Federal crime in the United States

Last updated

Federal Bureau of Investigation Seal. The FBI is the main agency responsible for investigating federal offenses. Seal of the Federal Bureau of Investigation.svg
Federal Bureau of Investigation Seal. The FBI is the main agency responsible for investigating federal offenses.

In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prosecution happens at both the federal and the state levels (based on the Dual sovereignty doctrine) and so a "federal crime" is one that is prosecuted under federal criminal law and not under state criminal law under which most of the crimes committed in the United States are prosecuted.

Contents

That includes many acts for which, if they did not occur on U.S. federal property or on Indian reservations or were not specifically penalized, would either not be crimes or fall under state or local law. Some crimes are listed in Title 18 of the United States Code (the federal criminal and penal code), but others fall under other titles. For instance, tax evasion and possession of weapons banned by the National Firearms Act are criminalized in Title 26 of the United States Code.

Numerous federal agencies have been granted powers to investigate federal offenses, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement, the Internal Revenue Service, and the Secret Service.

Other federal crimes include mail fraud, aircraft hijacking, carjacking, kidnapping, lynching, bank robbery, child pornography, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, tax evasion, counterfeiting, violations of the Espionage Act, violations of the Patriot Act (pre-2020), illegal wiretapping, art theft from a museum, [1] damaging or destroying public mailboxes, electoral fraud, immigration offenses, and since 1965 in the aftermath of President John F. Kennedy's assassination, assassinating or attempting assassination of the President or Vice President. [2]

In drug-related federal offenses, mandatory minimums can be enforced if federal law is implicated, when a defendant manufactures, sells, imports/exports, traffic, or cultivate illegal controlled substances across state boundaries or national borders.[ citation needed ] A mandatory minimum is a federally regulated minimum sentence for offenses relating to certain drugs. [3]

Prosecution guidelines are established by the United States Attorney in each federal judicial district and by laws that Congress has already established.

See also

Related Research Articles

A felony is traditionally considered a crime of high seriousness, whereas a misdemeanour is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.

<span class="mw-page-title-main">Racketeer Influenced and Corrupt Organizations Act</span> US federal law

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

<span class="mw-page-title-main">Identity theft</span> Deliberate use of someone elses identity, usually as a method to gain a financial advantage

Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been statutorily defined throughout both the U.K. and the U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits, and perhaps to cause other person's disadvantages or loss. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.

<span class="mw-page-title-main">Brady Handgun Violence Prevention Act</span> Mandate for background checks on firearm purchasers in the U.S.

The Brady Handgun Violence Prevention Act, often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States, and imposed a five-day waiting period on purchases, until the National Instant Criminal Background Check System (NICS) was implemented in 1998. The act was appended to the end of Section 922 of title 18, United States Code. The intention of the act was to prevent persons with previous serious convictions from purchasing firearms.

<span class="mw-page-title-main">Bureau of Alcohol, Tobacco, Firearms and Explosives</span> U.S. law enforcement agency

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives; acts of arson and bombings; and illegal trafficking and tax evasion of alcohol and tobacco products. The ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. Many of the ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods. The ATF operates a unique fire research laboratory in Beltsville, Maryland, where full-scale mock-ups of criminal arson can be reconstructed. The ATF had 5,285 employees and an annual budget of almost $1.5 billion in 2021. The ATF has received criticism over the Ruby Ridge controversy, the Waco siege controversy and others.

Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.

A law enforcement officer (LEO), or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, and other public safety related duties. Law enforcement officers are designated certain powers & authority by law to allow them to carry out their responsibilities.

<span class="mw-page-title-main">Firearm Owners Protection Act</span> 1986 United States federal gun control law

The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968.

<span class="mw-page-title-main">Coast Guard Investigative Service</span>

The Coast Guard Investigative Service (CGIS) is a division of the United States Coast Guard that investigates crimes where the U.S. Coast Guard has an interest. It is composed of civilian (GS-1811), active duty, reserve enlisted, and warrant officer special agents.

<span class="mw-page-title-main">National Incident-Based Reporting System</span> System used by law enforcement agencies in the United States

National Incident-Based Reporting System (NIBRS) is an incident-based reporting system used by law enforcement agencies in the United States for collecting and reporting data on crimes. Local, state and federal agencies generate NIBRS data from their records management systems. Data is collected on every incident and arrest in the Group A offense category. These Group A offenses are 52 offenses grouped in 23 crime categories. Specific facts about these offenses are gathered and reported to NIBRS. In addition to the Group A offenses, 10 Group B offenses are reported with only the arrest information.

Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.

The United States Food and Drug Administration (FDA) Office of Criminal Investigations (OCI) provides the FDA with a specific office to conduct and coordinate its criminal investigations.

<span class="mw-page-title-main">Organized Crime Drug Enforcement Task Force</span>

The Organized Crime Drug Enforcement Task Force (OCDETF) is a federal drug enforcement program in the United States, overseen by the Attorney General and the Department of Justice. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the major drug trafficking operations and tackle related crimes, such as money laundering, tax and weapon violations, and violent crime, and prosecute those primarily responsible for the nation's drug supply.

<span class="mw-page-title-main">IRS Criminal Investigation</span> Criminal Investigation division of the IRS

Internal Revenue Service, Criminal Investigation (IRS-CI) is the United States federal law enforcement agency responsible for investigating potential criminal violations of the U.S. Internal Revenue Code and related financial crimes, such as money laundering, currency violations, tax-related identity theft fraud and terrorist financing that adversely affect tax administration. While other federal agencies also have investigative jurisdiction for money laundering and some Bank Secrecy Act violations, IRS-CI is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code, in a manner intended to foster confidence in the tax system and deter violations of tax law. Criminal Investigation is a division of the Internal Revenue Service, which in turn is a bureau within the United States Department of the Treasury.

<span class="mw-page-title-main">Financial crime</span>

Financial crime is crime committed against property, involving the unlawful conversion of the ownership of property to one's own personal use and benefit. Financial crimes may involve fraud ; theft; scams or confidence tricks; tax evasion; bribery; sedition; embezzlement; identity theft; money laundering; and forgery and counterfeiting, including the production of counterfeit money and consumer goods.

<span class="mw-page-title-main">California Department of Justice</span> Statewide investigative law enforcement agency

The California Department of Justice is a statewide investigative law enforcement agency and legal department of the California executive branch under the elected leadership of the California Attorney General (AG) which carries out complex criminal and civil investigations, prosecutions, and other legal services throughout the US state of California. The department is equivalent to the State Bureau of Investigation in other states.

Operation Power Outage was a sting operation targeted at arresting and indicting members of the criminal group Armenian Power operating in the United States. The group is accused of racketeering offenses, bank fraud schemes, kidnappings, and drug trafficking. Armenian Power which originated 20 years ago in East Hollywood and has over 200 members, has developed from a street gang into an international criminal organization.

<span class="mw-page-title-main">Travel Act</span>

The Travel Act or International Travel Act of 1961, 18 U.S.C. § 1952, is a Federal criminal statute which forbids the use of the U.S. mail, or interstate or foreign travel, for the purpose of engaging in certain specified criminal acts.

<span class="mw-page-title-main">Project Southern Tempest</span>

Project Southern Tempest was a major U.S. Immigration and Customs Enforcement (ICE) operation conducted between December 2010 and February 2011 targeting transnational street gang members with ties to drug cartels in Mexico, as part of the ongoing law enforcement initiative known as Operation Community Shield.

References

  1. "§ 668. Theft of major artwork". Legal Information Institute.
  2. "Attacks on President Now Federal Crime". The New York Times . September 1, 1965. Retrieved October 5, 2009. A bill that would make killing, kidnapping or attacking a President a Federal crime has been signed by President Johnson.
  3. "Archived copy" (PDF). Archived from the original (PDF) on November 21, 2014. Retrieved December 22, 2014.{{cite web}}: CS1 maint: archived copy as title (link)