health and inflate the profits.

It could take the form of falsifying accounting entries by underreporting expenses to boost profits, which would, in turn, make a business appear more profitable than it is.

This type of fraud inevitably leads to massive losses in investments among shareholders in the long run and a general distrust of the company.

Embezzlement

Embezzlement involves stealing money from a person or entity that an individual has some form of duty.

The most common example of this type of offense is a company employee siphoning funds from their employer and channeling them to a personal account. It could also be in the form of an investment adviser, who misappropriates client funds, that they were entrusted with to protect.

Tax Evasion

Tax evasion involves the deliberate attempt to avoid paying taxes duly owed to the federal government. This form of white-collar crime involves anything between underreporting your income when filing tax forms, to irregularly transferring property you own to another person or entity to evade tax.

Money Laundering

It refers to the criminal act of “cleaning-up” money obtained through illegal activities, by filtering it through a series of transactions designed to make it appear as though it was earned through legal channels.

Laundering “dirty” money involves three steps:

Depositing the money into a financial institution such as a bank or brokerage
Separating the money from its “dirty” origin by subjecting it to several layers of complex transactions that make it impossible to trace it back to its source
Mixing the freshly laundered money with money that’s been legitimately obtained, by purchasing or selling assets

Ponzi Schemes

What is a Ponzi scheme? It is essentially a fraudulent investing scam that lures unsuspecting individuals to put their money in a fake low-risk and high-returns investment enterprise that is, in most cases, non-existent.

The success of this scam is perpetrated by the payment of quick, lucrative returns to the early investors, using monies received from later investors.

Mass Marketing Fraud

Mass marketing fraud is a broad term that involves a fraudulent scheme that uses any of the existing mass communication methods like mail, telephone, or internet, to defraud victims out of small or large amounts of money.

It takes many forms, including a too-good-to-be-true advance payment for commodities, once-in-a-lifetime” high-pressure sales tactics, requests for personal and often sensitive information, or unsolicited offers.

Election Law Violations

These are crimes that violate the Federal Election Campaign Act of 1971. Some of these include:

Creating and submitting false campaign finance reports to the Federal Election Commission
Concealing the amount in donations received and/or the identity of the donors in question
Violating campaign disclosure laws on the source of campaign funds

Transnational Crime

These are offenses whose actual or potential effects translate across both intrastate and national borders. Transnational organized crimes that involve activities like money laundering, extortion, contraband, weapons dealing, and human trafficking all fall into this category of white collar crime.

White Collar Crime Average Sentence

According to a 2019 report published by the United States Sentencing Commission, the average sentence of white-collar crimes varies significantly depending on the economic crime in question.

Securities and investment fraud offenders reported the longest sentences at an average of 52 months. False statement offenders, on the other hand, report the shortest average sentence at just five months.

The average sentence for all economic crime perpetrators is typically 23 months.

The Best Defense Is a Great Offense

Depending on the nature of the charges you’re facing, white-collar crimes involve a wide range of federal and state statutes that each carry several possible punishments. An experienced white collar criminal lawyer can help you navigate all the possible lines of defenses available to avoid any criminal liability and a hefty jail term.

If you have any legal questions on white-collar criminal charges, feel free to chat online with a Laws101.com attorney. We’re always available to address any legal issues you may be facing.

black lives matter movement featured image

Black Lives Matter Movement: What Is It?

Legal Assistant July 31, 2020Civil Rights

On the evening of February 26, 2012, George Michael Zimmerman shot and killed 17-year old Trayvon Martin, as the young teen walked home from a convenience store with an iced tea and candy in hand. No one could ever have envisioned the ripple effect his alleged murderer’s acquittal would spur a year later.

What first started as a Black Lives Matter (BLM) hashtag in 2013 has since evolved into a massive civil and human rights movement, whose goal is to end white supremacy and systemic racism perpetrated against members of the Black community in the United States.

Since Martin’s death, Ahmaud Arbery, David McAtee, Breonna Taylor, and George Floyd, are just a few of the African-Americans who’ve had their lives cut short at the hands of racial impunity.

So, what exactly is the Black Lives Matter movement? And, what impact has it had on the legal and political landscape in the country? Here’s everything you need to know about it.

What Is Black Lives Matter?

Black Lives Matter is a human and civil rights movement that pushes for the liberation of the Black community from what has been state-inflicted and racially-motivated violence targeted at them.

The focus of the movement has been to fight for the fundamental reorganization of the society, to free Black people from systematic dehumanization and criminalization.

Before going any further, it’s important to make the distinction between Black Lives Matter the movement versus the Black Lives Matter organization.

The latter refers to a global decentralized foundation that has several chapters in the US, the UK, and Canada. Its mission is to push for the eradication of white supremacy and fight for the liberation of Black communities across the world.

The Black Lives Matter movement, or Movement for Black Lives as it is also called, is a conceptual collective umbrella of several Black liberation organizations in America. They do important work to effect significant policy change on both a local and national level for issues plaguing the African-American community.

Some of the notable organizations under the Black Lives Matter coalition include the Organization for Black Struggle, Millennial Activists United, the St. Louis Action Council, Assata’s Daughters, the Dream Defenders, the Black Youth Project, and several others.

When Did Black Lives Matter Start?

To answer this question, you also need to ask – How did Black Lives Matter Start? It all began with the #BlackLivesMatter social media hashtag in July 2013, after widespread public outrage over the outcome of the George Zimmerman case.

Zimmerman was acquitted on murder charges for the shooting of Trayvon Martin in an unfortunate incident that had occurred 17 months earlier.

The movement gained momentum in the following year when the deaths of two African-Americans – Michael Brown and Eric Garner – sparked civil unrest in Ferguson, Missouri, and New York City, respectively.

Since then, participants of the movement have been involved in street demonstrations to protest the growing trend of police brutality meted out at members of the Black community.

Black Lives Matter Founder

The call to action and hashtag was the creative work of Opal Tometti, Patrisse Khan-Cullors, and Alicia Garza. The three then embarked on an expansion mission of the BLM project between 2014 and 2016, to form a globally-connected network of activists under Black Lives Matter Inc. – the organization.

Nonetheless, what is usually referred to as the “Black Lives Matter” movement, is actually the coalition of Black liberation groups across the country that represents the interests of the African-American community.

The movement was born out of the need to create a united front to counter the growing violence against members of the Black community.

In July 2015, roughly 2,000 activists of the BLM movement convened at Cleveland State University to discuss various strategies they could employ to hold law enforcement accountable for their actions, on a national level.

The result of this meeting, however, was a large-scale social movement that led to the establishment of the Black Lives Matter platform. This united front articulates the demands, goals, and policy changes that the movement pushes for, to achieve the total liberation of Black communities across the nation.

The platform has six demands.

1. End the War on Black People

The platform demands an immediate end to the criminalization, dehumanization, incarceration, and killing of the youth in the African-American community. It also calls for an end to:

Capital punishment, mandatory fines, money bail, court surcharges, fees, and “defendant-funded” court proceedings.

Mass surveillance on African-American communities.

The militarization of law enforcement, particularly on school and college campuses.

The privatization of all criminal justice-related services, including jails, prisons, police, parole, and probation.

The use of individuals’ past criminal history to determine whether or not they are eligible for employment, housing, licenses, education, and several other services.

2. Reparations

The movement further demands reparations for both past and ongoing harm perpetrated by the government, various institutions, and corporations that have profited from the exploitation of and harm done to Black people. These reparations include:

A guaranteed minimum livable income for all African-Americans, to stop the continued exploitation of, discrimination towards, and divestment from the Black community.

Compensation for the cultural and educational extraction, erasure, and exploitation of the community, through mandatory public school curriculums that critically explore the social, political, and economic impact of slavery and colonialism.

Compensation for the systemic denial of full and free access to high-quality educational opportunities for members of the African-American community.

Compensation for the wealth that was stripped from the Black community through racialized capitalism, food apartheid, slavery, and environmental racism.

State and federal level legislation that requires the United States to recognize the lasting effects of slavery and come up with an executable plan to address those effects.

3. Invest/Divest

The BLM movement also calls for more investment in the health, safety, and education systems in Black communities and divestment from exploitative measures taken against the community. Some of the policy changes fronted by the movement include:

Divestment from military expenditures and reinvestment in the domestic infrastructure and wellbeing of the Black community.

Divestment from the industrial use of fossil fuels and reinvestment in sustainable energy solutions for the community.

Investing in equitable and meaningful universal health care that guarantees mental health services, full reproductive services, quality, and comprehensive child and elder care, as well as specific services for trans, gender non-conforming, and queer people.

Reallocating funds at the local, state, and federal levels, from policing and incarcerating Black people to safety strategies like employment programs, restorative justice services, and education.

Retroactively decriminalizing, releasing, and expunging records of individuals with prostitution and drug-related offenses and channeling the resulting revenue and savings into programs designed to support people who have been affected by the drug and sex trade.

4. Economic Justice

The BLM movement demands economic justice that focuses on the reconstruction of the economy, to ensure that the African-American community is not only granted access but also has collective ownership of wealth and resources.

Some of the notable issues the movement actively pushes for include:

Authorization “On-Demand Economy” workers working in both the private and public sectors to organize.

Democratic control over how the available resources are used, distributed, and preserved to ensure that it is done is a way that honors and respects the rights of the Black indigenous community.

The development of social and/or cooperative networks through government-directed resources – like loans and tax incentives – to facilitate trade both in Black communities and at a global level.

The establishment of state and federal job programs specifically targeted at the marginalized members of the Black community. The job programs should provide not only adequate support for the local workers, Black-owned enterprises, and unions but also offer a living wage.

The sustainable and radical redistribution of wealth through the progressive restructuring of tax codes at federal, state, and local levels.

5. Community Control

The BLM movement demands more control in the formulation of the policies, laws, and institutions that affect the Black community. It calls for a seat at the table when it comes to issues affecting the local schools, economies, budgets, land, and police department to ensure that the rights and history of the Black community are respected.

Some of the notable demands include:

Community control of federal, state, and local law enforcement agencies. This is to ensure that the communities most affected by racially-motivated destructive policing are given the authority to hire and fire the offending officers, determine the disciplinary action that should be taken against them, control policies and budgets, and subpoena the relevant agency information should the need arise.

Direct participatory budgeting at the federal, state, and local levels.

Ending the privatization of education, and giving the real power to the students, parents, and school community members, to have more of a say over the discipline policies, hiring and firing of school leadership, and community control over the curriculum.

6. Political Power

Last but not least, the movement further calls for a total transformation of the existing US political system to pave the way for the creation of a true democracy that allows the Black community and marginalized populations to exercise their full political power.

It would involve taking the following measures.

Ending “money controlling” politics through unchecked corporate donations to allow for public financing of elections.

Full representation for every individual, universal access to the internet, and net neutrality.

Releasing all Black political prisoners and ending the repression of political parties and criminalization of what has historically been viewed as Black political activity.

The protection of and increased funding for Black institutions such as Black media, Historically Black Colleges and Universities (HBCUs), and social, political, and cultural formations.

The right to vote for all people through the universal registration of voters, electoral expansion, and election protection.

Who Funds Black Lives Matter?

In a 2015 article published by POLITICO, activists in the protest movement met with liberal donor club members to discuss all-things funding.

The Democracy Alliance – a major liberal donor club – recommended that its donors step up their donations in support of the endorsed liberation groups within the BLM movement.

Since then, however, there have been several high-profile donors who have funded the movement, with some of the most notable ones being Solidaire, Leah Hunt-Hendrix, the Ford Foundation, and George Soros.

Police Brutality Against Blacks

The most vocal demand of the movement protests witnessed across the country – many of which degenerated into Black Lives Matter riots – is the fight to end the police brutality meted out at members of the African-American community.

According to Black Lives Matter statistics, the country has more than 200 entities charged with the direct oversight of local law enforcement agencies.

But, despite the alarming trend in the unjustified disproportionate use of excessive, and often lethal force on the Black community, there are still no national standards that allow for civilian oversight for law enforcement – both in patrol settings, as well as in custody environments like holding cells, lock jails, and detention facilities.

As if that wasn’t enough, state law in 30 states makes it impossible to alter the contractual bargaining power to hire and fire police officers. On a federal level, agencies that inflict violence on civilians have close to zero accountability to the most affected minority populations.

The solution proposed by the Black Lives Matter movement involves:

Determining the appropriate disciplinary action to be taken in instances of police misconduct related to the use of excessive or lethal force

Determining the funding of law enforcement agencies

Getting and retaining concrete information retrieval methods (like subpoena power) from both law enforcement and third parties in circumstances that involve the use of excessive, lethal, or sexual force.

Giving civilian oversight agencies the power to hire and fire law enforcement officers

Setting and enforcing policies

By implementing these policy changes as proposed by the movement, communities will be able to significantly minimize the number of African-American people affected by police violence.

The Long Walk to True Democracy

The Black Lives Matter movement has come a long way since it first began in 2013. While the country still has a long way to go in effecting the proposed policy changes, one thing is for sure – It’s no longer business-as-usual.

The BLM movement is transforming the way Americans organize, think, and talk about racial equality, freedom, and liberation. It has given everyone a framework to envision what true democracy looks like.

If you are a victim of racially-motivated police brutality, get in touch with any of the Black lawyers in our panel of competent attorneys to get the justice you deserve.

For any legal questions related to the BLM movement, feel free to chat online with a Laws101.com attorney. A volunteer legal assistant is always on call to address any legal issues you may have.

What Does a Father’s Rights Lawyer Do?

Legal Assistant July 31, 2020Divorce Law

Before getting into what a fathers’ rights lawyer does, here’s a little background on why they exist in the first place.

It is common knowledge that family law and family courts, in general, are generally biased against men. There’s no debate about that.

The assumption has always been that kids are better off with mom. A father’s role is relegated to paying child support and spending time with the kids every other weekend. If you wanted a different arrangement, you would have to have a darn good reason for it.

If you’re currently in the middle of a heated custody dispute or want the right to play an active role in your children’s upbringing, then you need to get the best fathers’ rights lawyer to represent your interests.

So, what exactly can they do for you? This article explores in depth the role of a fathers’ rights attorney.

What Does a Fathers’ Rights Attorney Do?

Up until recently, joint and shared custody arrangements were generally frowned upon by the courts. It was not considered to be in the child’s best interests since it denied them the right to have a stable home environment, which is critical to their growth and upbringing.

Whether or not this has changed ultimately depends on which state you live in. In several southern states, for instance, traditional gender roles are deeply entrenched and interwoven into the very fabric of the existing societal values.

So much so, that in certain rural counties in these states, no judge would give custody of the children to the father. You would have to prove that the mom was failing miserably in their parental role.

So, what can a family lawyer specializing in fathers’ parental rights do for you?

1. Child Visitation Rights for Fathers

As a biological father, you have the right to pursue child custody or visitation rights. This is true regardless of whether you and the child’s mother were married or not.

Nonetheless, just like any other child custody decision, a court has to rule in the best interests of the child. And, in most cases, unless proven otherwise, it is always in a child’s best interest to have both parents playing an active role in their lives. So, more often than not, child visitation rights for fathers will be granted by the judge.

For unwed dads, the first step to cementing their rights is establishing paternity.

The process usually involves both parents acknowledging paternity by signing the birth certificate either at the time the child is born or afterward.

The point is – there should be a birth certificate that indicates that you’re the father.

In instances where paternity is in doubt, or there was a failure on your part to sign the birth certificate, a DNA paternity test will have to be done before a court order is issued, stating that you are indeed the child’s father.

Negotiating a Parenting Agreement

The legal proceedings always begin with the parents negotiating an agreement, the details of which include:

Specifying which parent will have primary custody of the child
Who will make the decisions relating to the child’s welfare like where they go to school, health care matters, religion, etc.
Procedures for changing any aspects of the agreement in force

For unwed parents, visitation rights for the fathers usually depend on factors like their existing relationship (or lack thereof) with the child, any history of drug or alcohol use, child abuse, and several other considerations that all contribute to the welfare and safety of the child.

If you need help establishing your parental rights and are not quite sure how to jumpstart the process, a simple online search for the best fathers rights attorney near me will connect you with a lawyer in your area.

If you and the mother of your child cannot agree on a workable parenting agreement, you may request the court to grant you access through a contested hearing.

2. Termination of Parental Rights

Every parent has the right to be involved in their child’s care, safety, welfare, education, and custody. Nevertheless, their parental rights – whether maternal or paternal – can be terminated voluntarily or involuntarily.

The voluntary termination of your parental rights is a lengthy and complex legal process that varies from state to state. A father’s rights lawyer can help you navigate the process to help you get a favorable ruling. Keep in mind; a positive outcome isn’t always guaranteed.

The involuntary termination of your parental rights occurs when the mother of your child seeks to severe your rights. It may also happen when a state agency initiates legal proceedings to terminate the rights of both parents.

Factors that contribute to the involuntary termination of parental rights include child abuse, incarceration of the parent, failure to support the child, and abandonment.

If you’re not sure how to fight termination of parental rights, you’ll need to retain a competent fathers’ rights lawyer to help you prove that you’re fit to retain your rights.

3. Mothers’ Rights vs. Fathers’ Rights in Adoption Cases

In all states, the law grants both the mother and father the right to consent to the adoption of their child. For a father to retain his rights, he first has to establish paternity through a DNA test or the existence of a signed birth certificate.

You can have your parental rights terminated if there is evidence to show that you haven’t been paying child support, have abandoned your child, have some sort of mental incompetence, have a history of child, alcohol, or drug abuse, or any other indicator of parental unfitness.

A fathers’ rights attorney understands the intricacies of your state’s adoption laws to help you through the process or challenge it altogether if you deem it wrongful.

You Have the Right to Be in Your Child’s Life

All in all, exercising your parental rights or even fighting to retain them is a complex and lengthy affair.

You’ll need to get in touch with the best fathers’ rights lawyer to help you gather evidence, prepare the court paperwork, and draft the legal agreements necessary to protect your rights. It will help you ensure that you establish and maintain a relationship with your children as they’re growing up.

Remember, the formative years are the most important in your children’s development. So, you need to be present every step of the way. If you have to wage a legal war to do it, then, by all means, do it. Your kids are worth it.

SEARCH FOR A FATHER’S RIGHTS LAWYER

Stand Your Ground Law: Legal Rights and Liabilities

Legal Assistant June 29, 2020Personal Injury Law Leave a Comment

If you thought that self-defense cases were straightforward, well, you thought wrong. This isn’t always the case, especially in states that have a stand your ground law.

If you’ve previously come across cases that involve it, then you’re likely aware of the controversy this law generates. It essentially means that an individual can get away with causing harm, injury, or even death to another person if they perceive their actions as “threatening.”

But that’s just the tip of the iceberg. So, what is a stand your ground law and what legal rights and liabilities should you be aware of, particularly if you live in a state that has it in force? Here’s what you need to know.

What Is a Stand Your Ground Law?

Stand your ground allows people to respond to physical force or threats in any way they deem fit, without the risk of facing criminal prosecution for their actions.

So, if you live in any of the stand your ground states and someone comes at you in a way that you perceive to be a threat to your safety and wellbeing, you can use a firearm to defend yourself without the risk of a manslaughter charge.

If the same incident happens in a non-stand-your-ground state, you will have to defend against a manslaughter charge. Their argument – you should only result in using lethal force as a last resort. So, you would have to prove that it was the only life-saving option you had at the time.

You would need to show the court that you either retreated from the situation or, at the very least, tried to. This has everything to do with the concept of duty to retreat.

It means that if you ever find yourself under an imminent threat, you first have to escape from it before responding to it with lethal force in self-defense. More than half of the states in the country adhere to this standard.

So, if you think about it, stand your ground laws is a revocation of the duty to retreat. Meaning that you can defend yourself using any means you deem appropriate – even if it means using deadly force – without first attempting to retreat from the aggressor.

What Is Deadly Force?

This is an amount of force that, when applied to an individual, is likely to cause grievous bodily harm, injury, or death. It is also referred to as lethal force. The next question you might ask is – when is deadly force justified?

Deadly force justification is applicable if you reasonably believe that the use of or threat to use such an amount of force is necessary to offset imminent death or grievous bodily harm/injury to yourself or someone else. In such instances, the use of lethal force is justified.

Here’s a scenario to paint a picture. Assume you live in a stand your ground state.

If you happen to be standing on a public sidewalk, minding your own business, and you spot someone a couple of yards away walking towards you while wielding a knife, in what would appear to be a threatening way, you don’t have a duty to retreat.

The law allows you to stand your ground and use deadly force to stop the person from killing or causing you grievous bodily harm/injury. You have the right to self-defense.

Picture this scenario as well. You’re standing on the sidewalk, and someone proceeds to shove you as they walk past. You lose your cool and engage them in a fistfight. In the process, they pull out a knife, and you pull out your gun to shoot them. In this instance, the use of deadly force is not justified since a jury might find that you engaged in criminal activity beforehand, i.e., the fistfight.

Castle Doctrine vs. Stand Your Ground

Your home is your castle. According to the Castle doctrine, there’s no duty to retreat if you confront an intruder in your home. Castle doctrine states allow citizens to use an appropriate amount of force, even if it is lethal, to defend against someone who breaks into their home. The definition of an “intruder” is someone who:

Unlawfully and forcibly enters, or tries to enter your home; and
Is also not a member of your family or household

Some Castle doctrine states like California usually have a “legal presumption” caveat attached to the law. And, it’s that – the resident should have a reasonable fear of imminent death or suffering grievous bodily harm to themselves or other members of the household.

Keep in mind that the Castle doctrine centers on the castle. The intruder would need to be inside your home for you to apply the right to self-defense, which is one of the 2nd Amendment rights as provided for in the US Constitution.

Castle doctrine and stand your ground laws are in many ways quite similar. The only difference is where each of them applies. Castle doctrine is limited to your property, which may include your home or place of business. In some states, the doctrine may also apply to an individual’s car.

Stand Your Ground Controversy

Critics of this law argue that it encourages violence. That it leads to a shoot-first-and-ask-questions-later mentality, even in situations that could have easily been diffused without the use of deadly force. This inevitably results in more deaths and injuries that could have otherwise been avoided had the law not been in force.

On the opposite side of the fence, sit the proponents of the law. They laud it since it allows people to protect themselves without having to later prove in court that their use of lethal force was justified as a last resort.

An example of this controversy is in the recent case of Mark and Patricia McCloskey, who pointed guns at protestors on June 28, 2020 in St. Louis, Missouri, after they allegedly broke through the McCloskeys’ gated residence.

Mark McCloskey justifies his actions on defending his home on June 28, 2020.

Missouri is both a Castle Doctrine state and a stand-your-ground state, which means that, according to the current laws of the state, if the protestors did break through the McCloskeys’ locked entry gate, then they were justified in their response.

Nevertheless, they will still face legal scrutiny in addition to angry public scrutiny and death threats, according to the McCloskeys.

Talk to a Lawyer and Get All the Information You Need

Stand your ground laws can be complicated. One mistake, and you’ll be dealing with some pretty devastating consequences.

If you’re currently under investigation for shooting someone in self-defense, or you just want to learn about the stand your ground laws in your state, the best thing to do would be to get in touch with a top criminal defense attorney to shed some light.

If you need help, you can chat online with a Laws101.com legal assistant to help you find the right criminal defense attorney in your area.

What Is a Federal Crime and What to Do If Faced With Prosecution?

Legal Assistant June 24, 2020Resources Leave a Comment

Anytime the feds get involved in, well – anything, you know you’re in big trouble. That’s what happens when you violate federal laws.

The US criminal justice system can be confusing. Between federal laws, state laws, and local ordinances, it can get quite hard trying to figure out which jurisdictions certain offenses fall.

For instance, getting arrested on a burglary charge is not significant enough to warrant federal prosecution. Driving with a revoked license also falls within state jurisdiction. Getting arrested on drug possession can be both state and federal crimes. Counterfeiting and forgery – well, those are entirely federal.

So, what’s the difference between all of them? What is a federal crime, and what should you do if you’re facing federal prosecution? Here’s everything you need to know about it.

What Is a Federal Crime?

It is an offense that breaks federal law. When you think of crimes in general, the ones that probably come to mind first include robbery, murder, theft, arson, and rape. All these crimes violate state laws.

Legislators use their law-making ability at state-level, to come up with laws that regulate conduct. Since it’s the state that came up with the state laws, it also has the jurisdiction (power) to hear and rule on the cases that involve the violation of those laws.

On the other hand, the US Congress, which is the law-making arm of the government, has the authority to pass laws that impact interstate commerce, national security, or those that affect the federal government. Anyone who violates them commits a federal crime.

When crimes take place across state borders, the offense falls within the jurisdiction of the federal government, subsequently elevating it to a federal crime. If you commit a crime on federal properties like an Indian reserve, a national park, a federal building, or in the District of Columbia, that too falls in federal jurisdiction.

List of Federal Crimes

While it would be impossible to list all the examples of federal crimes, here’s a partial list of some of the most common ones you’re most likely to come across.

Mail Fraud

The term sounds innocuous, doesn’t it? Don’t be fooled. It’s a serious crime. So, what is mail fraud anyway, and how bad could it possibly be?

It is a lot more common than you would imagine. It involves using the US Postal Service (USPS) or any other private interstate courier, to deceive with the sole intent of committing a crime.

It means that if you mail something that’s associated with some specific type of fraud, the crime crosses over into federal jurisdiction. The most famous mail fraud conviction in history is no doubt the Charles Ponzi case. His notoriety coined the term Ponzi scheme. Mail fraud penalties involve a hefty fine and a prison term of up to 20 years behind bars.

Wire Fraud

What is wire fraud? To answer this question, you first need to understand what a “wire” is. The definition is rather broad and includes any writings, pictures, signals, signs, or sounds transmitted through radio, television, or wire in interstate communications.

Wire fraud has four elements to it:

The individual/entity created or played an active role in a scheme to defraud another party out of money or property
The individual/entity did it with the sole intent of defrauding the unsuspecting party
The individual/entity intended to use wire communications to carry out the fraud
The individual/entity used interstate wire communications to commit fraud

Interstate wire communications could mean the internet, telephone calls, television transmissions, or even faxes.

If found guilty, an individual/entity could face a wire fraud penalty such as:

A fine of up to $250,000 for an individual
A fine of up to $500,000 for an organization
A prison term of up to 20 years

Tax Evasion

What is tax evasion? It’s perfectly legal to make mistakes when filing your tax returns. Intentionally under-reporting your income, on the other hand, is not. Claiming deductions that you very well know you’re not entitled to, is also a crime. Both of these scenarios define what tax evasion is. It generally takes two forms.

Evasion of Assessment – Intentionally under-reporting income qualifies as an attempt to evade assessment.
Evasion of Payment – Intentionally concealing money or assets on which tax could be levied qualifies as evading payment.

Other instances that federal courts have, in the past, ruled to be tax evasion include:

Concealing income sources
Creating false invoices
Destroying records
Filing false returns
Holding money or assets in someone else’s name
Keeping a double set of books
Overstating deductions

Some common tax evasion penalties for the specific types of tax evasion include:

Concealing/misrepresenting financial information: Up to five years behind bars and $100,000 in fines
Failure to pay taxes: Up to three years behind bars or $250,000 in fines
Filing fraudulent returns: Up to three years behind bars and $100,000 in fines
Not filing returns: Up to one year behind bars and $100,000 in fines for each year and individual fails to file

Federal Hate Crime Law

The term “hate” in the context of this law refers to bias. At the federal level, hate crime is a criminal offense motivated by bias against protected characteristics like disability, gender, gender identity, sexual orientation, national origin, religion, race, or color.

Federal crimes that fall in this category go beyond “acts of prejudice.” For it to be classified as a crime, there would need to be threats of violence, actual violence, or property damage.

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act that was signed into law in October of 2009 gives federal authorities more power to pursue hate crime investigations that local and state authorities choose not to pursue.

Lynching Federal Crime

Earlier in the year, the House passed a measure to add lynching to the US Criminal Code. But this wasn’t the first try at passing such a law. Almost 200 attempts to enact similar legislation have been made since the 1900s to pass anti-lynching legislation, only for them to end up shelved, blocked, or overtaken by time and events.

The latest attempt is the Emmett Till Antilynching Act – named after Emmett Till, an African-American boy who was murdered through lynching in 1955. His crime? Allegedly whistling at Carolyn Bryant, a 21-year-old white woman. Emmett was 14 years old at the time of his death.

If passed by the Senate and signed by the President, the new law would make Lynching a federal crime.

Drug-Related Crimes

The laws that govern controlled substances exist at both a state and federal level. The question, therefore, becomes – at what point does a drug-related crime cross over into federal territory? There are four criteria used to determine this:

Jurisdiction – If the federal system is involved in your arrest, then you will be arraigned on federal charges. It could be the result of a sting operation where state law enforcement and federal agents work together on a case. Or, it could be from a drug-use or possession charge, especially if it takes place on federal property such as a national park.
Informing – If someone who was charged at the federal level informs on you to get a lenient sentence, then you too will be arraigned on federal drug charges.
State and federal decisions – Drug arrests are often intertwined in state-level law enforcement and federal agencies. If state and federal prosecutors see it fit to prosecute on the federal level, then you will be charged with a federal offense.
The seriousness of the offense – If the drug crime is deemed more severe, then federal charges will likely result. So, offenses that involve drug manufacturing, distribution, or intent to distribute, and trafficking are all likely to be handled by federal courts.

Drug-related convictions at the federal level are very serious and will likely impact the rest of your life. So, if you’re facing federal prosecution, ensure that you get the best drug crime lawyer on your side to get the best possible defense.

If you don’t, you could be looking at up to 20 years behind bars and a fine of up to $1,000,000 for first-time offenders. Second-time offenders face up to 30 years behind bars and a fine of up to $2,000,000.

RICO Act

Federal drug charges have the potential to open you up to several other charges that may not even seem related. It all depends on what you were arrested for. For instance, drug trafficking or drug distribution charges may also result in tax evasion charges or a RICO charge, which both mean additional jail time.

The RICO Act is a federal law that was passed in 1970. The law, which is short for the Racketeer Influenced and Corrupt Organizations Act, allows for federal prosecution, as well as civil penalties for all individuals involved in racketeering activities that take place in an ongoing criminal organization.

Racketeering activities include money laundering, drug trafficking, embezzlement, counterfeiting, murder, kidnapping, bribery, illegal gambling, and several other corrupt business practices.

So, if you’re in any way involved in what could be deemed as organized crime, then you may get additional prison time over and above that related to your drug crime. Racketeering activities carry a fine of up to $25,000 and 20 years in prison for each count of the offense.

Economic Espionage

Stealing trade secrets is a serious crime and is punishable at the federal level. The Economic Espionage Act that was enacted in 1996 made it a federal crime for anyone who intends to steal or knowingly steals a trade secret knowing fully well that those actions will cause injury to the trade secret owner.

It is also illegal to buy, possess, or receive this information knowing that it is stolen. Federal economic espionage penalties include up to $5 million in fines and a prison term of up to 15 years. The severity of the sentence depends on whether the offender was an individual or an organization.

Wiretap

Federal wiretapping law makes the surreptitious taping of telephonic, oral, or any other type of communication, illegal in discourse that the other party expects to be reasonably private. The reasonable expectation of privacy depends on the context in which the discussion took place.

It all boils down to whether or not the recorded party perceived the communication as private. If it took place in a public space, and anyone within earshot could get details of the discussion, the “reasonable” expectation of privacy threshold would be much lower. If it were a private telephone conversation, the threshold would be much higher.

If you’re currently facing wiretap charges, you need to retain the services of an experienced federal crime lawyer to defend you. Violating this federal law could get you up to five years behind bars if found guilty and a fine of $500 or both.

Animal Cruelty

The Preventing Animal Cruelty and Torture Act (PACT) outlaws the intentional impalement, suffocating, drowning, burning, crushing, or inflicting any other form of serious harm to all living non-human mammals, reptiles, birds or amphibians.

It also bans all forms of media like photographs, electronic images, videos, digital recordings, or films that depict animal cruelty. If you’re found guilty of breaking this federal animal cruelty law, you could be looking at up to seven years behind bars in addition to a hefty fine.

Statute of Limitation Federal Crimes

The US Code 18 § 3282 sets the statute of limitations for most federal crimes at five years, although it may be extended in certain circumstances.

These include cases where the feds need the DNA evidence of the accused person, require evidence from overseas, or if the accused is a fugitive. Death penalty offenses, on the other hand, do not have any time limit imposed on them.

Get Help From the Best Federal Criminal Defense Attorney

Getting charged with a federal crime could alter the course of your destiny forever. The penalties that come with them are pretty severe, to say the least.

So, if you or a loved one is facing federal prosecution, you need to get in touch with a top criminal defense attorney as soon as you can to help you get the best possible outcome at the end of the trial.

If you have any legal concerns or queries, don’t hesitate to chat online with a Laws101.com attorney to get legal guidance on your specific case.

Sex Offender Registry and Sex Crimes Law

Legal Assistant June 24, 2020Resources Leave a Comment

According to the last reported data from the NCMEC, there were more than 900,000 registered sex offenders in the United States as of December 2018. The precise definition of what constitutes a sexual offense differs by state and legal jurisdiction.

Serious crimes like sexual assault, rape, statutory rape, or sexual abuse, always result in sex offender registration. In some states, however, offenses like public urination or engaging in sex in a public place, both constitute offenses that require registration.

So, how does the sex offender registry work, and what are the consequences of failing to comply with its provisions? This article explores in detail everything you need to know about sex crimes.

What Is a Sex Crime?

While different types of offenses fall into this general category, a sex crime is generally defined as the illegal coercion – whether by threat or by force – of sexual conduct against an individual.

Every state has a law that prohibits the various types of sex crimes that exist. Nonetheless, the common denominator that applies across the board is that, regardless of the “severity” of the crime in question, any convicted sex offender has to have their name added to the state or federal sex offender registry.

Types of Sex Crimes

Due to the severe nature of the punishments associated with sex crimes, it is important for anyone facing such allegations to know what they’re up against to mount a proper legal defense.

It’s always a good idea to get a sex crimes lawyer involved from the get-go. The penalties you face if convicted include jail time, fines, and sex offender registration. This will no doubt have far-reaching repercussions that will follow you for the rest of your life.

But, everyone is innocent until they’re proven guilty. So, you have the right to defend yourself to avoid tarnishing your reputation. Below are some of the most common types of sex crimes.

Rape / Aggravated Sexual Assault

Rape or sexual assault is defined as the act of forcing sexual penetration of any form, intercourse, or sodomy on another individual against their will. Aggravated rape or aggravated sexual assault are considered more serious forms of the crimes, due to the level of injury inflicted or other “aggravating” circumstances involved in the offense. Some states have “degrees” instead, to define the severity of the case in question, with first-degree sexual assault being the most serious form of the offense. Aggravating factors can include:

The offender displaying, threatening to use, or using a deadly weapon on the victim during the offense
The offender attempts to kill the victim during the assault
The offender uses an intoxicating substance to incapacitate the victim
The victim is physically unable to give consent because they’re under the influence of drugs or alcohol
The victim suffers severe physical injury
Etc.

Aggravated sexual assault is always classified as a felony charge, which usually carries a prison sentence of between five to fifteen years. It may also have a possible life sentence, depending on the circumstances surrounding the crime.

The individuals are required to register with the state Sex Offender Registration and Notification Program, regardless of the seriousness of the charges.

Child Molestation

This refers to a wide variety of activities perpetrated by adults against children. While sexual activity generally falls within the scope of child molestation crimes, it also extends to include anything else that has sexual undertones.

So, the exposure of a minor to pornography, convincing them to view sexual acts or even non-penetrating sexual contact, all constitute molestation. Getting convicted on these charges requires the offender to serve a minimum sentence of at least a year in prison and register as a sex offender.

Internet Sex Crimes

This is a term used to refer to an adult interacting with a minor in some virtual way for sexual gratification. The various forms of interaction vary widely and may involve engaging in virtual sex acts or encouraging the minor to engage in such activity.

The possession or viewing of child pornography also constitutes a sex crime. These offenses are usually filed as federal crimes and may carry a minimum sentence of one year in a state prison accompanied by hefty fines and sex offender registration.

Statutory Rape

This is an offense that involves sexual contact with a person who has not attained the age of consent as defined by specific state laws. Most states, however, no longer refer to this crime as “statutory rape.”

While the legal term used may vary from state to state, it is generally referred to as “sexual abuse of a minor,” “criminal sexual penetration of a minor/child under a certain age,” “sexual assault of a child,” or “sexual intercourse with a minor.”

This crime centers on the notion that a person who is below a certain age cannot consent to take part in sexual activity since they lack the maturity required to make an objective decision about adult matters. Statutory rape is a felony offense that carries a minimum prison sentence of one year behind bars.

Sex Offender Registration Act

The Sex Offender Registration and Notification Act (SORNA) was the culmination of a series of laws passed between 1994 and 2006, designed to govern sex offender registration and notification in the US.

It started with the Jacob Wetterling Act of 1994, the Pam Lychner Act and Megan’s Law of 1996, and the most recent Adam Walsh Child Protection and Safety Act of 2006.

SORNA, which is Title I of the Adam Walsh Act, makes it illegal for a convicted offender to intentionally fail to register with the state authorities or update their registration at designated times as required by law.

If a convicted sex offender fails to register or update their registration, they risk paying hefty fines and/or a maximum of 10 years behind bars. If they fail to register and then commit a violent federal crime, they risk serving up to 30 years in prison.

Here’s how SORNA works.

The sex offender registration requirements by state vary widely. Each state must, therefore, define for itself what offenses are considered sex crimes, and come up with an appropriate punishment for each of them.

SORNA generally has three categories of sex offenders grouped into tiers, depending on the length of prison time, the aggravating factors involved in the commission of the crime, and any other factors that would define the severity of the offense.

Each tier imposes specific reporting requirements on the offenders after their release from prison. Here’s what they entail.

Tier 3 Sex Offender

Tier 3 sex offenses are the most serious of the three under SORNA and are punishable by a minimum prison term of one year. Offenses that fall under this category involve abusive sexual contact or aggravated sexual abuse committed against a minor aged 13 years or below.

Crimes involving the kidnapping of a minor who wasn’t accompanied by a parent or guardian, or those committed after the offender had previously been convicted of a Tier 2 offense, both constitute Tier 3 offenses as well.

Ex-cons in this category have to register with the local authorities every time they relocate to a different jurisdiction or change their address. They are bound to these reporting requirements for the rest of their lives.

Tier 2 Sex Offender

Tier 2 offenses involve sex crimes that carry a prison sentence of at least a year. They include:

Abusive sexual activity with a minor older than 13 years
Coercion
Enticement
Sex trafficking
The production or distribution of child pornography
The solicitation of a minor to engage in prostitution
The use of a minor in a sexual performance
Transporting an individual with the intent to commit criminal sexual activity

Tier 2 crimes carry with them a 25-year reporting requirement.

Tier 1 Sex Offender

There are defined as sex offenses that don’t fall into any of the two previous categories. If a Tier 1 offender maintains a “clean record” after their conviction, meaning that they aren’t convicted of any subsequent offenses – sexual or otherwise – that carry a punishment of at least one year in prison, and complete the required parole period or rehabilitation program as ordered by the court, they get a 10-year reporting period once they register.

If they don’t meet those requirements, the reporting period is 15 years from the time of their release.

Megans Law

Megan’s Law mandates the Department of Justice to notify the public about specific sex offenders that pose a greater-than-normal risk to public safety. The law has two components to it.

It requires states to register all sex offenders who have been convicted of sex crimes.
It compels states to make the personal and private information of registered sex offenders, and child predators, available to the public. The law, however, leaves the criteria for disclosure at the discretion of the state.

This information is available at the National Sex Offender Public Website. If you’re wondering how to report a sex offender, get in touch with the US Marshals Service National Sex Offender Targeting Center (NSOTC) to report an unregistered or non-compliant sex-offender.

Retroactive Sex Offender Registration

When SORNA was first enacted, it expanded the scope of crimes that constituted offender-registration-worthy sexual offenses.

When the new law was passed in 2006, it applied retroactively, meaning that a massive number of ex-convicts whose crimes previously didn’t warrant registration in the sex-offender database, now had to do so for the first time.

Critics viewed it as punitive and unconstitutional. In 2012, however, the retroactivity of the law was repealed, and the three-tier system created.

How to Remove Sex Offender Registration

Several states have modified their laws on sex-offender databases, to allow individuals convicted of “victimless” crimes, to have their names removed from the registry. This mostly applies in statutory rape cases that involved teenagers, under the Romeo and Juliet laws.

The Romeo and Juliet laws provide exemptions to consensual sex with a minor, provided that the age gap between the two parties is not more than a specific number of years as defined by the state laws. In most cases, it’s four years or less. These individuals can apply to have their names removed once a certain period has elapsed.

In cases involving adults, you first have to determine whether the offense in question is eligible for removal. A criminal defense lawyer can help you review the laws in your state to find this out.

If it is eligible, you need to file a petition for removal with the court. It is at the court’s discretion, however, to determine whether or not they will grant your request. If it is denied, you have to wait for a specific period before you can file a new petition.

Keep in mind that removal from the registry doesn’t equate to the crime getting expunged from your record. The crime will still show up on your criminal background check.

Statutes of Limitations on Sex Crimes

Dealing with the emotional and sometimes physical pain that comes from sexual assault can often be quite overwhelming for the victims. Having to rehash it again if they decide to seek compensation, can bring up some tough memories.

But, difficult as it may be, it is your right to seek punitive damages for the distress and trauma you have to live with for the rest of your life. One thing you need to be aware of, though, is that there’s a time limit within which you can sue the perpetrator. This is known as the statute of limitations.

A criminal trial against the offender is entirely different from suing them. Once the court finds them guilty of committing the offense, the next step would be to pursue a lawsuit against them.

Depending on the state you live in, victims have anywhere from one to seven years from the date the incident occurred, to file. The majority of states set it at the two-year mark. Others like Connecticut don’t have any time limit suits involving aggravated sexual assault cases.

The tolling statute allows a pause in the timer if the victim was a minor at the time the abuse took place. In such instances, the clock starts running again, once they reach a certain age as defined by the state laws. This is typically 18 years old.

Get Legal Help for Your Specific Case

If you were previously convicted of a sex crime, you must register with the sex offender registry as mandated by SORNA. Failure to do this could cost you some hefty fines or land you right back in prison.

If you’re a victim of sexual abuse seeking compensation, ensure you file a lawsuit before the statute of limitations runs out.

If you need further assistance, chat online with a Laws101.com attorney to get guidance on your specific case.

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