SABT 5 B Arson Criminal Violations Flashcards
-Arson of organization receiving Federal financial assistance
-18 USC 844 (f)
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
18 USC 844 f = Arson of Federal Property
- Fed property or receiving Fed money o
- real property (land or building)
- Personal Property (moveable)
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
18 USC 844 (i)
Arson of property used in interstate commerce
-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
18 USC 844 (h) Use fire to commit other federal felonies ie. mail fraud
-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
26 USC 5861 (d) Possession of a Molotov cocktail
-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
18 USC 924 (c) Using a Molotov cocktail to commit Federal arson crimes
Arson committed by a Rico Enterprise
18 USC 1962 (c) Arson committed by a Rico Enterprise
- 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
18 USC 247 Arson of Religious Property
- 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
18 USC 1957 Receiving Arson proceeds from insurance company
- 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
18 USC 241
-forfeiture of arson proceeds
Proceeds (property or money) derived from arson or mail fraud are forfeitable to the Federal Government
18 USC 981 982
-Mandatory restitution to victims of property destruction
18 USC 3663A
2
inv a UC plays the role of a business person who hires a suspected torch to burn his business
reverse sting
2B
A business person hires an ATF UC who plays the role of a professional torch to burn his business or a competitors business.
-Arson sting investigation
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
373 Solicitation
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
844(n) Conspiracy
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
844 (I) ATTEMPT
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.
-Circumstantial evidence
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.
-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
4 ID the legal methods of searching fire scenes additional to SW exigency, consent, inspection warrants
-
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
18 USC 1341
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
18 USC 1961-1968
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.
18 USC 247 c
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
18 USC 247 f
False statements
18 USC 1001
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
Rule 404 b
ATF can get records by
Subpoena from Grand Jury
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
Admissions
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
False Statements 18 USC 1001
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
-
