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The crime is complete before the defendant understands it as a crime. Under federal law, embezzlement does not require a plan to steal, does not require permanent deprivation, and does not forgive the person…

A federal identity theft prosecution ends, in most cases, with a guilty plea. The arithmetic of mandatory consecutive sentences renders the alternative unacceptable. When each victim's identity used in furtherance of a predicate felony…

Can I Travel If I Am Under Federal Investigation? The Right You Already Have and the Mistake You Are About to Make The answer is yes. You can travel domestically and internationally while a…

The federal investigation concluded months before the arrest. That is the sentence most practitioners in this area wish their clients had understood before the agents arrived, and it is the sentence that reframes every…

The federal system does not distinguish between a twenty year old and a forty year old at the moment of arrest. The handcuffs are the same. The booking process, the initial appearance before a…

The answer is yes, and the question itself reveals a misunderstanding of what the statute prohibits. Section 10(b) of the Securities Exchange Act of 1934 does not concern itself with the direction of the…

The Document Most Witnesses Never Read The four pages of SEC Form 1662 contain more consequential language than most contracts a business owner will sign in a decade. The form accompanies every subpoena the…

The Question You Are Already Too Late to Ask The fact that you are searching for signs of an FBI investigation is, in most cases, the only sign you need. Federal investigations do not…

You cannot refuse the subpoena. You may, under certain conditions, refuse to answer specific questions. The distance between those two facts is where most people lose their footing, and where the consequences of misunderstanding…

A federal grand jury subpoena carries a presumption of regularity that most recipients do not understand until it is too late to alter their position. The Supreme Court confirmed as much in United States…