SABT 5 B Arson Criminal Violations

Question 0

-Arson of organization receiving Federal financial assistance

Answer 0

-18 USC 844 (f)

Question 1

1 Illegal to maliciously damage or destroy, or attempt to damage or destroy, by means of fire, Property of US or of an institution or organization receiving Federal financial assistance

-NOT LESS THAN 5 YRS, IF INJURY = 7 YRS, DEATH= NOT LESS THAN 20YRS UP TO DEATH PENALTY

Answer 1

18 USC 844 f = Arson of Federal Property

• Fed property or receiving Fed money o
• real property (land or building)
• Personal Property (moveable)

Question 2

Business Property

• illegal to maliciously damage or destroy or destroy, by means of fire any property currently used in or intended to be used in interstate or foreign commerce,
• not less than 5 yrs; injury = 7 yrs, death = 20 yrs to death

Answer 2

18 USC 844 (i)

Arson of property used in interstate commerce

Question 3

-Illegal to use fire to commit any felony
-10 yrs mandatory, 2nd or subsequent count= 20 yrs
Using fire to commit other Federal Felonies i.e mail fraud

Answer 3

18 USC 844 (h) Use fire to commit other federal felonies ie. mail fraud

Question 4

-possession of a Molotov Cocktail
-illegal to make possess, or transfer a Molotov cocktail not registered in the National FA Registration and Transfer Record.
(if u throw can charge 924c and 844i)
–10yrs

Answer 4

26 USC 5861 (d) Possession of a Molotov cocktail

Question 5

-Illegal to use a Molotov cocktail, during and in relation to a Federal crime of violence or a Federal drug crime using a Molotov cocktail to commit Federal Arson crimes trafficking felony, not less than 30 yrs; can be the third strike, mandatory life

Answer 5

18 USC 924 (c) Using a Molotov cocktail to commit Federal arson crimes

Question 6

Arson committed by a Rico Enterprise

Answer 6

18 USC 1962 (c) Arson committed by a Rico Enterprise

Question 7

• Arson of religious Property
• Illegally to intentionally damage or destroy (attempt, threaten) by fire or explosives, religious real property in or affecting interstate/ foreign commerce, BC of the religious character of the property , 20 yrs with injury 40 yrs; with death, up to death penalty

Answer 7

18 USC 247 Arson of Religious Property

Question 8

• Receiving arson proceeds from insurance companies
• engaging in illegal Monetary Transaction
• Illegal to defraud interstate insurance company of more than $10,000 by arson or mail fraud =
• 10yrs

US V McAuliffe

Answer 8

18 USC 1957 Receiving Arson proceeds from insurance company

Question 9

• Civil Rights
• illegal for two or more persons to conspire to threaten or intimidate any person regarding the free exercise of any right (i.e fair housing) granted by the US Constitution or Federal statue

-10 yrs up to death

Answer 9

18 USC 241

Question 11

-forfeiture of arson proceeds

Proceeds (property or money) derived from arson or mail fraud are forfeitable to the Federal Government

Answer 11

18 USC 981 982

Question 12

-Mandatory restitution to victims of property destruction

Answer 12

18 USC 3663A

Question 13

2

inv a UC plays the role of a business person who hires a suspected torch to burn his business

Answer 13

reverse sting

Question 14

2B
A business person hires an ATF UC who plays the role of a professional torch to burn his business or a competitors business.

Answer 14

-Arson sting investigation

Question 15

2C
Illegal to solicit or endeavor to persuade a person to commit a Federal crime of violence
-one half the penalty of the intended crime; if the crime solicited is punishable by life or death up to 20yrs

Answer 15

373 Solicitation

Question 16

2D
Conspiracy to Commit Arson
Under Federal Law, to convict a person of conspiracy, evidence must show that there were two persons with the intent to commit a crime. This is called bilateral conspiracy as opposed to unilateral conspiracy seen in some state statutes. UC cannot be considered one of he two required to form a conspiracy. There must be two suspects involved

Answer 16

844(n) Conspiracy

Question 17

2E
Illegal to attempt to commit
-ATF must approve the suspect made a substantial step in trying to commit the arson. Evidence demonstrating this would be
a. Meeting with UC
B Admission demo his her motive
C Showing UC agent the property to be burned
D Setting date for the arson to occur
E Giving the UC agent a down payment
F Giving the UC agent a copy of an insurance contracts

Answer 17

844 (I) ATTEMPT

Question 18

3 ID examples of ________admissible at arson

-is when evidence is presented to a juror and he draws an inference that the suspect committed the arson.

Answer 18

-Circumstantial evidence

Question 19

3b ID examples of admissions and false statement of defendant, his knowledge that a fire was to occur,
-RULE 404b Federal Rule of Evidence (prior frauds, prior arsons, prior hostility towards victims, covering up other crimes.

Answer 19

-Defendant made several comments to others BF the fire of the business, or she state she disliked her business and she would burn it if she had the guts

Question 20

4 ID the legal methods of searching fire scenes additional to SW exigency, consent, inspection warrants

Answer 20

-

Question 21

Illegal to intentionally devise a scheme to defraud and use or cause the US mail or Any private or commercial interstate carrier to be used in furtherance of or in support of the scheme

-20 yrs, affecting financial institution= 30 yrs

Answer 21

18 USC 1341

Question 22

RICO Racketeered Influenced and Corrupt Organization
-Illegal for a gang in interstate commerce or the activities of which affect interstate commerce, to commit two felonies listed I.e arson, mail fraud = 20 yrs

Answer 22

18 USC 1961-1968

Question 23

Illegally to intentionally damage or destroy (attempt) by fire or explosives, religious real property bc of the race, color or ethic characteristic of any person associated with that religious property, penalty same as above.

Answer 23

18 USC 247 c

Question 24

Religious Real Property
-any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship

Answer 24

18 USC 247 f

Question 25

False statements

Answer 25

18 USC 1001

Question 26

Federal Rule of Evidence
=Evidence of other crimes, wrongs, or acts is admissible to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
1 Debts =most common motive for committing arson is to defraud an insurance company. An agent obtains via a grand jury subpoena the financial records of the suspect and transfer the records to an ATF auditor.
2 Previous arsons or bombing

Answer 26

Rule 404 b

Question 27

ATF can get records by

Answer 27

Subpoena from Grand Jury

Question 28

Defendant made several comments to others BF the fire of her business; she dislike her business; her desire to torch the business if she had the guts; it would not be long and she would not have to worry

Answer 28

Admissions

Question 29

Defendant lied to ATF agents on six occasions claiming he did not know the torch he hired to commit an arson of rental residential property
- Defendant lied to ATF on two occasion 1. that she had been in the loft of her business moments bf the fire 2. she was not experiencing financial problems

Answer 29

False Statements 18 USC 1001

Question 30

5 ID the law and ATF policy regarding the sharing of arson information with insurance companies; Privacy act of 1974 and the routine uses of ATF criminal case report Information

Answer 30

-