Unauthorized Access or Exceeding Authorization to a Computer

The Computer Fraud Abuse Act (CFAA) is codified as Title 18 U.S.C Section 1030(a), and it lists offenses for federally-prosecuted computer crimes, with the common charges being Unauthorized Access to a Computer and Exceeding Authorization to a Computer. The allegations of accessing a computer without authorization can contain different variations within the charges. These include: (1) with the intent to harm the United States or for the benefit of a foreign country; (2) to obtain protected financial or credit information; (3) with intent to defraud; (4) to intentionally damage a computer; and (5) accessing a computer that is exclusively for government use.

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Immigration Crimes

The United States Code contains several federal statutes concerning criminal offenses of “aliens” or “illegal aliens.” The most common ones known to the public are illegal re-entry (after deportation), which is found at Title 8 U.S.C. §1326, and alien smuggling, or “immigrant smuggling,” as it is sometimes called, at Title 8 U.S.C. §1324.

The federal statutes that criminalize activities towards aliens are found in and near §§1324 – 1327 of Title 8 of the U.S. Code. These cases are “federal cases,” and thus, are prosecuted by the United States Attorney’s Offices, and usually they are investigated by agents of the U.S. Customs and Border Protection, U.S. Border Patrol, U.S. Immigration and Customs Enforcement (“ICE”), and/or other areas of U.S. Homeland Security.

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Conspiracy

A conspiracy is defined as an agreement between two or more persons to commit an illegal act, with at least one conspirator attempting to commit an overt act that would further the object of conspiracy. The use of the conspiracy charge is much more common in federal court, as a lesser participant in a fraud scheme can be held criminally liable if there is less direct evidence of his/her involvement.Read More »Conspiracy