Federal Crimes
In the American criminal justice system, most prosecutions occur at the state level in municipal or county courts. The federal government exercises jurisdiction over criminal matters when the states lack jurisdiction, including areas specifically reserved to the federal government by the U.S. Constitution, and over criminal offenses that occur on federal property. Federal authorities may also prosecute certain crimes that, while normally handled by the states, become federal offenses by crossing from one state to another. In these types of cases, federal and state prosecutors may be able to pursue separate actions against a defendant, despite the Fifth Amendment’s protection against “double jeopardy.”
Federal Subject Matter Jurisdiction
Article I, Section 8 of the Constitution grants the federal government, through Congress, exclusive authority over certain issues, such as bankruptcy, immigration, patents, the Postal Service, and coining and regulating money. Federal courts therefore have the exclusive authority, known as “subject matter jurisdiction,” to consider criminal cases involving these matters, which might include fraud offenses relating to bankruptcy, mail fraud using the U.S. Mail, criminal immigration cases, and money counterfeiting.
Congress has constitutional authority over taxation under the Taxing and Spending Clause of Article I, Section 8 and the Sixteenth Amendment, which enables federal prosecutions for tax evasion and tax fraud. The Fourteenth Amendment gives the federal government jurisdiction over prosecutions for civil rights violations.
The Commerce Clause, also found in Article I, Section 8, gives Congress the authority “to regulate Commerce . . . among the several States.” This has been used as the basis for a substantial amount of legislation regarding criminal law, as discussed more below.
Crimes Committed on Federal Property
City, county, and state governments have direct authority over most areas of the country. Unless an alleged criminal offense falls under the federal government’s subject matter jurisdiction, state or local laws apply in most criminal matters, ranging from minor traffic offenses to serious felonies. The federal Criminal Code includes provisions for many offenses normally handled at the state level. These include violent offenses like assault, kidnapping, and homicide, as well as non-violent financial crimes.
These federal statutes apply to offenses that occur in areas owned or administered directly by the federal government, or under direct federal authority. This includes geographic locations like U.S. National Parks, federal courthouses, federal prisons, the District of Columbia, and Indian reservations. It also includes locations over which the federal government has temporary authority, such as airplanes in flight and ocean-going vessels at sea.
Crimes Committed Across State Lines
A vast array of federal statutes are based on Congress’ authority under the Commerce Clause, including laws regarding drugs and firearms. Many federal criminal statutes expressly limit their application to acts that affect interstate commerce or that cross state lines. The mail and wire fraud statutes give the federal government jurisdiction over many offenses that might otherwise fall under state authority.
Concurrent Jurisdiction
Federal and state law may overlap in some criminal cases, particularly if the federal statute relies on Commerce Clause powers. This is known as “concurrent jurisdiction,” and it can have serious consequences for some defendants. The Fifth Amendment to the U.S. Constitution protects any person from being “subject for the same offence to be twice put in jeopardy of life or limb.” Known as “double jeopardy,” this means that if the government fails to convict a person of an offense, it cannot prosecute the person again for the same offense. Because of concurrent jurisdiction, state and federal statutes are considered different “offenses,” meaning that if a person is acquitted of a federal charge, state prosecutors could still bring charges.
Federal crimes are typically considered more serious than the types of crimes charged in state courts. The reason for this is two-fold: the resources of the federal government in prosecuting the crimes far outweighs that of state prosecuting agencies and the sentencing guidelines in the federal system are much more severe than sentencing guidelines at the state level. Federal crimes are prosecuted by the United States Attorney's Office with the assistance of various federal and state agencies including the FBI, SEC, IRS, DEA, U.S. Postal Inspector and local law enforcement. This makes for a much more thorough and comprehensive investigation that the types of investigations conducted in state court. It is important that you retain an experienced federal criminal defense lawyer such as Maximillian A. Novel in order to defend against government prosecutions. Mr. Novel has successfully defended against federal prosecutions in New York and New Jersey including the Eastern District of New York, Southern District of New York and District of New Jersey. If you believe you are the target of a federal investigation do not wait until the feds come knocking at six in the morning to retain counsel. Hire Maximillian A. Novel immediately to protect your rights.
The federal crimes listed was compiled from Title 18 and Title 26 of the United States Code, among others. While this federal crimes list is extensive, it is not to be considered a complete list.
Abusive Sexual Contact
Advocating Overthrow of Government
Aggravated Assault/Battery
Aggravated Identity Theft
Aggravated Sexual Abuse
Aiming a Laser Pointer at an Aircraft
Airplane Hijacking
Anti-racketeering
Antitrust
Armed Robbery
Arson
Assassination
Assault with a Deadly Weapon
Assaulting or Killing Federal Officer
Assisting or Instigating Escape
Attempt to commit Murder/Manslaughter
Bank Burglary
Bankruptcy Fraud/Embezzlement
Bank Larceny
Bank Robbery
Blackmail
Bombing Matters
Bond Default
Breaking and/or Entering Carrier Facilities
Bribery Crimes
Certification of Checks (Fraud)
Child Abuse
Child Exploitation
Child Pornography
Civil Action to Restrain Harassment of a Victim or Witness
Coercion
Commodities Price Fixing
Computer Crime
Concealing Escaped Prisoner
Concealing Person from Arrest
Concealment of Assets
Conspiracy (in matters under FBI jurisdiction)
Conspiracy to Impede or Injure an Officer
Contempt of Court
Continuing Criminal Enterprise
Conveying False Information
Copyright Matters
Counterfeiting
Counterintelligence Crimes
Credit/Debit Card Fraud
Crime Aboard Aircraft
Crimes on Government Reservations
Crimes on Indian Reservations
Criminal Contempt of Court
Criminal Forfeiture
Criminal Infringement of a Copyright
Cyber Crimes
Damage to Religious Property
Delivery to Consignee
Demands Against the U.S.
Destruction of Aircraft or Motor Vehicles Used in Foreign Commerce
Destruction of an Energy Facility
Destruction of Property to Prevent Seizure
Destruction of Records in Federal Investigations and Bankruptcy
Destruction of Corporate Audit Records
Destruction of Veterans’ Memorials
Detention of Armed Vessel
Disclosure of Confidential Information
Domestic Security
Domestic Terrorism
Domestic Violence
Drive-by Shooting
Drug Abuse Violations
Drug Smuggling
Drug Trafficking
DUI/DWI on Federal Property
Economic Espionage
Election Law Crimes
Embezzlement
Embezzlement Against Estate
Entering Train to Commit Crime
Enlistment to Serve Against the U.S.
Environmental Scheme Crimes
Escaping Custody/Escaped Federal Prisoners
Examiner Performing Other Services
Exportation of Drugs
Extortion
Failure to Appear on Felony Offense
Failure to Pay Legal Child Support Obligations
False Bail
False Pretenses
False Statements Relating to Health Care Matters
Falsely Claiming Citizenship
False Declarations before Grand Jury or Court
False Entries in Records of Interstate Carriers
False Information and Hoaxes
False Statement to Obtain Unemployment Compensation
Federal Aviation Act
Federal Civil Rights Violations (hate crimes, police misconduct)
Female Genital Mutilation
Financial Transactions with Foreign Government
First Degree Murder
Flight to Avoid Prosecution or Giving Testimony
Forced Labor
Forcible Rape
Forgery
Fraud Activity in Connection with Electronic Mail
Fraud Against the Government
Genocide
Hacking Crimes
Harboring Terrorists
Harming Animals Used in Law Enforcement
Hate Crime Acts
Homicide
Hostage Taking
Hobbs Act
Identity Theft
Illegal Possession of Firearms
Immigration Offenses
Impersonator Making Arrest or Search
Importation of Drugs
Influencing Juror by Writing
Injuring Officer
Insider Trading Crimes
Insurance Fraud
Interference with the Operation of a Satellite
International Parental Kidnapping
International Terrorism
Interstate Domestic Violence
Interstate Violation of Protection Order
Larceny
Lobbying with Appropriated Moneys
Mailing Threatening Communications
Major Fraud Against the U.S.
Manslaughter
Medical/Health Care Fraud
Missile Systems Designed to Destroy Aircraft
Misuse of Passport
Misuse of Visas, Permits, or Other Documents
Molestation
Money Laundering
Motor Vehicle Theft
Murder by a Federal Prisoner
Murder Committed During Drug-related Drive-by shooting
Murder Committed in Federal Government Facility
Narcotics Violations
Obstructing Examination of Financial Institution
Obstruction of Court Orders
Obstruction of Federal audit
Obstruction of Justice
Obstruction of Criminal Investigations
Officer Failing to Make Reports
Partial Birth Abortion
Penalties for Neglect or Refusal to Answer Subpoena
Peonage
Perjury
Picketing or Parading
Pirating
Possession by Restricted Persons
Possession of False Papers to Defraud the U.S.
Possession of Narcotics
Possession of Child Pornography
Private Correspondence with Foreign Government
Probation Violation
Product Tampering
Prohibition of Illegal Gambling Businesses
Prostitution
Protection of Foreign Officials
Public Corruption Crimes
Racketeering
Radiological Dispersal Devices
Ransom Money
Rape
Receiving the Proceeds of Extortion
Recording or Listening to Grand or Petit Juries While Deliberating
Reentry of an Alien Removed on National Security Grounds
Registration of Certain Organizations
Reproduction of Citizenship Papers
Resistance to Extradition Agent
Rescue of Seized Property
Retaliating Against a Federal Judge by False Claim or Slander of Title
Retaliating Against a Witness, Victim, or an Informant
Robbery
Robberies and Burglaries Involving Controlled Substances
Sabotage
Sale of Citizenship Papers
Sale of Stolen Vehicles
Searches Without Warrant
Second Degree Murder
Serial Murders
Sexual Abuse
Sexual Abuse of a Minor
Sexual Assault
Sexual Battery
Sexual Conduct with a Minor
Sexual Exploitation
Sex Trafficking
Shoplifting
Smuggling
Solicitation to Commit a Crime of Violence
Stalking (In Violation of Restraining Order)
Stolen Property; Buying, Receiving, or Possessing
Subornation of Perjury
Suits Against Government Officials
Tampering with a Witness, Victim, or Informant
Tampering with Consumer Products
Tampering with Vessels
Theft of Trade Secrets
Torture
Trafficking in Counterfeit Goods or Services
Transmission of Wagering Information (Gambling)
Transportation into State Prohibiting Sale
Transportation of Slaves from U.S.
Transportation of Stolen Vehicles
Transportation of Terrorists
Trespassing
Treason
Unauthorized Removal of Classified Documents
Use of Fire or Explosives to Destroy Property
Use of Weapons of Mass Destruction
Vandalism
Video Voyeurism
Violation of Prohibitions Governing Atomic Weapons
Violence at International airports
Violent Crimes in Aid of Racketeering Activity
Willful Wrecking of a Train Resulting in Death
Wire Fraud
General Crimes:
Antiracketeering
Antitrust
Assassination, Kidnapping, or Assaulting the President, Vice-President, Presidential Staff Member, or Vice-Presidential Staff Member
Assassination, Kidnapping, or Assaulting a Member of Congress
Assassination, Kidnapping, or Assaulting an Executive Department Head or Director, CIA
Assassination, Kidnapping, or Assaulting a Supreme Court Justice
Assaulting or Killing a Federal Officer
Bank Burglary
Bank Fraud and Embezzlement
Bank Larceny
Bank Robbery
Bombing Matters
Bond Default
Bribery
Civil Rights
Congressional Assassination Statute
Conspiracy (in matters under FBI jurisdiction)
Conspiracy to Impede or Injure an Officer
Contempt of Court
Copyright Matters
Credit and/or Debt Card and Related Fraud
Crime Aboard Aircraft
Crimes on Government Reservations
Crimes on Indian Reservations
Crimes within the Maritime Jurisdiction
Destruction of Aircraft or Motor Vehicles Used in Interstate or Foreign Commerce
Domestic Security
Election Laws
Employee Retirement Income Security Act
Escaped Federal Prisoners, Escape and Rescue
Espionage
Ethics in Government Act of 1978
Extortion
Extortionate Credit Transactions
Falsely Claiming Citizenship
False Entries in Records of Interstate Carriers
Federal Aviation Act
Federal Housing Administration Matters
Federal Regulation of Lobbying Act
Federal Tort Claims Act
Federal Train Wreck Statute
Foreign Agents Registration Act
Fraud Against the Government
Fraud by Wire
Fraudulent Practices Concerning Certain Military and Naval Documents and Seals of Department or Agencies of theUnited States
Government Property - Theft, Robbery, Embezzlement, Illegal Possession, and Destruction
Harboring
Hobbs Act
Illegal Gambling Business
Illegal Manufacture, Use, Possession, or Sale of Emblems and Insignia
Illegal Use of Government Transportation Requests
Illegal Wearing of the Uniform and Related Statutes
Impersonation
Interception of Communications
Interference with Discrimination in Housing, Civil Rights Act of 1964, and federally protected activities
Interstate Gambling Activities
Interstate Obscene or Harassing Telephone Calls
Interstate Transportation in Aid of Racketeering
Interstate Transportation of Gambling Devices
Interstate Transportation of Lottery Tickets
Interstate Transportation of Obscene Matter
Interstate Transportation of Prison-made Goods
Interstate Transportation of Stolen Cattle
Interstate Transportation of Stolen Motor Vehicle or Aircraft
Interstate Transportation of Stolen Property
Interstate Transmission of Wagering Information
Interstate Transportation of Wagering Paraphernalia
Involuntary Servitude and Slavery
Irregularities in Federal Penal Institutions
Kickback Racket Act
Kidnapping
Labor Management Relations Act, 1974
Mann Act
Migratory Bird Act
Narcotics Violations
National Bankruptcy Act
Obstruction of Justice
Perjury
Protection of Foreign Officials
Racketeer Influenced and Corrupt Organizations
Railway Labor Act
Sabotage
Security Matters
Selective Service Matters
Sexual Exploitation of Children
Sports Bribery
Theft from Interstate Shipment
Unlawful Flight to Avoid Prosecution, Custody, Confinement, and Giving testimony
Veterans Administration Matters
Accounting Matters and Civil Cases:
Admiralty Matters
Alien Property Custodian Matters
Ascertaining Financial Ability to Pay Claims, Fines, and Judgments
Civil Rights Act of 1964, public accommodations, public education, public facilities, employment (involving only governmental agencies, state, county, municipal, and in the private sector only where the employee is under contract to the United States), discrimination in housing
Contract Settlement Act
Federal Reserve Act
Federal Tort Claims Act
Mail Fraud (accounting phases)
National Bankruptcy Act
Real Estate Settlement Procedures Act of 1974
False Claims (civil)