Federal Crimes: A Comprehensive Guide to Federal Offenses and Charges

Federal crimes are serious offenses prosecuted under U.S. federal law. Unlike most crimes handled by state or local authorities, federal crimes involve violations of laws passed by Congress and are charged by federal prosecutors in federal courts. If you are facing federal charges, it’s crucial to understand what is a federal crime, how federal offenses are handled, and the list of federal crimes that fall under federal jurisdiction.

This comprehensive guide breaks down the types of federal offenses, how they differ from state crimes, the federal criminal process, and real-world examples of federal cases. We also provide a categorized list of federal crimes with links to detailed pages and offer guidance on what to do if charged, including how to protect your rights and where to seek help. By the end, you will clearly understand federal crimes and the steps to take if you or a loved one is facing federal criminal charges.

Table of Contents

Federal Crimes | Federal Offenses

What Is a Federal Crime?

A federal crime (or federal offense) is an act made illegal by United States federal legislation and prosecuted under federal criminal laws. In simpler terms, it’s a crime that breaks a law passed by Congress rather than violating state or local law. Federal crimes range from white-collar offenses like fraud and embezzlement to violent crimes, drug trafficking, and beyond. They are handled in the federal court system and usually involve agencies like the FBI or DEA during the investigation.

Federal offenses often have a national or interstate scope. For example, using the mail or the internet to commit fraud can make it a federal crime (mail fraud or wire fraud). Crimes on federal property (like a national park or federal building) or crimes against federal officials are also federal offenses. Additionally, some acts (e.g., bank robbery or child pornography) are specifically defined as crimes in federal statutes, making them federal matters even if committed within one state.

Key characteristics of federal crimes include:

  • Enacted by Congress: The law defining the crime is a federal statute in the United States Code (often in Title 18, the federal criminal code, though other titles cover specific areas like tax or immigration).
  • Investigated by Federal Agencies: Federal law enforcement agencies (like the FBI, DEA, ATF, Homeland Security, Secret Service, etc.) have authority over these offenses.
  • Prosecuted by U.S. Attorneys: The U.S. Department of Justice (U.S. Attorney’s Office) leads the prosecution, not state district attorneys. Cases are tried in U.S. District Court rather than state court.
  • Jurisdiction Triggers: Some federal crimes are federal due to where they occur (e.g., on federal land or across state lines), who is involved (e.g., a federal officer or agency is victimized), or what the crime affects (e.g., interstate commerce or federal programs).

Federal crimes affect national interests or extend beyond a single state. Violation of federal law can lead to federal charges and a case in the federal criminal justice system.

Federal Crimes vs. State Crimes

Most crimes (like simple assault, local theft, etc.) are handled at the state level under state laws. Federal crimes differ from state crimes in several important ways:

  • Governing Law: Federal crimes are defined by federal statutes enacted by Congress, while state legislatures define state crimes. An act might be legal under state law but illegal under federal law (or vice versa). For instance, certain cannabis-related activities may be legal under some state laws but remain federal offenses under U.S. law.
  • Jurisdiction: Federal offenses are prosecuted in the federal court system. This means federal judges preside, and federal rules of procedure apply. State offenses are prosecuted in state courts. Under the U.S. system of “dual sovereignty,” an act can violate both state and federal law, leading to separate charges in each system (though this is relatively rare in practice).
  • Investigative Agencies: Federal crimes are investigated by agencies like the FBI, DEA, ATF, ICE, IRS, or Secret Service. State crimes are investigated by city police, county sheriffs, or state law enforcement (e.g., state bureaus of investigation).
  • Severity and Scope: Federal cases often involve larger-scale or more complex schemes. Examples include multi-state drug trafficking rings, sophisticated financial frauds, organized crime, terrorism, or public corruption. State cases usually involve crimes confined to the community or state.
  • Sentencing: Federal sentences are often harsher than state sentences for similar conduct. Federal law may impose mandatory minimum prison terms for certain crimes (especially drug and gun offenses), and parole has been abolished in the federal system, meaning inmates typically serve at least 85% of their sentence. State systems may have parole or early release, and some states have more lenient sentencing guidelines.
  • Resources and Conviction Rates: The federal government generally has greater resources for investigation and prosecution. As a result, federal conviction rates are high. Most defendants in federal cases plead guilty – around 90% of federal criminal defendants plead guilty to some charge. Only a small fraction (roughly 2%) of federal cases go to trial, and most result in convictions. (This doesn’t mean federal defendants have a 98% chance of being convicted of the original charge – often, charges are reduced through plea bargains – but it underscores how formidable the federal prosecution process can be.)

Understanding whether an alleged crime is federal or state is crucial because it determines where the case will be handled and what laws apply. Sometimes, an offense could be either or both – prosecutors decide the most appropriate jurisdiction. Federal and state authorities can coordinate; in other cases, the federal government may “adopt” a case that began at the state level if it meets federal criteria.

Example: Federal v. State Crimes

If someone robs a local convenience store at gunpoint, that’s usually a state crime (armed robbery under state law). But if someone robs a federally insured bank, that’s a federal crime (bank robbery) because federal law specifically criminalizes bank robbery, and federal agencies (e.g., the FBI) will investigate. Likewise, murder is usually a state crime, but if the victim is a federal official or the crime took place on federal property, it could be charged federally.

How Federal Criminal Cases Work (Investigation to Charges)

When it comes to federal offenses, the process from investigation to charging is distinct and involves multiple federal agencies:

Federal agencies like the Federal Bureau of Investigation (FBI) investigate alleged violations of federal law. Federal criminal cases typically begin with an investigation by a federal law enforcement agency. The agency depends on the suspected crime:

  • Federal Bureau of Investigation (FBI): The FBI is the chief investigative body for many federal crimes, ranging from organized crime and terrorism to major fraud.
  • Drug Enforcement Administration (DEA): Handles federal drug trafficking and narcotics cases.
  • Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Focuses on federal firearms offenses, explosives, arson, and related crimes.
  • Department of Homeland Security (DHS) and Immigration & Customs Enforcement (ICE): Investigate federal immigration offenses and crimes crossing U.S. borders.
  • Internal Revenue Service (IRS-Criminal Investigation Division): Investigates tax evasion, tax fraud, and related financial crimes.
  • Secret Service: Besides protecting officials, the Secret Service investigates financial crimes (e.g., counterfeiting and cybercrimes).
  • Customs and Border Protection (CBP): Handles smuggling and contraband cases at U.S. borders.
  • Others: Numerous other federal agencies exist (e.g., Securities and Exchange Commission for securities fraud, Postal Inspection Service for mail-related crimes, etc.), each with specific mandates.

Federal investigations often involve grand jury proceedings. A grand jury is a group of citizens that reviews evidence presented by prosecutors to determine if there is probable cause to issue an indictment (formal charges). Grand jury proceedings are secret, and defendants rarely participate at that stage.

Federal Charges | What Is A Federal Offense

Initiation of Federal Charges

If the investigating agency finds evidence of a federal crime, it will work with a federal prosecutor (Assistant U.S. Attorney) to bring charges. Charges can be brought in two main ways:

  • Indictment: The prosecutor presents the case to a grand jury. If the grand jury agrees there’s sufficient evidence, it issues an indictment—a formal charging document. Most serious federal felonies require an indictment.
  • Criminal Complaint Followed by Information: Sometimes, especially in less serious cases or when a defendant waives indictment, the prosecutor can file charges directly via an “information” or complaint. This is more common if a defendant cooperates, has agreed to plead guilty, or for misdemeanors.

Only the government can initiate a federal criminal case, usually through the U.S. Attorney’s Office, in coordination with a law enforcement agency. Once charges are filed, the case is assigned to a federal judge in a U.S. District Court.

Federal Arrest and Arraignment

After an indictment, an arrest warrant may be issued. Defendants in federal cases are then arrested by federal agents or local officers working with them. The defendant will appear before a federal magistrate judge for an arraignment, where the charges are formally read, and the defendant enters a plea (usually “not guilty” initially).

Bail or detention is also addressed at this stage. Some federal defendants can be released on bond. Others may be held in custody if deemed a flight risk or danger to the community (federal law has specific rules under the Bail Reform Act).

Pretrial and Plea Bargains

Federal cases often involve extensive pretrial processes, including discovery (i.e., exchange of evidence), motion practice (e.g., motions to suppress evidence), and plea negotiations. However, most federal cases end in plea agreements rather than trials.

Prosecutors often offer reduced charges or recommended sentencing ranges in exchange for a guilty plea. Statistics indicate that about 90-97% of federal defendants plead guilty instead of going to trial. This high rate is due to various factors, including:

  • The evidence is often strong after a thorough federal investigation
  • Federal sentencing guidelines can incentivize pleading. This is because accepting responsibility can lower the sentence while going to trial and losing can result in a harsher outcome.

Trial

If a plea deal isn’t reached, the case proceeds to trial. In federal court, the defendant has a right to a jury trial (12 jurors) for felony charges.

Federal prosecutors have a high success rate at trial because they usually only take strong cases that survive the grand jury stage. However, going to trial is the defendant’s right, and occasionally, defendants are acquitted.

Only about 2% of federal criminal cases go to trial, and roughly half of the cases result in acquittal (meaning only about 1% of those originally charged are acquitted in the end). While the 1% acquittal statistic can be scary, it’s partly because so many plead guilty – those who proceed to trial have a somewhat better chance than 1% if the case is weak or they have a strong defense.

Burden of Proof in Federal Criminal Cases

In every federal criminal trial, the prosecution carries the burden of proof. This means it is the government’s responsibility—not the defendant’s—to establish that a crime was committed and that the accused is the one who committed it. The defendant is presumed innocent from the outset and is not required to present evidence or prove their innocence.

The standard the prosecution must meet in federal criminal cases is “beyond a reasonable doubt.” This is the highest standard of proof used in any court of law. It requires the jury (or judge in a bench trial) to be firmly convinced of the defendant’s guilt based on the evidence. If there is any reasonable doubt in the mind of a juror about whether the defendant committed the crime, the proper verdict is not guilty.

This standard is intentionally demanding. The stakes in criminal cases—including the possibility of imprisonment, significant fines, and lasting consequences—require a high level of certainty before someone can be deprived of their liberty or rights. Civil cases (such as lawsuits over contracts or injuries) use lower standards of proof, like “preponderance of the evidence” or “clear and convincing evidence.”

Key points about the burden of proof in federal criminal trials:

  • Presumption of Innocence: Every defendant is presumed innocent unless proven guilty. This presumption remains throughout the trial unless the prosecution meets its burden.
  • Prosecution’s Responsibility: The government must present credible, admissible evidence for each element of the charged offense. The defense is not required to prove anything, though they may present evidence or challenge the prosecution’s case.
  • Beyond a Reasonable Doubt: Jurors must be left with no reasonable uncertainty about the defendant’s guilt. They must acquit if they harbor such doubt after considering all the evidence.
  • No Burden on the Defendant: Defendants have the right to remain silent and cannot be compelled to testify. Choosing not to present a defense cannot be held against them.

Understanding the burden of proof is essential for anyone facing federal charges or involved in a federal criminal case. It underscores the government’s obligation to prove its case with compelling evidence and protects individuals from wrongful convictions based on suspicion, speculation, or insufficient proof.

Sentencing

The case moves to sentencing once a defendant pleads guilty or is convicted. Federal judges use the U.S. Sentencing Guidelines as a starting point to determine the sentence and statutory mandatory minimums and maximums. A federal probation officer prepares a Pre-Sentence Investigation Report (PSR) detailing the offense and the defendant’s background, helping the judge determine the sentence.

Federal sentences can include imprisonment in federal prison, fines, restitution to victims, and supervised release (similar to probation, served after prison). Some federal crimes carry mandatory minimum prison terms (e.g., many drug trafficking offenses have minimum sentences of 5 or 10 years, depending on the drug quantity). Judges can also order forfeiture of assets for certain crimes (e.g., drug offenses, fraud, and racketeering often have forfeiture provisions).

One key difference in federal sentencing is that there is no parole in the federal system for crimes committed after 1987. Inmates typically must serve at least 85% of their prison term, accounting for a 15% reduction for Good Conduct Time. Additionally, federal prisoners can earn additional time off their sentence if eligible for the Residential Drug Abuse Program or earned time credits under the First Step Act. This means a 10-year federal sentence usually means the person will serve about 8.5 years behind bars, far more time than they might serve on a 10-year state sentence in a parole state.

Appeal

After sentencing, defendants have the right to appeal to the Court of Appeals if there was a legal error in the trial or the sentence is unjust. Federal appeals are generally limited to issues raised in trial or sentencing; defendants can rarely introduce new evidence. If the appeal fails, the conviction stands. Defendants can later pursue post-conviction relief (e.g., a motion to vacate sentence or habeas corpus) or seek clemency.

An experienced federal criminal defense attorney is critical throughout this process. The federal system has its own rules, procedures, and unwritten norms. A seasoned attorney can navigate plea negotiations, ensure your rights are protected, and mount an effective defense at trial if necessary. The sooner you involve a federal defense lawyer after learning of an investigation or charges, the better your chances of a favorable outcome.

Federal Judges vs State Judges: Roles and Selection Processes

Understanding who presides over criminal cases is essential to grasping the differences between federal and state judicial systems. Federal and state judges play similar roles in overseeing trials, ruling on motions, and ensuring fair proceedings. Still, they differ significantly in how they are selected, the length of their service, and the scope of their authority.

Selection and Appointment

Federal judges are appointed through a process designed to insulate them from political pressures and ensure judicial independence. The President of the United States nominates federal judges—including district court judges, appellate judges, and Supreme Court justices—and the U.S. Senate must confirm each nominee.

Once confirmed, federal judges are granted lifetime appointments under Article III of the Constitution. This means they serve until they retire, pass away, or are removed through impeachment, which is extremely rare. Lifetime tenure is intended to allow federal judges to decide based on the law and Constitution, free from concerns about re-election or political retaliation.

State judges are selected through various methods differing from state to state. Common methods include popular elections (partisan or nonpartisan), the governor’s appointment, or a legislative body’s selection. Some states use a merit-based system, where a nonpartisan commission recommends candidates to the governor, who then makes the appointment.

State judges’ service terms vary widely: some serve fixed terms of several years and must be re-elected or reappointed, while others may have longer or even lifetime appointments, depending on the state’s laws.

Roles and Jurisdiction

Both federal and state judges are responsible for ensuring trials are conducted fairly and under the law. However, their jurisdiction—the cases they can hear—differs.

Federal judges preside over cases involving federal law, constitutional issues, and disputes between states or parties from different states when the amount in controversy exceeds a statutory threshold. State judges oversee cases involving violations of state law, which make up most criminal and civil cases in the United States.

Judicial Independence and Accountability

Federal judges’ lifetime appointments provide substantial independence. They are less susceptible to political influences or public opinion, enabling them to make rulings that may be unpopular but are legally sound.

On the other hand, state judges often face periodic elections or reappointment processes, which can introduce political considerations into the judiciary. Some states have implemented retention elections or judicial conduct commissions to balance accountability with independence.

Summary Table: Federal vs State Judges

AspectSelectionTermJurisdictionAccountabilityIndependence
Federal JudgesNominated by President, confirmed by SenateLifetime appointmentFederal law, Constitution, interstate disputesImpeachment (rare)High (lifetime tenure)
State JudgesElected, appointed, or merit-based selectionVaries: fixed terms, re-election, or lifetimeState law, most criminal & civil casesElections, reappointment, or disciplinary bodyVaries; may be influenced by elections

Understanding these differences helps explain why federal and state court experiences differ so dramatically for defendants, attorneys, and the public. The selection process and tenure of judges shape the operation of the courts and public trust in the justice system.

Penalties for Federal Crimes

Penalties for federal crimes can be severe. Because federal offenses often involve significant wrongdoing or broader impact, Congress has set harsh penalties for many federal statutes:

  • Lengthy Prison Sentences: Federal prison sentences can range from a few months for minor offenses up to life imprisonment or even the federal death penalty for the most serious crimes (e.g., certain terrorism offenses or murders). Many federal crimes carry multi-year sentences. For example, bank fraud can carry up to 30 years in prison, drug trafficking offenses commonly range from 5 years to life depending on the drug quantities and prior record, and production of child pornography has a mandatory minimum 15-year sentence for a first offense.
  • No Parole & Truth in Sentencing: Federal inmates serve most of their sentences. This “truth in sentencing” results in more actual time served than many state systems, making federal penalties harsher.
  • Fines: Federal fines can be high. Many white-collar and financial crimes result in hundreds of thousands or even millions of dollars in fines. For instance, corporate fraud or major environmental crimes may have fines in the millions. Even individual crimes like an obstruction of justice charge can have fines (e.g., up to $250,000). In addition, defendants are often ordered to pay restitution to victims for any financial losses caused by the offense.
  • Supervised Release: Most federal inmates serve a term of supervised release (similar to probation) after prison. Violation of supervised release conditions can land a person back in prison.
  • Asset Forfeiture: The government can seize property and assets obtained through or used in criminal activity for certain crimes. This is common in drug cases (e.g., seizing cash, cars, and houses used in the drug trade) and fraud cases (e.g., seizing ill-gotten gains). In a major drug case like Joaquín “El Chapo” Guzmán’s, the court ordered a $12.6 billion forfeiture in addition to his life sentence.
  • Collateral Consequences: A federal felony conviction causes the loss of certain civil rights (e.g., voting and firearm ownership) and severely impacts career, reputation, and future opportunities. For non-citizens, federal convictions often lead to deportation.

Mitigating Penalties

Federal judges have discretion, especially after the Supreme Court made the Sentencing Guidelines advisory rather than mandatory. Judges consider factors under 18 U.S.C. §3553(a), such as the nature of the offense, the defendant’s history, and the need for deterrence and public safety. A knowledgeable attorney can argue for a downward variance (i.e., a lesser sentence than the guidelines suggest) based on mitigating circumstances.

Sentencing Example: Bernard Madoff

Consider the federal sentence of Bernard Madoff, who perpetrated one of the largest Ponzi scheme investment frauds in history. He was sentenced to 150 years in federal prison for multiple counts of fraud. While already essentially a life sentence, he passed away while serving his sentence.

On the other hand, someone convicted of a single count of a lesser federal offense (e.g., small-scale first-time drug courier) might receive a few years. However, even those “lighter” federal sentences often have a significant impact due to the no-parole rule.

Sentencing Example: Dylann Roof

Some federal crimes can invoke the death penalty. While most common federal offenses (e.g., fraud, drugs, etc.) don’t carry death as a possible penalty, specific crimes like federal capital murder, terrorism resulting in death, or espionage can.

A recent example is the case of Dylann Roof, who was convicted on federal hate crime and obstruction of religion charges for the Charleston church shooting and sentenced to death by a federal jury. This was the first time a death sentence was imposed for a federal hate crime.

Federal death sentences are rare and executions infrequent, but they underscore how severe federal penalties can be for the most heinous crimes.

Why Are Federal Penalties Often Tougher?

Congress has historically imposed strict penalties to deter crimes with a national impact (e.g., drug trafficking or organized crime). Additionally, federal authorities often prosecute cases involving repeat or high-impact offenders or complex schemes causing significant harm. There is also a political element – being “tough on crime,” especially on the federal level, has led to stringent sentencing laws (e.g., the Anti-Drug Abuse Act of 1986 establishing drug mandatory minimums).

Realizing what’s at stake if facing a federal charge is essential. The potential penalties in federal cases are life-altering. However, an experienced defense attorney may help negotiate lesser charges or a favorable plea deal to reduce the sentencing exposure or present arguments at sentencing for leniency. Early intervention is key; addressing the charges proactively may avoid the maximum penalties.

Federal court conviction rates are among the highest in the United States criminal justice system. Understanding these rates—and the factors behind them—can provide important context for anyone facing federal charges or seeking to comprehend the realities of federal prosecutions.

How High Are Federal Conviction Rates?

Federal courts consistently report conviction rates exceeding 90% for criminal defendants. According to data from the U.S. Department of Justice and the Administrative Office of the U.S. Courts, over 90% of individuals prosecuted in federal court are ultimately convicted of at least one charge. In some years, this figure has approached or even surpassed 95%.

Almost all of these convictions do not result from jury trials. Instead, most federal defendants plead guilty as part of plea agreements with prosecutors. Recent statistics show that only 2% of federal criminal cases go to trial. Of those that do, most defendants are found guilty, and fewer than 1% of all federal defendants are acquitted.

Why Are Federal Conviction Rates So High?

Several factors combine to produce these exceptionally high conviction rates in federal court:

  • Extensive Investigations: Federal law enforcement agencies (e.g., FBI, DEA, and IRS) often conduct lengthy, resource-intensive investigations before charges are filed. When a case reaches court, the evidence against a defendant is typically strong and well-documented.
  • Prosecutorial Discretion: Federal prosecutors generally have significant discretion in which cases to pursue, often selecting those with the highest likelihood of conviction. Weaker cases may be declined or resolved through civil or administrative action rather than criminal prosecution.
  • Plea Bargaining: The federal system strongly incentivizes plea agreements. Defendants pleading guilty often receive reduced charges or lighter sentences than those who go to trial and lose. This dynamic makes most defendants accept plea deals rather than risk harsher penalties after trial.
  • Federal Sentencing Guidelines: The structure of federal sentencing, especially mandatory minimums for certain offenses, can further encourage guilty pleas. Defendants may plead to lesser charges to avoid mandatory sentences that could result from a trial conviction.
  • Limited Parole and Early Release: Unlike many state systems, federal inmates must serve almost all their sentences, increasing the stakes of conviction.

What Do Conviction Rates Mean for Defendants?

The high conviction rate in federal court underscores the seriousness of facing federal charges. Defendants should know that federal prosecutors are highly selective and typically move forward only with strong cases. This means that mounting an effective legal defense is critical, and early, strategic legal guidance can make a significant difference in the outcome.

While the statistics may seem daunting, not all convictions result in the maximum penalty, and many cases are resolved through negotiation. Understanding the realities of federal prosecution can help defendants and their families make informed decisions at every stage of the process.

Key Takeaways

  • Over 90% of federal criminal defendants are convicted, most through guilty pleas.
  • Only a small fraction of cases go to trial, and acquittals are rare.
  • The combination of thorough investigations, selective prosecution, and the plea bargaining system drives these high conviction rates.
  • Anyone facing federal charges should seek experienced legal counsel early.

By recognizing these trends, individuals can better navigate the federal criminal justice system and understand the importance of an informed, proactive defense.

What Is A Federal Crime | List Of Federal Crimes

List of Federal Crimes by Category

Federal criminal law covers many offenses, often categorized by the nature of the conduct. Below is a categorized list of federal crimes, with links to more detailed pages on each topic. This list includes the major categories of federal offenses and specific crimes under those categories. Exploring these categories can help you understand the breadth of federal criminal law and learn more about particular charges.

Federal White-Collar and Financial Crimes

White-collar crimes are non-violent offenses typically motivated by financial gain. They often involve deceit, fraud, or violations of trust and are frequently committed in business or professional settings.

Financial crimes overlap with white-collar crimes, focusing on illegal financial transactions and schemes. These crimes often involve complex transactions, paper trails (or digital trails), and sometimes many victims (as in Ponzi schemes or widespread fraud).

Federal authorities prioritize these cases because they can undermine financial markets, consumer confidence, or government programs.

Common federal white-collar and financial crimes include:

  • Financial Crimes: A broad category encompassing embezzlement, fraud, and financial regulatory offenses.
  • Antitrust Offenses: Price-fixing, bid-rigging, market allocation, or other schemes restraining trade or monopolizing markets, violating the Sherman and Clayton Acts.
  • Fraud Offenses: Schemes to defraud individuals, businesses, or the government (e.g., investment fraud, bank fraud, etc.).
  • Bank Fraud: Any scheme to defraud a federally insured financial institution (e.g., check-kiting, false loan applications, or ATM skimming).
  • Bankruptcy Fraud: Fraudulent actions in bankruptcy proceedings (e.g., concealing assets or filing false claims).
  • Bribery: Offering or receiving something of value to influence a person’s actions. Bribery of public officials is a separate offense listed under public corruption below.
  • Computer Fraud: Unauthorized access or manipulation of computers or networks for financial gain or to obtain protected data, charged under the Computer Fraud and Abuse Act.
  • Conflict of Interest: Public officials or employees taking official action for personal financial benefit, including undisclosed self-dealing or misusing confidential information.
  • Conspiracy and RICO Crimes: Conspiracy refers to an agreement to commit a crime; RICO involves organized crime and racketeering activities (i.e., using illegal means to infiltrate or profit from organizations).
  • Consumer Fraud: Deceptive business practices that defraud consumers (e.g., telemarketing scams, false advertising schemes).
  • Copyright Violations: Willful infringement of copyrighted works on a commercial scale (e.g., selling pirated movies, software, or music).
  • Corporate Fraud: Fraudulent activities by or within corporations (e.g., cooking the books, false financial statements to investors, etc.).
  • Counterfeiting: Making fake currency, goods (e.g., fake trademarks), or documents (e.g., counterfeit money or fake designer products).
  • Credit Card Fraud: Using stolen, counterfeit, or cloned credit/debit cards—or the numbers themselves—to obtain goods, cash, or services (18 U.S.C. § 1029).
  • Cyber Crimes: Crimes conducted via the internet or computer (e.g., hacking, computer fraud, and online identity theft).
  • Embezzlement: Theft or misappropriation of funds placed in one’s trust or belonging to an employer.
  • Extortion: Obtaining money or property through coercion or threats, including offenses like blackmail.
  • Extortionate Extension of Credit: “Loan-sharking” that charges usurious interest rates backed by threats or violence, prohibited under 18 U.S.C. § 892.
  • False Statements: Lying to a federal agent or in any matter within federal jurisdiction (e.g., falsifying information on federal forms). A notable example is 18 U.S.C. § 1001, which makes it a crime to lie to federal investigators – the same charge that sent Martha Stewart to prison for lying to the FBI during an insider trading investigation.
  • Forgery: Creating false written documents or altering genuine ones to defraud (could involve signatures, legal documents, checks, etc.).
  • Fraud Conspiracy: An agreement between two or more people to commit any fraud offense; prosecuted even if the underlying scam is not completed.
  • Gambling Offenses: Operating illegal gambling or sports-betting businesses in violation of federal laws like the Illegal Gambling Business Act and the Wire Act.
  • Healthcare Fraud: Defrauding Medicare, Medicaid, TRICARE, or private insurers through false billing, kickbacks, or upcoding of medical procedures.
  • Identity Theft: Stealing personal identifying information (e.g., Social Security or credit card numbers) for financial gain.
  • Immigration Fraud: Fraud related to immigration processes (e.g., sham marriages or fake documents to obtain visas).
  • Insider Trading: Illegally trading stocks or securities based on non-public, material information (i.e., serious securities fraud).
  • Insurance Fraud: False claims or scams against insurance companies (e.g., staged accidents or health care billing fraud).
  • Investment Fraud: Schemes that defraud investors, like Ponzi or pyramid schemes.
  • Labor Racketeering: Corrupt infiltration or control of labor unions or benefit plans to extort employers or steal union funds—often charged under RICO.
  • Mail Fraud: Any scheme to defraud that uses the mail. Mail fraud is a broad federal charge often added to cases because many scams use postal mail at some stage.
  • Mass Marketing Fraud: Large-scale scams (e.g., lottery, romance, tech-support) targeting victims through phone, email, or the internet to steal money or personal data.
  • Misappropriation: Improperly taking or using funds or property for unintended purposes (often in the government or corporate context).
  • Money Laundering: Processing criminal proceeds (“dirty money”) through legitimate channels to hide their illicit origin. Money laundering charges often accompany drug trafficking, fraud, or public corruption cases.
  • Mortgage Fraud: Fraudulent schemes related to home mortgages (e.g., lying on mortgage applications or schemes like property flipping fraud).
  • Pill Mill Crimes: Illegally distributing prescription drugs (often opioid painkillers) through medical professionals or pharmacies.
  • Real Estate Fraud: Fraud involving property sales, land, or real estate investments (could range from straw buyer schemes to title fraud).
  • Securities Fraud: Fraud in the stock or securities markets, such as stock manipulation, false corporate disclosures, or broker embezzlement. The Madoff Ponzi scheme is an example of massive securities fraud.
  • Tax Evasion: Illegally avoiding taxes, often by concealing income or inflating deductions. Notorious gangster Al Capone was convicted of federal tax evasion in 1931, illustrating the power of this federal charge.
  • Theft: Major thefts that fall under federal jurisdiction (e.g., theft of federal property or large-scale schemes).
  • Theft, Embezzlement, and Fraud: Stealing, misapplying, or fraudulently obtaining property or funds from programs or organizations receiving federal money (18 U.S.C. § 666).
  • Theft of Trade Secrets: Stealing or misappropriating proprietary business information or intellectual property, often prosecuted under the Economic Espionage Act.
  • Tobacco Law Violations: Trafficking untaxed cigarettes or smuggling tobacco products to evade federal excise taxes and contraband cigarette laws.
  • Transaction Reporting Violations: Structuring cash deposits or failing to file required Currency Transaction Reports/Suspicious Activity Reports under the Bank Secrecy Act to conceal illicit funds.
  • Wire Fraud: Similar to mail fraud, electronic communications (i.e., phone, email, internet) are used to carry out fraud. This is another catch-all charge used in many federal fraud cases (e.g., internet scams and schemes that cross state lines).

White-Collar Crime Example

Bernie Madoff’s case is an example of multiple white-collar federal crimes. Madoff ran a massive Ponzi scheme (investment fraud) that collapsed in 2008. He was federally charged with securities fraud, mail fraud, wire fraud, money laundering, and other offenses.

The FBI’s investigation was extensive. They practically moved into Madoff’s office to sift through records. Madoff ultimately pleaded guilty and received a 150-year federal prison sentence for his white-collar crimes, reflecting the enormous impact of his fraud (billions in losses to investors).

This case exemplifies how federal authorities handle large-scale financial crimes and deliver stern penalties.

Federal Drug Crimes

Federal drug offenses involve the manufacturing, distribution, and possession of controlled substances, violating the U.S. Controlled Substances Act.

While simple drug possession for personal use is typically handled at the state level, more serious drug cases and specific offenses fall under federal jurisdiction (e.g., trafficking across state or international borders or involving significant quantities). The DEA, FBI, and often multi-agency task forces investigate these cases, which range from individuals caught trafficking at airports to extensive international narcotics cartels.

Major federal drug crimes include:

  • Controlled Substances: An overview of laws about illegal drugs and controlled substance schedules.
  • Cocaine Charges: Distribution or trafficking of cocaine or crack cocaine (federal law often distinguishes powder vs. crack in terms of penalties).
  • Crack Cocaine: Specific issues and charges related to crack cocaine, which historically carried different federal penalties.
  • Drug Conspiracy: Conspiracy is commonly charged in federal drug cases; anyone who agrees to participate in a drug trafficking venture can be charged with the overall conspiracy.
  • Drug Distribution: Selling or delivering controlled substances.
  • Drug Manufacturing: Illegally producing drugs (e.g., operating a methamphetamine lab or growing large quantities of marijuana illegally).
  • Drug Possession: Possessing drugs; simple possession can be federal if on federal property or if charges are tied to larger trafficking investigations.
  • Drug Sale: Another term related to the distribution/sale of controlled substances.
  • Drug Smuggling: Illegally importing drugs into the U.S. or moving them across borders (e.g., international or interstate).
  • Drug Trafficking: Broad term for large-scale drug distribution operations.
  • Heroin Crimes: Offenses involving heroin, a Schedule I opioid with high penalties for trafficking.
  • Marijuana Crimes: Offenses involving marijuana. Despite many states legalizing marijuana in some form, it remains illegal federally (Schedule I), and large-scale marijuana operations are prosecuted federally, especially when involving public lands or trafficking across borders.
  • Methamphetamine Crimes: Offenses involving meth, including running meth labs or trafficking methamphetamine.
  • Prescription Drugs: Illegal distribution or acquisition of prescription medications (e.g., opioid painkillers, tranquilizers, etc.) outside the regulated medical system.

Federal drug charges often carry mandatory minimum sentences. For example, trafficking 5 kilograms of cocaine or 1 kilogram of heroin triggers a 10-year mandatory minimum (more if prior convictions), while smaller amounts can trigger a 5-year minimum. Sentences escalate with drug quantity and prior drug felonies. Additionally, enhanced penalties apply if the drug offense results in death or serious injury (e.g., selling fentanyl that causes a fatal overdose.

Federal Drug Crime Example

Joaquín “El Chapo” Guzmán, one of the leaders of Mexico’s Sinaloa Cartel, was extradited and prosecuted in U.S. federal court for a litany of drug trafficking crimes.

In 2019, after a high-profile trial, El Chapo was convicted on all counts (including a continuing criminal enterprise, drug trafficking, and firearms charges) and sentenced to life in the Federal Bureau of Prisons plus 30 years. He was also ordered to forfeit $12.6 billion.

The case, investigated by the DEA, FBI, and Homeland Security Investigations, highlights the reach of U.S. federal law. Even foreign drug kingpins can be brought to justice in U.S. courts if their narcotics flood into the United States.

While most federal drug cases aren’t as dramatic as El Chapo’s, they demonstrate that federal drug laws target large-scale traffickers and impose stiff penalties.

Federal Sex Crimes

The federal government prosecutes certain sex offenses with a national or interstate element. These often involve crimes against children or offenses that cross state lines or use interstate facilities (e.g., the internet).

Federal sex crimes are taken seriously and usually carry significant prison sentences. In some cases, these can result in decades or even life in prison. Agencies like the FBI and ICE (Homeland Security Investigations) often lead these investigations, especially in cases of internet crimes or trafficking.

Key federal sex crimes include:

  • Child Exploitation: Encompasses various offenses involving the sexual exploitation of minors (e.g., child sex trafficking, exploitation via the internet, etc.).
  • Child Pornography: The creation, distribution, or possession of child pornography (often termed child sexual abuse material). Federal law imposes harsh penalties: producing child pornography carries 15 to 30 years per count, and even possession can carry up to 10 years for a first offense.
  • Child Prostitution: Sex trafficking of minors or engaging minors in commercial sex acts. Under federal law, any minor engaged in a commercial sex act is a trafficking victim.
  • Criminal Sexual Abuse: Federal sexual abuse charges, often applicable in federal jurisdictions like military bases or Indian reservations, or involving crossing state lines to commit sexual abuse.
  • Failure to Register as a Sex Offender: A federal crime under the Adam Walsh Act (18 U.S.C. § 2250) for sex offenders who travel interstate and knowingly fail to register as required.
  • Federal Obscenity Violations: Distribution of obscene materials can be a federal offense. Obscenity cases are less common in modern times, aside from child pornography.
  • Federal Prostitution Charges: Prostitution is usually a state issue. Still, federal charges can apply to interstate prostitution rings or related crimes like transporting individuals across state lines for prostitution (i.e., Mann Act violations).
  • Solicitation of a Minor for Sexual Activity: Using the internet or other means to entice or solicit a minor into illegal sexual activity. These cases are often seen in online sting operations.

Federal sex crime cases frequently involve undercover investigations and stings. For instance, federal agents might pose online as minors to catch predators seeking to exploit children over the internet. The internet and digital evidence play a considerable role in these prosecutions (e.g., chat logs, emails, photos, etc.).

Federal Sex Crime Examples

The FBI’s Operation Pacifier is a notable federal case targeting online child exploitation. In 2015, the FBI took down a dark web child pornography site known as “Playpen.” The site’s creator, Steven Chase, was arrested and eventually sentenced to 30 years in federal prison for engaging in a child exploitation enterprise.

The investigation didn’t stop there – it led to hundreds of arrests worldwide and the rescue of numerous children from abuse. This case exemplifies how federal agencies tackle large-scale sex crime operations (primarily internet-based) and the severe penalties imposed on those convicted.

Another example is the federal prosecution of Jeffrey Epstein in 2019 for child sex trafficking (though he died before trial), demonstrating the federal reach in prosecuting complex sex trafficking networks.

Federal Violent Crimes

Most violent crimes are prosecuted at the state level. Federal violent crimes often involve federal property, interstate issues, or specific federal laws.

Federal violent offenses range from carjacking to terrorism. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI frequently participate in violent crime investigations, particularly when firearms, explosives, or organized crime are involved.

Examples of federal violent crimes include:

  • Arson: Deliberately setting fire to property. Arson is a federal crime if it damages federal property or is part of interstate criminal activities (or falls under special federal arson statutes).
  • Assault: Certain assaults are considered federal offenses, particularly if a federal officer is assaulted (e.g., assaulting a DEA agent during an arrest) or if the assault occurs on federal property.
  • Burglary: Burglary of certain facilities can be federal (e.g., burglary of a post office or other federal building).
  • Firearms: Federal firearms offenses include illegal possession of firearms by prohibited persons (e.g., felons, fugitives, domestic abusers), trafficking in guns, using a firearm during a violent or drug crime (which adds mandatory penalties), etc. The ATF primarily enforces these laws.
  • Kidnapping: It becomes federal if the victim is taken across state lines or if it falls under the Federal Kidnapping Act. Kidnapping for ransom often triggers federal jurisdiction.
  • Mailing Injurious Articles: It’s a federal crime to mail certain dangerous items (e.g., sending explosives or biohazards through the U.S. Mail).
  • Murder: Murder is usually a state offense, but certain circumstances can turn this into a federal crime, including:
    • Killing a Federal Official
    • Killing During a Bank Robbery or Drug Trafficking Crime
    • Murder for Hire that Crosses State Lines
    • Terrorism-Related Murders
  • Threatening and Harassing Communications: Sending threats across state lines (via phone, internet, mail) can be a federal crime. Examples include interstate stalking, threatening federal officials, or extortionate threats.

Federal hate crimes (violence motivated by bias) and terrorism offenses are prosecuted federally. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act allows federal prosecution of violent crimes motivated by race, religion, national origin, gender, sexual orientation, etc., under certain circumstances. Terrorism acts (e.g., bombings, hijackings, and attacks on government facilities) are covered by federal statutes and often also involve charges like the use of weapons of mass destruction.

Federal Violent Crime Examples

Dylann Roof committed a mass shooting at a church in South Carolina, killing nine people. While state murder charges were brought, the federal government also charged Roof with 33 federal counts (e.g., hate crimes resulting in death and obstruction of religious exercise). He was convicted of the federal charges and sentenced to death in 2017. The Roof case was federally prosecuted to address the racial hate crime aspect and to pursue the death penalty.

The 1995 Oklahoma City bombing, carried out by Timothy McVeigh, was prosecuted at the federal level because it targeted a federal building and resulted in the deaths of federal law enforcement officers among the 168 victims. McVeigh was found guilty of federal murder and conspiracy charges and executed in 2001.

Cases like these underscore that federal prosecutors will lead the charge when crimes have a national impact or symbolize an attack on society.

Federal Immigration Crimes

The federal government exclusively handles immigration-related offenses, as immigration is under federal jurisdiction. These crimes involve violations of U.S. immigration laws and regulations.

With increased focus on border security, federal prosecution of immigration crimes has been active in recent years. Agencies like the Department of Homeland Security (ICE and CBP) investigate these offenses, and many cases are handled along the border regions by U.S. Attorneys in those districts.

Key federal immigration crimes include:

  • Citizenship Fraud: Fraudulently attempting to obtain U.S. citizenship or naturalization (e.g., falsifying information in the naturalization process).
  • Naturalization Fraud: Related to citizenship fraud, this is specifically cheating or lying during the process of becoming a naturalized citizen (e.g., hiding a criminal record or a past deportation).
  • Smuggling and Harboring Illegal Aliens: Federal law makes it a crime to smuggle individuals into the U.S. (e.g., human trafficking across the border) or to harbor or conceal people known to be in the country illegally. This can apply to those running smuggling operations or even employers systematically employing undocumented workers and hiding them.

Other common immigration-related charges include illegal re-entry (if someone is deported and then returns illegally, 8 U.S.C. §1326 classifies that as a federal felony, with potential prison time increasing if they have a criminal record) and visa fraud (lying or submitting false documents to obtain visas). Additional offenses include alien transportation (knowingly transporting an undocumented immigrant within the U.S.), document fraud (creating or selling fake green cards or visas), and asylum fraud.

Immigration crimes range from illegally crossing the border (often handled in bulk through programs like Operation Streamline, which rapidly processes illegal entry misdemeanors) to large-scale conspiracies (e.g., criminal organizations creating false identities and documents for hundreds of people).

Penalties vary; a simple first-time unlawful entry is a misdemeanor (up to 6 months), but illegal re-entry after deportation can be a felony with up to 2 years (or more if the person has prior convictions). Smuggling and harboring offenses can carry 5-10 years or more, especially if done for profit or involving danger to life.

Federal Immigration Crime Examples

One example involves a large human smuggling ring dismantled by federal agents. In such cases, smugglers who transport migrants across the border for money are prosecuted for bringing in and harboring unauthorized immigrants, facing years in federal prison.

Another scenario could include someone caught in a sham marriage for a green card. They might face federal charges for immigration fraud and conspiracy.

Federal courts in border states like Texas, Arizona, and California handle thousands of immigration cases each year, highlighting the active enforcement of these laws.

Federal Tax Crimes

Tax offenses can be prosecuted at the federal level by the IRS Criminal Investigation Division and the Department of Justice’s Tax Division. Every U.S. taxpayer must follow federal tax laws, and deliberate failure to do so can result in criminal charges (in addition to civil penalties). Tax crimes are a subset of white-collar crime but deserve their own category because of the specialized laws and the involvement of the IRS.

Significant federal tax crimes include:

  • Tax Fraud: General explanation of tax-related offenses, often involving intentionally deceiving the IRS.
  • Alcohol and Tobacco Taxes: Federal law taxes alcohol and tobacco; evading those taxes (like operating an illegal distillery or selling untaxed cigarettes) is a federal crime.
  • Customs Taxes: Failing to pay duties on imported goods or engaging in schemes to avoid customs taxes can lead to federal charges.

Common tax-related charges include tax evasion (willfully avoiding paying due taxes by hiding income or falsifying information) and filing false tax returns (knowingly putting false information on your tax return). There’s also failure to file a tax return (a misdemeanor if willful) and more specialized crimes like employment tax fraud (e.g., not paying IRS payroll taxes) or false claims for tax refunds.

Tax evasion is a felony under 26 U.S.C. §7201, punishable by up to 5 years in prison and hefty fines. Even famous and seemingly untouchable criminals have been brought down by tax charges. For example, Al Capone was convicted of federal tax evasion because, while authorities couldn’t get him for violent crimes, they successfully proved he failed to pay taxes on his illegal income. Business owners, doctors, lawyers, and celebrities have recently faced tax charges for hiding income in offshore accounts or using sham trusts to evade taxes.

The IRS often uncovers tax crimes through audits, whistleblowers, or by following the money in other investigations. For instance, someone investigated for fraud might also be charged with tax evasion if they fail to report their ill-gotten gains. The federal government takes tax compliance seriously, as it funds all government operations.

If you are under investigation for a tax-related crime, it’s crucial to secure legal counsel experienced in tax law prosecutions in federal courts. These cases can sometimes be resolved civilly (with fines and back taxes) rather than criminally if appropriately handled early on.

Federal Public Corruption Crimes

Public corruption refers to crimes involving the corruption of government officials or processes. These cases typically involve bribery, graft, or misuse of office. The federal government aggressively prosecutes public officials – whether federal, state, or local – who abuse their positions, using laws that cover everything from bribery to fraud. The FBI often leads public corruption investigations, sometimes with the help of inspectors general of various agencies.

Key federal public corruption offenses include:

  • Bribery of Government Official: Offering, giving, soliciting, or receiving anything of value for an official act by a public official is a federal crime. For example, a business person could bribe a city mayor for a contract, or a contractor could bribe a military procurement officer for favorable treatment.
  • Campaign Finance Violations: Willfully violating federal campaign finance laws (e.g., straw donor schemes, excessive contributions, or foreign contributions) can lead to federal charges.
  • Election Law Violations: Fraud in federal elections (e.g., ballot stuffing in a federal election, voter intimidation, or conspiracy to submit fake votes) can be federally prosecuted.
  • Offering a Gratuity to a Public Official: Related to bribery, a “gratuity” is something of value given to an official for or because of an official act. This is a lesser charge than bribery because it is not necessarily with the intent to influence future acts, but it is still illegal if tied to official duties.

Other examples of public corruption crimes are embezzlement of public funds (e.g., a government employee stealing money from a federal program) and honest services fraud (a scheme where a public official defrauds the public of their right to honest services, often charged in corruption cases involving kickbacks or undisclosed self-dealing). Honest services fraud is typically prosecuted under the mail or wire fraud statutes when an official or corporate executive schemes to enrich themselves at the expense of their duty to others.

Federal Public Corruption Crime Examples

Public corruption cases have included everything from local officials to U.S. Congress members. Federal prosecutors have taken down governors (e.g., Illinois Governor Rod Blagojevich for attempting to sell a Senate seat), members of Congress, judges, mayors, police officers, and other public servants for corruption.

The penalties can be steep. Blagojevich, for example, was sentenced to 14 years in federal prison for corruption (though later his sentence was commuted). Even smaller-scale corruption, like a city official taking a $5,000 bribe, is often met with prison time to send a message.

Public Corruption Example: Jasiel Correia, Mayor of Fall River

A recent case in Massachusetts involved the Mayor of Fall River, Jasiel Correia. He was convicted in 2021 on multiple federal charges, including extortion, wire fraud, and conspiracy to commit extortion for abusing his office. He extorted bribes from marijuana businesses seeking licenses and defrauded investors in a startup he founded. The result: he was sentenced to 6 years in federal prison and ordered to pay restitution. This is a prime example of federal authorities cracking down on a local official for public corruption.

Public Corruption Example: Raymond She Wah Chan, Los Angeles Deputy Mayor

Another example is Los Angeles Deputy Mayor Raymond She Wah Chan, who was sentenced to 12 years for a corruption scheme involving real estate development kickbacks. The federal system is often the venue for these cases because of interstate elements (e.g., using wires for communication, federal funds involved, etc.) and the desire to have an impartial forum for high-profile local corruption.

Offenses Involving Federal Prisons

Even after conviction, not all criminal activity stops behind bars. The federal government criminalizes certain acts that occur in prison or involve inmates. These laws help maintain the safety and order of federal detention facilities and cover situations where inmates try to escape or undermine justice.

Key offenses in this category include:

  • Escape: It’s a federal crime for a prisoner to escape or attempt to escape from federal custody. This includes walking away from a federal prison camp or failing to return from a furlough or temporary release. Escape charges can add additional prison time to the original sentence.
  • Contraband in Prison: Introducing or possessing contraband in federal prison is illegal. Contraband can include weapons, drugs, cell phones, and other prohibited items. This applies to inmates hiding contraband and to staff/visitors who smuggle items into prisons.

Another serious federal offense is assaulting or killing a federal correctional officer or fellow inmate (these are charged under federal assault or murder statutes). Additionally, bribery of prison officials or providing prohibited items to inmates can result in federal charges.

Federal inmates might also face charges for crimes committed while in prison, for example:

  • New fraud schemes run by phone or mail.
  • Orchestrating crimes on the outside (prosecuted like any other crime, but since they occurred while incarcerated, they can influence sentencing).

These offenses serve as a reminder that even in custody, individuals are subject to the law. For instance, a group of inmates who assault another inmate could be federally prosecuted for that violence on top of their existing sentences. Or if an inmate is found running a drug distribution ring within the prison, they could face new federal charges for that conduct.

Other Federal Offenses

Finally, some federal crimes don’t neatly fall into the above categories. These “other” federal offenses cover a broad range of illegal activities under federal jurisdiction:

  • Accessory After the Fact: Assisting someone who has committed a federal crime while being aware of their guilt to obstruct their apprehension or punishment. For instance, concealing a fugitive or destroying evidence of another person’s federal crime can make you an accessory after the fact.
  • Aiding and Abetting: Assisting in the commission of a federal crime. Under 18 U.S.C. § 2, an aider and abettor is treated as a principal, meaning they can be charged as if they committed the crime themselves.
  • Class A Misdemeanors: While many federal crimes are felonies, Class A misdemeanors (punishable by up to 1 year in prison) are still prosecuted federally. These include certain less severe offenses on federal property and minor regulatory crimes.
  • Civil Rights Violations: This refers to federal criminal civil rights statutes, such as willfully depriving someone of their rights under color of law (often used to charge law enforcement officers who abuse civilians’ rights) or crimes like violent interference with the right to vote.
  • Conservation and Wildlife Crimes: Violations of federal laws protecting wildlife and natural resources. For example, poaching federally protected animals, illegal trafficking of endangered species (violating the Endangered Species Act or Lacey Act), or illegal logging and pollution can be federal crimes.
  • Conspiracies, Attempts, and Solicitations: Federal law often separately criminalizes the attempt or solicitation to commit a crime and conspiracy. This page discusses how, in federal law, planning or attempting a crime can be charged even if it wasn’t completed.
  • Contempt Charges: Willful disobedience of a judge’s order or disruption of court proceedings can lead to contempt of court charges, some of which are criminal (especially if it’s contempt of a federal court).
  • Failure to Appear: If someone is released on bond in a federal case and willfully fails to show up for court (i.e., jumps bail), that is a separate federal offense. Likewise, bail jumping can lead to additional imprisonment.
  • Misprision of Felony: An old law (18 U.S.C. § 4) makes it a crime to know of a felony and actively conceal it from authorities. It’s rarely charged, but it’s essentially failing to report a known federal crime combined with some act of hiding it.
  • Obstruction of Justice: Interfering with the administration of justice, which can include destroying evidence, threatening witnesses, or lying to investigators. This overlaps with false statement charges. Obstruction charges are relatively common in federal investigations. These are added when someone tries to cover up wrongdoing.
  • Perjury Charges: Lying under oath, such as in a federal court proceeding or before a federal grand jury, is a federal crime. Perjury can carry up to 5 years in prison.
  • Product Tampering: Tampering with consumer products, especially food or drugs, is a federal offense (e.g., the federal Anti-Tampering Act was passed after the infamous Tylenol cyanide poisonings in the 1980s).
  • Tampering with Food and Drugs: Related to product tampering, explicitly focusing on consumables and medicines. It includes tainting products or altering medication.

Other Federal Crime Examples

This “Other” category highlights the diversity of federal law. For instance, civil rights violations include cases like the federal prosecution of police officers who beat Rodney King. They were federally charged with violating his civil rights after being acquitted in state court, which illustrates dual sovereignty. Conservation crimes may involve prosecuting a trafficking ring dealing with illegal ivory or rhino horns.

Obstruction of justice was famously one of the charges against Martha Stewart for obstructing the SEC investigation. It frequently appears in federal investigations where individuals attempt to lie or cover-up; it is also a key charge in numerous political scandals.

Federal Criminal Law is Broad and Vast

The list of federal crimes above is extensive but not exhaustive. Congress has created thousands of federal offenses. Over 5,000 federal criminal statutes are on the books, which doesn’t count federal regulations that carry criminal penalties. This means the federal criminal law landscape is vast.

If particular misconduct has a national impact or federal interest, there’s likely a law against it. The list links to specific pages for more in-depth information about each crime, including legal definitions, potential penalties, and examples.

These federal offenses can carry serious consequences (e.g., substantial time in federal prison, high fines, and lasting collateral effects). If you see these charges (or any federal charge) on paperwork relating to an investigation or indictment, take it seriously and seek legal counsel immediately.

If you suspect you are under federal investigation – for instance, if federal agents arrive asking questions or you receive a target letter from a U.S. Attorney – consult a federal criminal defense attorney immediately. Early intervention may prevent charges or enhance your options. Never assume you can talk your way out of it; what you consider a harmless statement might later be used as evidence of false statements or obstruction. Always exercise your right to remain silent until you receive legal advice.

What to Do if You Are Charged with a Federal Crime

Facing federal criminal charges can be frightening and overwhelming. The stakes are high – your liberty, reputation, and finances are on the line, and the federal government will dedicate significant resources to prosecute you. If you are charged with a federal crime (or under investigation for one), take these crucial steps:

  1. Exercise Your Right to Remain Silent: If federal agents (e.g., FBI, DEA, IRS, etc.) question you, you do not have to answer. It is often wise not to talk to law enforcement without an attorney. You can respectfully tell agents you choose to remain silent and want a lawyer. Remember, lying to federal agents is a crime (i.e., false statements), so it’s safer to remain silent rather than risk incriminating yourself or accidentally providing false information. Anything you say can and will be used against you.
  2. Invoke Your Right to an Attorney: Clearly state you want to speak to a lawyer. Once you do, agents should stop questioning. Then, contact a qualified federal criminal defense attorney immediately. Federal cases move quickly, especially early on (e.g., indictment, initial hearings), and having a lawyer from the outset is critical. A federal criminal defense attorney will understand federal law and procedure nuances, which can differ significantly from state cases.
  3. Do Not Consent to Searches: If agents ask for permission to search your home, vehicle, electronic devices, or other property, you can refuse consent. Make them get a warrant. Do not hide or destroy evidence, which can lead to obstruction charges. You also need not hand everything over without proper legal process. For example, if investigators show up at your door, talk to your lawyer about how to handle it. You must comply if they have a warrant, but you still shouldn’t answer questions without counsel.
  4. Document and Gather Information: As soon as possible, write down everything you remember about any interactions with law enforcement or anything related to the case: dates, times, what was said, who was present. This is useful for your attorney when building a defense. Also, preserve any evidence that could help you (e.g., emails, messages, or documents supporting your side) and give them to your lawyer.
  5. Follow Your Lawyer’s Advice: This sounds obvious, but it’s vital. A seasoned federal offense attorney is your best advocate and knows the strategies that work in federal cases. Listen to their guidance about what to say, which witnesses to avoid contact with, and how to conduct yourself. They can also engage with the prosecutors to negotiate or clarify issues early on.
  6. Don’t Discuss Your Case with Others: Beyond your attorney, avoid discussing the details of the case with friends, family, or especially co-defendants or anyone connected to the case. You never know who might be cooperating with authorities. Also, phone calls and emails can be monitored or subpoenaed. Keep communications about the case privileged (i.e., through your lawyer). Many defendants hurt their cases by confiding in the wrong person or discussing the case on a recorded prison line.
  7. Prepare for the Process: Federal cases can take time. There may be multiple court appearances, and the procedures might seem confusing. Your attorney can help you understand each step. Educate yourself on the basics of the process (i.e., arraignment, bail, motions, trial, etc. This guide you’re reading is a good start. Being informed will help you stay calm and make better decisions.
  8. Take Care of Personal Matters: If you suspect you might be indicted or have been indicted and are out on bond awaiting trial, use that time wisely. Get your affairs in order (e.g., financial matters, childcare, work obligations). This is not to assume the worst, but being prepared is prudent. Also, if you have any substance abuse issues or health concerns, address them. Demonstrating proactive rehabilitation (e.g., entering a treatment program) can help your case or at least your situation.
  9. Maintain Professionalism: Appear when required for court dates, follow all conditions if released on bond (e.g., travel restrictions or check-ins), and show respect to the court. How you conduct yourself can impact bail and even plea negotiations. Demonstrating you are responsible and cooperative (in legal procedure, not necessarily with providing evidence) can only help.
  10. Consider All Options with an Open Mind: Sometimes, the best choice is to fight the charges at trial. Other times, negotiating a plea bargain is wiser. Work closely with your lawyer to evaluate the evidence. A plea deal might drastically reduce prison time or charges, but going to trial might be worth the risk if the case has weaknesses. This decision-making is complex – trust your attorney’s expertise, but ensure you understand the pros and cons of each path.

Remember, being charged differs from being convicted. You have rights and opportunities to defend yourself. The prosecution must prove your guilt beyond a reasonable doubt. Depending on the case, defenses may be available (e.g., lack of intent, entrapment, insufficient evidence, constitutional violations, etc.). A skilled defense attorney can identify these and fight for you.

If you are under federal investigation but have not been charged, now is the time to act. Often, a lawyer can engage with the prosecutors pre-indictment to possibly prevent charges or negotiate a self-surrender if charges are coming (which can help with bond). And if agents show up with a grand jury subpoena or a search warrant, get legal advice immediately on how to comply and protect your interests.

Finally, take care of your mental health. Facing federal charges is stressful. Lean on a small, trusted support system (e.g., family and close friends) for emotional support. Consider counseling if it is hard to cope. Be cautious about discussing case details, but know you need not face the emotional burden alone. Staying mentally strong will help you make better decisions during your case.

Defense Strategies for Federal Charges

Facing federal criminal charges is a daunting experience that presents unique challenges and requires a distinctly strategic approach. Unlike most state-level prosecutions, federal cases are handled by highly trained prosecutors, investigated by powerful agencies, and governed by strict procedural rules. Mounting a strong legal defense is not just important—it can be the deciding factor in the outcome of your case.

Why Federal Cases Demand Specialized Defense

Federal prosecutions are known for their thorough investigations and aggressive pursuit of convictions. They have access to extensive resources and often build cases over months or years before bringing charges. When an indictment is filed, the government may have gathered substantial evidence against the accused. Early and informed action is crucial for anyone under investigation or facing federal charges.

The federal court system operates under different rules and procedures from state courts. Sentencing guidelines are typically harsher, and mandatory minimums may apply. The federal system also has no parole, meaning sentences must largely be served in full. These factors make it essential to have a defense strategy tailored specifically to the federal context.

Key Elements of an Effective Federal Defense

  1. Early Legal Intervention: The sooner you consult with an experienced federal criminal defense attorney, the better your chances of shaping the course of your case. Early intervention allows your attorney to communicate with prosecutors, gather evidence, and potentially prevent charges from being filed.
  2. Understanding the Charges and Evidence: Federal indictments are often complex, involving multiple statutes and extensive documentation. A skilled attorney will thoroughly review the evidence, identify the prosecution’s case weaknesses, and determine if your rights were violated during the investigation or arrest.
  3. Challenging the Prosecution’s Case: Effective defense strategies may include filing motions to suppress illegally obtained evidence, disputing the credibility of government witnesses, and challenging the sufficiency of the prosecution’s proof. In some cases, procedural errors or constitutional violations can result in reduced charges or even dismissal.
  4. Negotiating Plea Agreements: Given the high conviction rates in federal court, many cases are resolved through plea negotiations. An experienced federal defense lawyer can advocate for reduced charges or lighter sentencing recommendations, especially by demonstrating mitigating circumstances or cooperation with authorities.
  5. Preparing for Trial: If your case proceeds to trial, your defense team must be ready to present a compelling case to the jury. This includes developing alternative theories, cross-examining government witnesses, and introducing favorable evidence. Federal trials are high-stakes and require meticulous preparation.

The Importance of Choosing the Right Defense Attorney

Not all criminal defense attorneys have experience in federal court. Federal cases demand a deep understanding of federal statutes, procedural rules, and sentencing guidelines. When selecting legal representation, look for attorneys with a proven track record in federal cases and familiarity with the local U.S. District Court.

Proactive Steps if You Are Facing Federal Charges

  • Do not speak to investigators without legal counsel present.
  • Gather and preserve any documents or evidence that may support your defense.
  • Avoid discussing your case with anyone except your attorney, as statements can be used against you.
  • Act quickly—delays can limit your legal options and weaken your defense.

The stakes in federal criminal cases are extraordinarily high. A well-crafted and aggressive defense can make the difference between a lengthy prison sentence and a more favorable outcome. If you or a loved one is facing federal charges, seek experienced legal guidance early to protect your rights and future.

Facing Federal Criminal Charges? Get Experienced Help Now

If you or a loved one is charged with a federal crime – or if you suspect an investigation – get professional legal help as soon as possible. Federal cases move fast and can be complex, but you don’t have to navigate them alone.

Elizabeth Franklin-Best P.C. has extensive experience in federal criminal defense and understands the high stakes involved in federal offenses. Our firm is familiar with the federal courts, prosecutors, and procedures and is dedicated to protecting your rights at every stage.

At Elizabeth Franklin-Best P.C., our goal is simple: to achieve the best possible outcome for our clients. This means reduced charges, securing favorable plea deals, winning at trial, or minimizing the sentence if a conviction is unavoidable.

We also assist clients with compassionate release and post-conviction relief, helping those already in federal prison with appeals and other options to regain their freedom sooner. Our team prides itself on assisting clients to serve the least time in the best federal prisons with the earliest opportunities for release.

Choose a Dedicated Federal Defense Firm

Federal law is a specialized field. The sentencing guidelines, mandatory minimums, and unwritten rules of federal prosecutions differ significantly from state cases. You need a team experienced in federal matters, not a general practice lawyer who might be unfamiliar. Our team stays current on the latest federal criminal law developments and has a track record of success in high-stakes federal cases.

We provide a confidential one-hour initial consultation to discuss your situation and outline a strategy. This consultation can offer clarity and direction when you may feel overwhelmed. We will review the charges (or potential charges), answer your questions, and explain the next steps. Every case is unique, and we will give you an honest assessment of what you’re facing and how we can assist.

Take Action Now: The sooner you have a federal defense attorney on your side, the better your chances. Evidence can be reviewed, witnesses interviewed, and negotiations started early. If you’ve been approached by federal agents or received any legal papers, don’t wait.

Ready to Protect Your Future?

Book a one-hour consultation with our team today to get started. Schedule your consultation through our online booking portal, and let us help you tackle federal charges head-on.

Facing federal charges or dealing with a loved one’s federal imprisonment is daunting, but you don’t have to face it alone. Contact Elizabeth Franklin-Best P.C. for the strong, knowledgeable advocacy you need. We are here to stand by your side, fight for your rights, and guide you through this challenging time with professionalism and compassion. Your freedom and future are worth fighting for – and we’re ready to fight for you.

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