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Chapter 18 of the United States Code, Section 371 criminalizes both conspiracies to defraud the US as well as conspiracies to violate any other provision of federal law. According to the statute it is illegal for two or more persons to conspire either for committing an offense against the US, or to defraud the United States, or any agency in any manner or for any purpose, and one or more of these persons act in a way that furthers the conspiracy.
The prosecution must establish the following elements beyond a reasonable doubt for convicting the defendant in violation of 18 U.S.C Section 371
For the purposes of this statute term “to defraud” in the United States means:
The prosecution must establish that the defendant had some knowledge of the conspiracy’s objectives. But for being considered a participant in a conspiracy defendant doesn’t have to know about every objective of the conspiracy, or be aware of the identities of other conspirators. Overt Act is any act or statement that is knowingly done by one or more conspirators with intention to further the aim of the conspiracy. It is important to mention that a conviction for conspiracy under 18 U.S.C Section 371does not necessarily require underlying criminal act to be completed.
According to 18 U.S. Code 371, for being found guilty defendant must intend to agree, and have intention to commit the crime. A forced agreement made under threat or duress or is not enough for convicting the defendant.
According to 18 U.S. Code 371 there must be an overt act to further the conspiracy. So if a conspiracy agreement was found, but no act was made to further the alleged agreement, defendant should not be convicted of federal conspiracy. Penalties for violating 18 U.S.C Section 371
According to 18 USC Section 1001 it is illegal to knowingly and willfully making any materially fictitious, false, or fraudulent statement or representation in any matter within the jurisdiction of the executive, judicial and legislative branch of the United States.
The government must be able to establish the following elements beyond a reasonable doubt for convicting the defendant under 18 USC 1001.
In the context of 18 USC 1001 a statement, can be either be in writing or oral. The representation or statement is not a requirement to be a legal mandate or be under oath to violate 18 USC Section 1001. It also doesn’t have to receive by the government or made directly to the government.
Under Federal Health Care Fraud, per 18 US Code Section 1347 it is prohibited to knowingly and willfully execute, or attempt to execute, a scheme or artifice to defraud any health care benefit program; or to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program.
The prosecutor must establish the following elements to convict the defendant under Federal Health Care Fraud US Code Section 1347:
According to 18 US Code Section 1347, an attempt to commit health care fraud is punishable to the same extent as the commission of fraud. An “attempt” is consist of intention to commit illegal conduct and a “substantial step” toward its commission.
According to Section 2113 of Title 18 of the United States Code, you cannot take or attempt to take property, money, or items of value from federal banking institutions.
In regards to Alien Smuggling and Harboring Illegal Aliens, under Title 8 of the United States Code Section 1324 any of the following acts or attempts of these acts are illegal:
According to Subsection 1324(a)(1)(A)(i) it is illegal for any person to knowingly and intentionally bring or attempt to bring into the US an alien at any place other than an official point of entry to the country, such as an airport, port or land immigration checkpoint. The crime is applicable to both aliens who are in the country with the US permission and to those who have entered illegally.
According to Subsection 1324(a)(1)(A)(ii) it is illegal for any person to transport or move an alien within the US by any means of transportation, with knowledge or reckless disregard of the alien’s unlawful immigrations status.
According to Subsection 1324(a)(1)(A)(iii), it is illegal for any person to conceal, harbor, or shield from detection or attempt to conceal, harbor, or shield from detection an alien in any place, including buildings or means of transportation with knowledge or reckless disregard of the alien’s illegal immigrations status.
California Penal Code Section 240 defines assault as an attempt to commit a violent injury on someone else. Assault is usually in connection with the battery, though they are two different offenses. Penal Code Section 242 differs battery from an assault as it requires that the defendant actually use force or violence against someone else. For expanded interpretation, here are the legal definitions of the differences between California Penal Code 240, 242, 243 and 273.5.
The prosecutor must establish the following elements to convict the defendant of assault under Penal Code 240:
According to 18 USC § 152 and 18 USC § 157 Bankruptcy Fraud is committed when a person makes a misleading claim or false statement in a bankruptcy proceeding or intentionally files a fraudulent bankruptcy petition as part of a larger scheme to defraud. Bankruptcy Fraud can be prosecuted through numerous criminal statutes such as wire fraud, mail fraud, credit card fraud, conspiracy, or tax fraud. The most prevalent charge is Bankruptcy Fraud under USC Section 152 which covers all possible methods that a debtor or other person can employ to defraud any bankruptcy filing or proceeding.
The defendant can’t accidentally commit bankruptcy fraud. Criminal fraud always involves knowingly misleading the court, hiding assets, or taking other fraudulent actions.
Examples of bankruptcy fraud include the following
According to California Penal Code Section 626.9, also known as the California Gun-Free Zone Act, it is illegal to knowingly possess loaded or unloaded a firearm or to discharge a firearm in a school zone.
Prosecutor must establish the following elements to convict the defendant of violating the Gun-Free School Zone Act
Firearm For purposes of PC Section 629.9, a firearm is a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. School Zone School Zone is an area, “in, or on the grounds of, a public or private school providing instruction to kindergarten or grades 1 to 12”, or within 1,000 feet of those grounds.
Sexual assault by Uber drivers is not uncommon, and the sexual assault itself is prevalent all over. A person must give consent for being touched, and without consent, anyone who is touching or behaving inappropriately can be targeted for assault or harassment.
Sexual Assault, Touching, or Rape in an Uber Examples of sexual and physical attacks include:
Depending on the nature of the crime a number of injuries in addition to sexual assault can be caused to the victim. Here is an incomplete list of injures:
California Penal Code Sections 243(b) and 243(c) makes it is illegal to commit a battery on a peace officer. Person can be found guilty of PC 243(b) or (c) if he knowingly used unlawful force against a peace officer while he was performing his duties.
Prosecutor must establish the following elements to prove that the defendant is guilty of battery on a police officer.
Penal Code gives a broad definition to a “peace officer”, which includes the following:
In the context of 18 USC Section 1001 charge, willfulness means that the defendant intentionally and voluntarily provided facts that were incorrect. Untrue statements or incorrect facts provided result of misunderstanding, confusion, honest mistakes, or faulty recollection don’t rise to the level of willfulness.
Prosecution for a violation of 18 USC Section 1001 requires proof of materiality. The statement or representation must have a tendency to influence, or be capable of influencing the decision making body to which it is addressed. There is no requirement to prove that the decision maker body was in fact of influence or diversion.
Jurisdictional element means that the government must establish that the false statement or representation is in regard to a matter within the US government’s jurisdiction. Courts have given broad interpretation to “jurisdiction” in this context to mean any area where the government has power to act or enforce regulations. Jurisdiction includes the healthcare, economy, education, and many other areas.
It is a valid defense if the defendant made a false statement because of an honest mistake, or confusion. A simple misunderstanding can also be a defense.
The defense challenges whether a statement or representation is relevant or important enough for being considered material to a federal matter. A defense also applies when the false statement is not made within the government’s jurisdiction or to a government agent. The penalties for violation 18 USC Section 1001
To be found guilty of health care fraud under 18 US Code Section 1347, it is necessary to knowingly and willfully execute an illegal scheme. While presenting proof of actual knowledge is one way that the prosecution can get a conviction, sometimes, constructive knowledge can be enough to establish criminal culpability for health care fraud. In case the defendant was aware of a high potential for fraudulent conduct and took steps to intentionally avoid learning about it, in some cases this can be enough to establish knowledge.
18 US Code Section 1347 applies to fraud targeting all health care benefit programs. According to 18 US Code Section 24(b), a “health care benefit program” is any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.
Health care fraud covers many white collar crimes and it can include the following types of conduct:
18 U.S. Code Section 1347 imposes severe penalties for health care fraud. The penalties are the following:
If the fraudulent actions resulted in serious bodily injury the defendant can face of up to 20 years in federal prison. If the fraud resulted in death the defendant can face a life sentence.
Contact the criminal defense attorneys at KAASS LAW if you or a loved one has been arrested for Federal Heath Care Fraud charges. Call (310) 943-1171 or set up an appointment to set up a free consultation with a Federal health care fraud attorney.
Prosecutor must establish the following elements to convict the defendant of Federal Bank Robbery under 18 USC 2113
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According to Subsection 1324(a)(1)(A)(iv) it is illegal for any person to encourage or induce an alien to come to, enter, or reside in the US, with knowledge or reckless disregard of the fact that such coming to, entry, or residence is a violation of law.
According to Subsection 1324(a)(1)(A)(v) it is illegal for any person to engage in a conspiracy to commit or aid and abet the commission of any of foregoing crimes.
According to Subsection 1324(a)(2), it is illegal for any person to bring or to attempt to bring an alien into the US with knowledge or reckless disregard that the alien was not authorized to come to, enter or reside in the country.
According to Subsection 1324(a)(3)(A) it is illegal for any person, during any twelve-month period, to knowingly hire at least ten individuals with knowledge that these individuals are unauthorized aliens.
According to federal law to convict the defendant under Title 8 of the United States Code 1324(a)(1)(A)(i) the prosecutor must establish that the defendant had knowledge or recklessly disregarded that the person brought to the United States was an alien.
Penalties for human smuggling and harboring illegal aliens are as follows.
Penalties for Alien Smuggling include
Death penalty can be applicable in case the defendant’s actions causes death.
Penalties for Unlawful Employment of Aliens:
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The defendant can face up to six months in county jail and a fine up to a maximum fine of $1,000.
The prosecutor must establish the following elements to convict the defendant of battery under Penal Code 242 battery:
Assault is generally an attempt to commit battery. Assault may have taken place without the occurrence of a battery since physical contact is not an element of an assault charge. The crime of battery necessarily requires an assault. The defendant can’t unlawfully and willfully touch another person (battery) without firstly making an unlawful attempt (assault) to do so.
California Penal Code Section 242 defines the crime of battery as any willful and unlawful use of force or violence upon another person. In California, law battery is a misdemeanor crime and the defendant can face up to six months in county jail and a fine of up to $2,000.
Per Penal Code Section 243(e)(1), is a crime often referred to as “spousal battery” and it occurs when a defendant uses violence or force against:
A spousal battery conviction is a misdemeanor with up to one year in county jail and a fine of up to $2,000. A defendant may also be required to enter a batterer’s program and pay up to $5,000 to a battered women’s shelter.
The crime of inflicting corporal injury on a spouse or cohabitant under Penal Code 273.5(a) is similar to spousal battery under Penal Code 243. The crimes involve the same people with whom the defendant has a relationship as under Penal Code Section 243(e)(1). The difference between these two crimes is that for being convicted defendant must have inflicted some type of injury upon the victim.
The prosecutor must establish the following elements to convict the defendant under PC Section 273.5:
In California Penal Code section 273.5 is a wobbler offense, with either a misdemeanor or felony conviction. If convicted of a misdemeanor, the defendant will face up to one year in county jail and a fine of up to $6,000. If convicted of a felony the defendant will face two, three, or four years in state prison and a fine of up to $6,000.
If you or someone you know has been charged with California Penal Code secontions 240, 242, 243, or 273.5 we invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case reivew.
Good faith belief In case the defendant honestly and in good faith believed the misleading statements or promises made as part of the scheme were true it is a valid defense in federal bankruptcy charges. Substantial Assistance Usually, the most commonly utilized method to avoid the penalties for federal bankruptcy fraud is substantial assistance. The prosecution is authorized to ask the court to suspend or reduce a sentence when the defendant provides substantial assistance in the arrest, identification, or conviction of any other person engaged in the scheme to defraud. Penalties for violating 18 U.S. Code Chapter 9 Under federal law, the punishment for Bankruptcy Fraud may vary depending on the circumstances, nature and of the offense, and the defendant’s criminal history. Under 18 U.S. Code Section 157 the crime of Bankruptcy Fraud is a felony, punishable by:
https://www.youtube.com/watch?v=WCbOdx6gdIE
There are numerous provisions in the law when a person can escape from criminal liability. The law isn’t applicable under the following circumstances:
Legal defenses to California PC Section 626.9 charges
In case the defendant possessed a firearm in, or on the grounds of a public or private school, he will face two, three, or five years sentence in California state prison. If the defendant possessed a firearm within 1,000 feet of the grounds of a public or private school he will face a sentence of two, three, or five years in California state prison when any of the bellow mentioned circumstances apply:
In case the defendant discharged, or attempted to discharge a firearm in a school zone, he will face a sentence of three, five, or seven years in California state prison. For anymore inquires on this matter, give us a call! https://www.youtube.com/watch?v=ffi6hAbU8cw
The following are the steps the victim must undertake:
In the state of California for personal injury, claims victim has up to two years from the date of the act to file a claim. In case the victim exceeds this statute of limitations, the claim can be outright denied. Therefore, it is important to file a claim against Uber and the driver as soon as possible. The judge will consider the level of injuries inflicted upon the victim. Sexual harassment includes lewd conduct, suggestive language, unwarranted sexual advances, and requests for sexual favors. It leads to uncomfortable situations but generally does not enter the physical realm. However, when it does, it becomes sexual assault, which includes groping, assault and battery, kidnapping, inappropriate touching, threats and intimidation, sexual assault and rape, or any use of physical violence or force. A victim can also file a claim against both the driver and Uber. The Uber driver is a person who has committed the acts and can be responsibly liable for his unlawful actions, but the Company can also be complicit if it was negligent in the hiring process or service provision. There is a case of negligence if the driver had a prior conviction of sexual assault or other related crimes and Uber hired him anyway.
The victim of sexual assault in an Uber can collect the following types of damages:
https://www.youtube.com/watch?v=qd-susLxV4A
Penal Code Section 243(b) and (c) is only applicable when the peace officer whom the defendant battered was engaged in the performance of his duties. Violent or Offensive Manner Even the slightest touching, if it is done in an objectively rude or violent manner constitutes offensive touching even if it didn’t cause harm, pain, or any kind of injury. The touching doesn’t need to be direct.
Legal defenses to California Penal Code Section 243(b) and 243(c) include
In case the defendant reasonably believed that he or another person was in imminent danger of great bodily injury or harm and he reasonably used force necessary to deflect that harm, then he can assert self-defense.
For being convicted of a 243(b) or (c) defendant must have intentionally touched the peace officer. In case he didn’t act willfully he cannot be found guilty of battery on a peace officer.
In case the peace officer whom the defendant battered was not engaged in the performance of his duties, then he cannot be found guilty of this crime. Even if the victim announced that he was a peace officer and was wearing a police uniform he cannot be deemed performing his duties in case he unlawfully detained or arrested the defendant, violated defendant’s fourth amendment rights or committed police brutality. This means that officer was not engaged in a legal performance of his duties.
Penalties for violating California PC 243(b) and 243(c) Sections In California a basic battery on a peace officer is a misdemeanor with the following penalties:
California PC Section 243(c): Wobbler According to California PC Section 243(c), a battery on a peace officer that caused an injury is a wobbler and can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. For purposes of California PC Section 243(c) the injury is considered the one that requires medical attention. Penalties for a misdemeanor conviction are the following:
Penalties for a felony conviction are the following: