Menzer Law Firm, PLLC  
Criminal Law Newsletter
MARITIME JURISDICTION OF THE FEDERAL GOVERNMENT
 
In accordance with Article III of the United States Constitution, the federal government has jurisdiction over all admiralty and maritime cases. This means that the federal government has jurisdiction over all criminal offenses that are committed on the high seas, on any other waters within the jurisdiction of the United States, or on any vessel that belongs to the United States, to a United States citizen, or to a corporation, which vessel is located within the admiralty or maritime jurisdiction of the United States and not within the jurisdiction of a state. More...
 
Criminal Forfeitures
 
Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture. More...
 
DEADLY CONDUCT & TERRORISTIC THREATS
 
person commits the offense of deadly conduct when he or she recklessly engages in conduct that places another person in imminent danger of serious bodily injury. This offense is a firearm offense. Examples of this offense are discharging a firearm at or in the direction of another person, into an occupied vehicle, or in a residential area. The person does not need to believe that the firearm was loaded in order to be guilty of this offense. More...
 
Bankruptcy Fraud
 
Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence. More...
 
IDENTITY THEFT
 
A person commits the offense of identity theft when he or she wrongfully obtains and uses another person's personal data in a way that involves fraud or deception. A person usually obtains the other person's personal data for economic gain.More...
 
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