Criminal Law Newsletters
Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts
Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money.
Criminal Violations of the Federal Mine Safety and Health Act of 1977
The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of the MSHA is claimed, an investigation is conducted regarding the allegations of the violation. If a criminal division determines that a case referred to it warrants prosecution, the case will be referred to the office of the United States Attorney.
Documentary Evidence
Documentary evidence is evidence that is derived on a material source or substance. Documentary or secondary evidence must be authenticated prior to its admission. Documentary evidence is the actual or original writing or non-testimonial evidence sought to be admitted. Secondary evidence is a copy of the original document or non-testimonial evidence. The proponent of the evidence must show that the evidence is what the proponent purports that it is.
Federal Criminal Offenses charged in conjunction with Violations of Environmental Statutes
An individual or corporation may be charged with violating environmental statutes along with violating other federal statutes.
What to Do When You Have Been Arrested
After an accused has been arrested for committing a crime, what happens next and what should he do next? Once an officer has taken the accused into custody, he is no longer free to walk away, and the arrest is complete. An arrest is only proper and legal if the officer has probable cause to believe that the accused committed an offense or was about to commit an offense. An arrest is also proper when it is being conducted pursuant to an arrest warrant. However, if the warrant is not valid, numerous other issues will be raised.
