FEDERAL CRIMES

The list of Federal Crimes grows each year. Only the United States Attorney is authorized to prosecute some of these crimes; for example, killing a Bald Eagle or illegal reentry of an alien. However, in many situations, both the State and the U.S. Government has jurisdiction to prosecute a particular crime. Drug cases are a good example. No matter the amount, it is a violation to possess cocaine under both Texas and United States statutes.

In drug cases, the Federal prosecutors have a tendency to look at the bigger picture. Since their focus is on the country at large, the agencies that normally investigate for the Attorney General (FBI, DEA, ATF, ICE or IRS), interest themselves in large amount delivery cases or historical conspiracies involving many co-defendants. However, the magnitude of the crime is more important to the local U.S. Attorney than the investigative agency that made the case. We have represented several clients charged in large drug possession cases, where the main investigative agency was the Texas Department of Public Safety.

State and Federal prosecutors often share jurisdiction in theft and embezzlement cases as well. Mortgage Fraud is a good example. False statements to a bank usually implicate the United States Bank and Wire Fraud statutes, but whether it winds up in Federal Court will be dependent on the complexity of the scheme to defraud or the amount of loss. We have had several situations, where the case started in State court and the Feds took it over, either because of the complexity of the case or because it was attached to something the FBI was already working on.

Federal Agents are well trained, and well educated. Since many of the cases they are working on don't involve the immediate need to stop a crime in progress, they are in no hurry to arrest. Their investigation may take years before it is ripe for indictment. They are particularly good at getting targets to talk to them, since their manner is not at all coercive. Our suggestion is, when an agent knocks on your door, get representation. Let a qualified and experienced lawyer tell you whether cooperation is in your best interest or whether you have experienced a "sheep in wolf's clothing".

Give us a call at Stradley, Chernof & Alford if you get an inkling that there is a Federal Investigation involving you, your associates, or your company. We don't charge for an initial consultation.