Federal Criminal Law Flashcards
What are the penalties that may be imposed for a drug trafficking crime?
Fine/Imprisonment for not more than 20 years or both
What are the penalties that may be imposed pertaining to Title 18 U.S.C. 1028 for an act of domestic terrorism or international terrorism?
Fine/Imprisonment for not more than 30 years or both
What are the elements of Title 18 U.S.C. 641?
- Must know that the property was stolen, embezzled, or converted
- Not required to know property belongs to the U.S. or one of it’s departments or agencies
- Deals only with Government Property
What is theft in Title 18 U.S.C. 641?
Taking abandoned property is not a crime
Value of property greater than 1,000 is a felony
What is embezzlement in Title 18 U.S.C. 641?
Wrongful intentional taking of property of another by an individual to whom the property has been lawfully given by reason of some office, employment, or position of trust
What is conversion within Title 18 U.S.C. 641?
- Wrongfully depriving the U.S. or any department or agency thereof of property
- individual lawfully comes into possession of U.S. property and wrongfully converts it to his own use
What are the elements of of Receiving Stolen Property under Title 18 U.S.C. 641?
- Voluntarily, Intentionally, and Knowingly received
- Stolen property belonging to the U.S. or any department or agency thereof
- knowing that property had been stolen, embezzled, or converted
- with the intent to deprive the U.S. of the use or benefit of the property by using it for personal gain/purpose
What are the elements of conversion under Title 18 U.S.C. 641?
- Voluntary, intentionally, and knowingly
- converted property belonging to the U.S. or any other department or agency thereof
- with the intent to deprive the U.S. of the use or benefit of the property so taken
What are the elements of embezzlement on Title 18 U.S.C. 641?
- Voluntary, intentionally, and knowingly
- Embezzled property belonging to the U.S. or any other department or agency thereof
- with the intent to deprive the U.S. of the use or benefit of the property so taken
What are the elements of theft in Title 18 U.S.C 641?
- Voluntary, intentionally, and knowingly
- stolen property belonging to the U.S. or any other department or agency thereof
- with the intent to deprive the U.S. of the use or benefit of the property so taken
What do you need to charge someone with Title 18 U.S.C. 1028 when they produce an ID, authentication feature, or a false ID doc?
You have to knowingly and without lawful authority produce
What do you need to charge someone with Title 18 U.S.C. 1028 when they transfer an ID, authentication feature, or a false ID Doc?
That they knowingly knew the documents were that of such or feature was stolen or produced without lawful authority
How many documents do you need to charge someone with Title 18 U.S.C. 1028 knowingly possesses with intent to use unlawfully or transfer documents?
Five or more for a felony
Four or less for a misdemeanor
What do you need to charge someone with Title 18 U.S.C. 1028 when they use a document to defraud the govenment?
Knowingly possesses with the intent to use