An Overview of How a Federal Criminal Defense Lawyer Can Assist You

Few things command attention like federal offenses. Federal offenses are in a league of their own when compared to state-level charges, often reflecting alleged interstate crimes, cooperation between federal agencies, and months or years worth of investigative work. The federal government has substantial resources when it comes to prosecution, and you need the same level of commitment when it comes to your defense.

Defense and Litigation Against the FBI, HHS, and IRS in California

When agencies like the FBI, HHS, and IRS decide to target an entity or individual, the stakes are high. Federal convictions generally result in long prison sentences and expensive penalties.

There are myriad federal law enforcement agencies that might investigate white-collar crimes.  But the three most common are:

• FBI:  The Federal Bureau of Investigation has broad latitude to investigate all types of white collar crime. Under federal law, the FBI is authorized to investigate all federal crimes that are not assigned exclusively to another federal agency. The FBI breaks down its investigations into nine categories: terrorism, counterintelligence, cyber crime, public corruption, civil rights, organized crime, weapons of mass destruction, violent crime, and white collar crime. Even when the FBI is not the primary investigating agency, it may work alongside other federal agencies, agencies at lower levels of government, and private sector partners to investigate crime.
• HHS: The U.S. Department of Health and Human Services includes the Office of Investigations, which investigates a wide range of crimes involving fraud and misconduct affecting HHS programs and beneficiaries. They collaborate with law enforcement agencies and the Department of Justice to investigate crimes affecting multiple agencies. The crimes they investigate generally involve the fraud or misuse of Medicare, Medicaid, and other healthcare programs. When service providers fraudulently bill federal agencies for care that is not needed or provided, secure reimbursement for equipment that does not make it to patients, or otherwise defraud patients and agencies, the HHS gets involved.
• IRS: The Internal Revenue Service investigates money laundering, tax evasion, and other violations of the Internal Revenue Code and Bank Secrecy Act. They gather information via tax records and other documentation, as well as anonymous reports of tax fraud. Some of their key areas of investigation include corporate fraud, bankruptcy fraud in cases where the IRS is a creditor, fraud against financial institutions, illegal gaming operations, identity theft schemes, and the tax and money laundering aspects of public corruption crimes. In these types of investigations, the IRS generally works with other federal agencies.

What Are Federal Offenses?

In general, specific criminal acts are addressed in both state and federal laws. What turns a state-level criminal investigation into a federal issue? An alleged crime must be of federal interest to initiate an investigation at this level, and a number of circumstances cause that to happen. A crime that occurs in multiple states, takes place on federal property, utilizes federal resources or organizations, or involves people from multiple states will likely be considered a federal offense. In these situations, even criminal activity that would typically be handled at the state level becomes a federal crime.

Please note that the information provided here is a general overview. Our expertise as former  federal prosecutors and as criminal defense attorneys leads us to handle each case on a personal level, guaranteeing personalized attention to the specific nature of a clients’ case. We cater to a diverse clientele, including licensed practitioners, high-powered executives, health care providers and practices, and individuals with prominent positions in their community. For personalized guidance, contact a federal criminal defense attorney with the utmost discretion and respect for privacy.

Patrick Delahunty

Patrick Delahunty is a former federal prosecutor with deep experience in resolving disputes. He advises individuals and companies in complex criminal, regulatory, and commercial litigation.