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Can You Be Arrested for Violating Social Distancing Orders?
COVID-19 has created a lot of confusing change in a very short period of time. For those of us living in New York City, the biggest change has been the way that New York City has essentially been shut down in the wake of the…
What is Check Kiting?
While many people have accidentally bounced a check every now and then, check kiting is a deliberate form of fraud. It’s a federal white collar crime and can involve sophisticated schemes and multiple banks. Yet it does not have to be sophisticated to get you…
What Is the Federal Crime of Structuring?
Under the federal Bank Secrecy Act, banks must report deposits, withdrawals, or transfers of more than $10,000. This doesn’t mean it’s illegal to make them, only that the federal government gets an alert when they see you do it. Some people try to divide up…
How Discovery Works in Federal Criminal Cases
Upon a defense lawyer’s request, federal law requires prosecutors to give the defense copies of all the materials and evidence they intend to use at trial. This includes any evidence which may tend to support the defendant’s innocence, called exculpatory evidence. Federal prosecutors have an…
3 Myths About White Collar Crime
White collar crime costs society $1 trillion every year. It is the most common form of crime, far more common than violent crime, and yet is widely misunderstood. Indeed, many people believe that it’s extremely rare. In part, it’s misunderstood because it’s so arcane. As…
What is a “Geofence” Warrant?
A geofence warrant is a warrant that goes to any company capable of tracking your location data through your cellphone. Law enforcement gets a warrant from a judge, then serves it to Google or Apple. The warrant specifies a physical location and a time period.…
Does the 5th Amendment Let You Lie to Federal Agents?
Lying to federal agents is against the law, and the 5th Amendment will not protect you if you choose to do it. Under the 5th Amendment, you have the right to avoid incriminating yourself. At least, that’s the simplified version of the 5th Amendment you…
Could a Cyber-Crime Result in a Murder Charge?
This October, PBS reported on a ransomware attack that hit a county health hospital in Wisconsin. “Campbell County Health reported systemwide crippling of their computers that affected its flagship hospital and nearly 20 clinics located in the city of Gillette. For eight hours, the hospital’s…
Should You Take a Polygraph if You’re Accused of a Federal Crime?
Polygraphs are notorious for being “junk science.” The technology behind them hasn’t been updated since the 1950s, and they are only 80% to 90% accurate. In fact, some experts say they don’t measure lies. They measure stress. Fear. Anxiety. In fact, the APA would tell…
It May Soon Be Legal to Collect DNA from Immigrants
A proposed rule would allow immigration officials to collect DNA from detainees. This information is then placed in a national criminal database. This decision will impact 748,000 migrants. Prior to the passage of this rule, the FBI was already collecting DNA from anyone who had…
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