Federal

What is 18 USC Section 1028a?

Basically, 18 USC Section 1028A acts as an enhancement for federal defendants convicted of certain federal crimes listed in subsection "c" of Section 1028A. Aggravated identity theft provides for an extra mandatory consecutive sentence to any sentence imposed upon the underlying crime for a defendant who knowingly possessed, transferred, or used another person’s identification

To Be Found Guilty of Federal Aggravated Identity Theft The Prosecution Must Prove

The prosecutor must prove beyond a reasonable doubt the following elements to convict the defendant of federal aggravated identity theft:

• Defendant knowingly possessed, transferred, or used another person’s identification documents or means of identification
• Defendant did so without lawful authority
• Defendant did so during and in relation to the eligible felony alleged in the indictment.

"Means of Identification" For Federal Aggravated Identity Theft

Means of identification is any name or number used, alone or together with any other information, to identify a person, including a name, date of birth, social security number, driver’s license or identification number, passport number, alien registration number, the taxpayer or employer identification number, routing code or electronic identification number.

Conspiracy to Commit Federal Aggravated Identity Theft

The defendant may face criminal charges when the identity theft has not even occurred as the attempted identity theft carries the same penalties as the theft. Authorities treat conspiracy to commit identity theft in a similar way. Helping someone commit identity theft can also be considered a crime. Authorities can classify the unlawful actions as a crime, even if the defendant did not gain any financial benefit from using someone else's information.

What are The Penalties for 18 U.S Code 1028a Aggravated Identity Theft Conviction?

The penalties for a 18 U.S Code 1028a Aggravated Identity Theft Conviction including the following: In addition to any punishment, the judge imposes for the underlying federal crime the defendant faces a minimum mandatory sentence of two years imprisonment for aggravated identity theft.

• Terrorism-Related Sentencing

In case the underlying felony is related to terrorist activity the minimum mandatory sentence for aggravated identity theft increases from two years to five years imprisonment.

Additional Consequences and Mitigating Circumstances

It is important to understand that a conviction for Aggravated Identity Theft is not subject to:

• Probation
• Early release
• Consolidation with another sentence

This means that the two years will be served after the base sentence, regardless of the circumstances. In addition, prior convictions for similar crimes may affect the sentence enhancement. The court may also consider:

• The extent of harm to the victim
• The size of the scheme
• The number of identities used
• The organizational level of the defendant's actions

Alternative Defense Strategies

Lawyers can build a defense based on lack of intent: if the defendant didn't know he or she was using someone else's identity. Or believed he or she had permission. The fact that there was a means of identification can also be challenged. In cases where the prosecution has not proven that the data used actually identifies a specific person.

Federal Investigative Agencies

Cases under 18 U.S. Code § 1028A are often investigated by the FBI, U.S. Secret Service, and immigration authorities, especially if the case involves international schemes, visas, or citizenship documents. If you are facing such charges, it is critical that you contact an experienced federal criminal defense attorney as soon as possible.

Federal Aggravated Identity Theft Defense Attorney

If you or a loved one is charged with federal aggravated identity theft, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.

Elements of California PC 591

PC 591 states that, prosecutor must establish the following elements to prove that the defendant is guilty of this damaging phone, electrical or utility lines under PC Section 591:

• Defendant illegally and maliciously took down, damaged, removed or obstructed a telephone, cable television or electrical line or mechanical equipment connected to the line, or
• Defendant illegally and maliciously severed a telephone, cable television or electrical line or
• Defendant illegally and maliciously made an unauthorized connection with a line used to conduct mechanical equipment or electricity connected to the line

The defendant can also be charged with criminal obstructing or cutting electrical or telephone lines as a result of illegally making an unlawful connection with an electrical line.

Acting Maliciously

For the purposes of PC Section 591, acting maliciously means that defendant had the intention to injure another one or do an unlawful act while accessing the electrical, phone, or cable lines.

Legal defenses for California Penal Code Section 591 Charges

• Accident

An accident is the most common defense for these cases. In order to be successfully convicted of a violation of Penal code Section 591, the defendant must have acted willfully. If the incident was an accident then the defendant not act deliberately then he did not commit a crime.

Penalties for Violating California Penal Code Section 591

In California law illegally and maliciously injuring electrical, cable or telephone lines is a wobbler and can be charged as either a misdemeanor or a felony depending on the case facts and the defendant's criminal history. The prosecutor will also take into account the extent of damage and the reason for the defendant’s actions.

Penalties for a Misdemeanor Conviction of PC 591 Are the Following:

• Up to one year in a county jail
• A fine of up to 1,000
• Misdemeanor (summary) probation

Penalties for a Felony Conviction of PC 591 Are the Following:

• Felony (formal) probation;
• Sixteen months, two or three years in a county jail under California's realignment program;
• A fine of up to $10,000.

Additional consequences can include possible civil suits from the victims. Thus the defendant can face additional financial liability if he or she is in a civil case for punitive damages for covering the cost of repairs.

Crimes Related to California PC 591

• California Penal Code Section 594: Vandalism
• California Penal Code Section 243(e) (1): Domestic Violence
• California Penal Code Section 459: Burglary

Contact Us

Facing these types of charges can have serious consequences, including potential jail time, fines, fees, and or potentially having a criminal record. It is important to seek legal consultation or speak with an attorney right away. Our office can provide a  service or can help investigate the case, negotiate with prosecution, or even represent you in court if needed. Checking the facts is the first thing we want to establish, then we would like help develop a defense strategy when applicable. Pena Code 591 isn't Capital Punishment, but still serious nonetheless. We warn all readers and anyone in the community to avoid any acts of harm or commit property damage. At KAASS LAW,  we have the experience in helping individuals  that are facing criminal charges, including destruction or damages of essential infrastructure. We understand how complex Penal Code 591 is and commit  to providing our clients with the high quality legal representation. If you are dealing with these charges under this statue, contact us today for a consultation that will be confidential. We will  be happy to review your case, explain your options and provide a defense strategy if necessary. Allow us to try to help you protect your rights. Don't face these serious charges alone alone. Let our litigating team help you.

Trafficking in Counterfeit Goods or Services 18 USC Section 2320

According to Trafficking in Counterfeit Goods or Services law 18 USC Section 2320, you cannot knowingly and willfully perform, attempt, or conspire to perform any of acts listed below.

• traffic in goods or services and knowingly and willfully use a counterfeit mark on or in connection with such goods or services;
• traffic in stickers, labels, badges, wrappers, emblems, medallions, charms, boxes, containers, cans, hangtags, documentation, cases, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake
• traffic in goods or services knowing that product is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause death or serious bodily injury, impairment of combat operations, the disclosure of classified information or other significant harm to a combat operation, a member of the Armed Forces, or to national security
• traffic in a counterfeit drug.

Elements of Crimes Involved With Trafficking in Counterfeit Goods or Services

The the government must prove the following elements beyond a reasonable doubt for convicting the defendant of federal counterfeiting:

• Defendant trafficked, attempted to traffic, or conspired to traffic in services, goods or drugs;
• Defendant counterfeit the goods, services or drugs from those lawfully created by the trademark owner of these goods, services, or drugs;
• Defendant was aware the goods, services or drugs were counterfeit
• Defendant intended for the goods, services, or l drugs to illegally pass as original, and be distributed as such.

Defenses to Federal Counterfeiting Charges

• The product was not counterfeit

In case the good, service, or drug was original and the attached trademark was genuine but was repackaged or altered after it was bought or distributed from the manufacturer, the defendant can’t be found guilty under 18 USC Section 2320.

• The defendant didn’t know that the product was counterfeit

This can be a valid defense in case the defendant can prove that he had a reasonable belief that the good, service or drug that he was selling was genuine.

Penalties for Trafficking in Goods and Services Under 18 USC Section 2320

• Up to ten years in federal prison
• A fine of up to $2 million

In case the defendant caused serious bodily injury he will face:

• Up to twenty years in federal prison
• A fine of up to $5 million

For second or subsequent offense for federal counterfeiting the defendant will face:

• Up to twenty years in federal prison
• A fine of up to $5 million

In case the defendant’s action caused another person’s death he will face:

• From 25 years to life in federal prison.

In case the defendant is convicted of counterfeiting drugs or military goods or services he will face:

• Up to twenty years in federal prison
• A fine of up to $5 million.

For the second or subsequent crime of counterfeiting drugs or military goods or services he will face:

• Up to thirty years in federal prison
• A fine of up to $15 million.

Contact Us

At KAASS LAW, we have extensive experience in handling cases involving intellectual property rights and federal criminal charges, including those related to counterfeit goods. We understand the complexities of 18 USC Section 2320 and commit to providing our clients with the highest quality legal representation. If you are facing allegations of trafficking in counterfeit goods, contact us today for a confidential consultation. Additionally, we offer consultation for anyone being accused of counterfeiting a prescription blank. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and your future. Don't face these serious charges alone. Let the experienced attorneys at KAASS LAW fight for you. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]  

Elements of Crime Under US Code Section 286

The prosecution must establish the following element to convict the defendant under US Code Section 286.

• Defendant engaged in a conspiracy to get payment from a claim presented to a department or agency of the US for property or money.
• The presented claim was false, fictitious, or fraudulent.
• The defendant knew that the presented claim was false, fictitious, or fraudulent.

There can also be two additional elements, depending on the district:

• Defendant knew about the conspiracy.
• The defendant joined the conspiracy of his free will.

Elements of Crime Under Us Code Section 287

The prosecution must establish the following element to convict the defendant under the US Code, Section 287.

• Defendant made or presented a claim to a department or agency of the US for money or property
• The presented claim was false, fictitious, or fraudulent
• Defendant knew that the presented claim was false, fictitious, or fraudulent.
• The defendant did so with the intent to violate the law or with the awareness that what he was doing was wrong.

What Are False, Fictitious, or Fraudulent Claims?

False - means illegal and deliberately untrue. Presenting a false claim is having the intention to perpetrate a betrayal of trust or fraud. Fictitious - means not real, feigned, or pretended. Fraudulent- means made, done, or affected with the intention to carry out a fraud.

Claim Against the Us

Examples of claims against the US include, but are not limited to:

• Presenting untrue refund check to a financial institution for payment
• Presenting false tax return seeking a refund
• Cashing or depositing refund checks to which the person was not given to.

Presentation of a claim against the government must be more than an intention to make a claim; it must be presented physically and actually, and thereby made to the government. The defendant can be convicted for only presenting the false claim and it is not necessary that the government pay or otherwise fulfill the fraudulent claim. Moreover, the claim doesn’t have to be presented directly to the government, it can be presented to an intermediary authorized to accept the claim on behalf of the government, such as a tax return preparer, as long as the defendant is aware that the claim will we be presented to the government.

Defenses 18 US Code Section 286 and 287 Charges

• The defendant didn’t have the intent to defraud.

Actually the process of making a claim against the government can be very confusing, and claimants can sometimes make honest mistakes. In case the prosecution can’t prove beyond a reasonable doubt that the defendant made the false claim knowingly and intentionally he cannot be criminally liable for this crime.

• There was no false claim.

In case the defendant can show that his claim was true and correct, then the charges can fall into dismissal.

Penalties for Violation 18 US Code Section 286 and 287

Section 286: Conspiracy to defraud the Government with respect to claims.

• Up to 10 years in Federal Prison
• A fine.

Section 287: False, fictitious or fraudulent claims.

• Up to 5 years in Federal Prison
• A fine.

Contact Us

At KAASS LAW, we have extensive experience in representing businesses in matters involving false claim allegations. We understand the complexities of these cases and commit to protecting our clients' interests. If you are facing such accusations, contact us today for a confidential consultation. Also, we offer guidance on how to deal with Notary Fraud, so please don't hesitate on seeking legal guidance! We will review your case, explain your options, and develop a strategy to minimize the impact on your business and your rights. Don't wait until it's too late and protect your business by seeking experienced legal counsel now from our team!

Examples of Illegal Remuneration:

Illegal remuneration includes anything of value and can take many forms besides cash, such as:

• Expensive hotel stays and meals free rent
• Compensation for medical consultancies or directorships.
• Bribes
• Rebate
• Gifts
• Below market rent or lease agreements
• Discounts
• Services or equipment provided at below the market price

Safe Harbor

There are safe harbor regulations that protect certain payment and business practices that could otherwise implicate the Anti-Kickback Statute from criminal and civil prosecution. The safe harbor regulations put definitions of these practices to make them lawful for medical providers. The regulations must be exactly met with no exceptions to qualify for safe harbor protection.

Some Examples of Safe Harbor Regulations:

• Certain discounts and price reductions
• Employment relationships
• Fair market value compensation
• Group purchasing arrangements and organizations
• In-office ancillary services
• Incidental benefits
• Isolated transactions
• Non-monetary compensation
• Personal service arrangements
• Physician services

Kickbacks in Health Care Can Lead To:

• Overutilization
• Increased program costs
• Corruption of medical decision making
• Patient steering
• Unfair competition

Penalty

The Anti-Kickback Statute is a criminal statute and it provides both civil and criminal penalties for violations. The criminal penalties are the following:

• A fine of up to $25,000
• Five years in federal prison

Additionally, the Office of the Inspector General for the Department of Health and Human Services can pursue:

• False Claims Act liability
• Civil penalties of up to $50,000 for a violation
• Three times the amount of any government overpayment.

Sometimes penalties for Anti-Kickback violations also include a period of debarment or exclusion from participation in Medicaid, Medicare, and all other federal programs which provide health benefits.

Differences Between the Anti-Kickback Statute and the Stark Law

Anti-Kickback Statute and the Stark Law are the two main federal statutes that deal with remuneration related to improper referrals. Though the two laws are similar, there are several differences between the Stark Law and the Anti-Kickback Statute.

• Anti-Kickback Statute includes both criminal and civil penalties when the Stark Law is exclusively a civil enforcement statute.
• Anti-Kickback Statute applies to Medicare and any other federal healthcare program when the Stark Law applies only to Designate Health Services paid for by Medicare.
• Anti-Kickback Statute applies to any referral source when a violation of the Stark Law involves a relationship between and an entity and a physician.
• For violating the Anti-Kickback Statute the element of intent must be present when the Stark Law is a strict liability statute.

The Importance of Compliance and Legal Counsel:

Given the complexity and severity of the AKS, healthcare providers must prioritize compliance. This includes:

• Developing and Implementing Compliance Programs: Establishing internal policies and procedures to ensure adherence to the AKS and other healthcare regulations.
• Conducting Regular Audits: Reviewing existing arrangements to identify potential AKS risks and address any compliance gaps.
• Seeking Legal Counsel: Consulting with experienced healthcare attorneys to analyze proposed arrangements and ensure they comply with the AKS.

Contact Us

At KAASS LAW, we understand AKS and its implications for healthcare providers. We can assist you with:

• Analyzing existing arrangements: Reviewing your current business relationships to identify potential AKS risks.
• Structuring new arrangements: Advising you on how to structure new ventures and agreements to comply with the AKS.
• Developing compliance programs: Helping you create and implement effective compliance programs to minimize your risk of AKS violations.
• Defending against AKS allegations: Providing aggressive and experienced representation if you are facing allegations of AKS violations.

Navigating the complexities of the AKS requires careful planning and expert legal guidance. Don't wait until you are facing an investigation or enforcement action.

Additionally, we also can help victims from Federal Health Care Fraud as well.

Contact KAASS LAW today for a confidential consultation to discuss your compliance needs and protect your practice.

Elements of Federal Drug Trafficking Crimes Under US Code 21 Section 841

The prosecution must prove beyond a reasonable doubt the following elements to convict the defendant of federal drug trafficking:

• The defendant had the specific intent to traffic drugs.
• The defendant had knowledge that he was transporting drugs

Counterfeit Substance

A counterfeit substance is a controlled substance that has the container or labeling of any trademark, identifying mark, trade name, number, imprint, device, or any likeness thereof, of a manufacturer, dispenser, or distributor or without authorization.

Federal Drug Crime Charges

The defendant is likely to be charged with a federal drug crime charges in case the criminal activity:

• Happened on federal property
• Involved importing drugs into the US or crossed state lines
• Was related to a continuing criminal enterprise or an organized crime
• Involved the sale of a large amount of drug
• Involved transporting drugs through mail couriers such as FedEx, USPS, and UPS.

Simple Possession and Possession With the Intent to Distribute

Small amounts of drugs can be considered to be for personal use, and are often handled by local and state officials. But, in case the defendant is involved with larger amounts of drugs with the intent to distribute, his case is more likely to be handled by federal authorities.

Penalties for Federal Drug Trafficking

The judge considers the following factors when determining the defendant’s sentence:

• Defendant’s criminal history
• The type of drugs
• The quantity of drugs
• Whether or not the drug caused death or serious bodily injury to another person

According to the Controlled Substance Act (CSA), controlled substances are divided into five schedules based on their perceived abuse potential, safety concerns, and medical utility. Drugs listed in Schedule I have the highest potential for abuse. The defendant can face a 10-year minimum sentence for manufacture or possession with the intent to distribute the following drugs:

• 1 kg or more of heroin
• 5 kg or more of cocaine
• 280 g or more of crack
• 50 g or more of pure methamphetamines (500 g of meth mixture).
• 10 g or more of LSD
• 100 g or more of pure PCP
• 1000 kg or more of marijuana;

The defendant can face up to 20 years in federal prison for a second offense, and a life sentence for a third offense. In case someone suffered great bodily injury or died as a result of the crime the penalties can double from a minimum of 20 years to a life sentence for a subsequent offense.

Penalties for Smaller Amounts of Drugs

The defendant will also face a mandatory minimum sentence of 5 years in federal prison for smaller amounts of drugs.

• 100 g or more of heroin
• 28 g or more of crack
• 100 kg or more of marijuana
• 5 g or more of pure methamphetamines (50 g of meth mixture)
• 500 g or more of cocaine
• 10 g or more of pure PCP
• 1 g or more of LSD

Penalty Enhancement for Federal Drug Trafficking

The defendant will face harsher penalties in case he carried a firearm during a drug trafficking crime, was trafficking drugs near a federal facility or school, or used a minor under the age of 18 in drug operations.

Contact Us

At KAASS LAW, we have an experienced office in defending individuals against federal drug trafficking charges. We understand the complexities of federal law and are committed to providing our clients with the highest quality legal representation. If you are facing federal drug trafficking accusations, contact us today for a confidential consultation. Additionally, if you received any trouble from drugs hidden in a false compartment, we can also help! We will review your case, explain your options, and provide legal options in protecting your rights and your future. Don't face these serious charges alone. Let KAASS LAW fight for you. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]  

18 U.S.C. § 642 Tools and materials for counterfeiting purposes

Under 18 U.S.C. § 642 it is prohibited to embezzle tools, printing devices, stamps, or other implements used to create currency notes, federal bonds, certificates, postage stamps, coupons, or other item authorized to be put into circulation by the federal government.

Penalties for 18 U.S.C. § 642 Offenses:

• Up to ten years in federal prison
• A fine of up to $250,000

18 U.S.C. § 643 Accounting Generally for Public Money

Under 18 U.S.C. § 643 it is prohibited to embezzle public money by federal officers, agents or employees.

Penalties for 18 U.S.C. § 643 Offenses:

In case the 18 U.S.C. § 643 offense involves $1,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000 or a sum equal to the amount embezzled

In case the 18 U.S.C. § 643 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 644 Receiving Unauthorized Deposit of Public Money

18 U.S.C. § 644 applies to embezzlement by a person who receives and keeps public funds that don’t belong to him.

Penalties for 18 U.S.C. § 644 Offenses:

In case the 18 U.S.C. § 644 offense involves $1,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000 or a sum equal to the amount embezzled

In case the 18 U.S.C. § 644 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 648 and 649 Custodians Misusing Public Funds

Under 18 U.S.C. § 648 and 649, it is prohibited to embezzle either by keeping or failing to promptly deposit federal money by any person charged with the safekeeping of federal money.

Penalties for 18 U.S.C. § 648 and 649 Offenses:

In case the 18 U.S.C. § §648 and 649 offense involves $1,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000 or an up to the amount embezzled

In case the 18 U.S.C. § §648 and 649 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 650 Depositaries Failing to Safeguard Deposits

18 U.S.C. § 650 addresses the embezzlement by the United States Treasurer, an employee of the treasury, or any other public federal depository.

Penalties for 18 U.S.C. § 650 Offenses:

In case the 18 U.S.C. § 650 offense involves $1,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000 or an up to the amount embezzled

In case the 18 U.S.C. § 650 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 653 Disbursing Officer

18 U.S.C. § 653 addresses embezzlement by any federal officer or employee who is charged with disbursing public money.

Penalties for 18 U.S.C. § 653 Offenses:

In case the 18 U.S.C. § 653 offense involves $1,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000 or a up to the amount embezzled

In case the 18 U.S.C. § 653 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 655 Theft by a Bank Examiner

This section addresses embezzlement by federal public bank examiners and assistant examiners when the money embezzled is taken from a banking institution which is a member of the Federal Reserve System, insured by the Federal Deposit Insurance Corporation, is an agency or branch of a foreign bank.

Penalties for 18 U.S.C. § 655 Offenses:

In case the 18 U.S.C. § 655 offense involves $1,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000 or an up to the amount embezzled

In case the 18 U.S.C. § 655 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 657 Embezzlement by Employees of a Bank, Credit, Lending, or Insurance Institution

This section prohibits embezzlement by an employee of any banking credit, lending, or insurance institution the Federal Reserve Act, or by a Federal Reserve employee.

Penalties for 18 U.S.C. § 657 Offenses:

In case the 18 U.S.C. § 657 offense involves $1,000 or more:

• Up to thirty years in federal prison
• A fine of up to $1,000,000

In case the 18 U.S.C. § 657 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 658 Property Mortgaged or Pledged to Farm Credit Agencies

Under 18 U.S.C. § 658 it is prohibited to embezzle property or money pledged to or held by a farm credit agency as security for a farm loan.

Penalties 18 U.S.C. § 658:

In case the 18 U.S.C. § 658 offense involves $1,000 or more:

• Up to five years in federal prison
• A fine of up to $250,000

In case the 18 U.S.C. § 658 offense involves $1,000 or less:

• Up to one year in jail
• A fine of up to $100,000

18 U.S.C. § 663 Solicitation or Use of Gifts

According to this Section, it is prohibited to solicit a gift of money or other property on behalf of the United States Federal government or one of its agencies with the intent to keep that gift or to embezzle donated property or money.

Penalties for 18 U.S.C. § 663 Offenses:

• Up to five years in federal prison
• A fine of up to $250,000

18 U.S.C. § 664 Embezzlement From an Employee Benefit Plan

Embezzling from any employee benefit plan.

Penalties for 18 U.S.C. § 664 Offenses:

• Up to five years in federal prison
• A fine of up to $250,000

18 U.S.C. § 666 Theft or Bribery Concerning Programs Receiving Federal Funds:

This section defines embezzlement by employees of organizations receiving $10,000 or more in federal grants, subsidies, contracts, guarantees, loans insurance, or other forms of federal assistance in one year period.

Penalties for 18 U.S.C. § 666 Offenses:

In case the offense involves $5,000 or more:

• Up to ten years in federal prison
• A fine of up to $250,000

18 U.S.C. § 667 Theft of Livestock

This section defined the embezzlement of money, livestock, or any other property worth $10,000 or more, which is connected with marketing or selling livestock in foreign or interstate commerce. Penalties for 18 U.S.C. § 667 Offenses:

• Up to five years in federal prison
• A fine of up to $250,000

18 U.S.C. § 668 Theft of Major Artwork

According to 18 U.S.C. § 668, it is prohibited to obtain or steal by fraud artwork or other items from a museum when the art is worth at least $5,000 and is over one hundred years old or worth at least $100,000.

Penalties for 18 U.S.C. § 668 Offenses:

• Up to ten years in federal prison
• A fine of up to $250,000

Contact Us

If you are facing federal embezzlement charges or believe you have been the victim of embezzlement, contact KAASS LAW today for a consultation. Additionally, we can also help anyone regarding Federal Bribery Laws as well. We are here to protect your rights and help you navigate the complexities of federal law. Don't face these challenges alone – let our experienced legal team fight for you.

• Plaintiff was employed by the defendant
• Defendant was engaged in interstate commerce.
• Plaintiff’s job duties furthered, or in any way substantially affected, interstate commerce. (Interstate commerce is a commercial activity, which crosses more than one state or country, such as the movement of goods from one state to another.)
• Plaintiff was acting within the scope of his employment at the time of the incident
• Defendant was negligent
• Plaintiff injury
• Defendant’s negligence was a cause of the defendant’s harm or death

To prove that a breached its duty the plaintiff must prove the circumstances which a reasonable person would foresee as creating a potential for harm and that this breach played any part, even the slightest, in producing the injury or harm to the plaintiff.

Scope of FELA: Coverage?

FELA's protection extends to a wide range of workers who are in interstate commerce. This includes employees who:

• Work for companies that operate across state lines: This could include transportation companies, trucking companies, shipping companies, and other businesses involved in the movement of goods or people across state borders.
• Are involved in the maintenance or repair of equipment used in interstate commerce: This could include mechanics, technicians, and other workers who maintain vehicles, machinery, or infrastructure used for interstate transportation or communication.
• Handle goods or materials that travel across state lines: This could include warehouse workers, distribution center employees, and others who handle products that are shipped or transported across state borders.
• Whose work activities have a direct impact on interstate commerce: This could include a broad range of employees whose work, even if not directly involved in transportation, affects the flow of goods or services across state lines.

Statute of Limitations for Filing a Claim Under FELA

Workers must file a claim under FELA within a three-year period. In case the worker fails to initiate the claim before the mentioned deadline, there will be a case dismissal under federal law.

Compensation to Injured Workers

FELA allows injured workers to get full compensation for caused damages. This is one of the main differences between standard workers’ compensation claims and FELA claims. Workers are not at limit to seeking compensation for a part of lost wages and medical benefits. Workers with an injury have the right to compensate for their noneconomic losses, including pain and suffering. Federal Employers Liability Act covers injuries due to asbestos exposure, as well as cumulative trauma injuries and repetitive stress.

KAASS LAW: Protecting Workers' Rights

FELA cases can be complex and challenging, often involving intricate legal arguments and extensive evidence. At KAASS LAW, our attorneys have a deep understanding of FELA.

We can help you:

• Investigate your case: We'll thoroughly investigate the circumstances of your injury, gather evidence, and consult with experts to determine if you have a valid FELA claim.
• Establish negligence: We'll work to prove that your employer's negligence contributed to your injury, overcoming any defenses they may raise.
• Calculate your damages: We'll accurately assess your damages, including lost wages, medical expenses, and pain and suffering, to ensure you receive the full compensation you deserve.
• Negotiate with the employer: We'll skillfully negotiate with the employer and their insurance carriers to reach a fair settlement.
• Litigate your case: If necessary, we'll take your case to trial and fight aggressively to protect your rights and secure a favorable outcome.

Injured on the Job? We're Here to Help

If you're a worker with an injured on the job and believe your employer's negligence, give us a call. We'll listen to your story, answer your questions, and explain your legal options under FELA. We dedicate in helping workers to get the justice and compensation they deserve.

Additionally, FELA cases have played an important role in establishing the precedent for many tort law issues. For instance, such as damages allocation and standards for employee safety and working conditions. Are you in need of additional information? Our employment law attorney at KAASS LAW would be happy to help. Get in touch with us now at (310) 943-1171 now!

Business debts are not covered under the Fair Debt Collection Practices Act.

According to the FDCPA Can a Debt Collector Legally Contact a Person’s Employer?

Debt collectors are allowed to contact the employer in the following cases:

• In case the person or his legal representative agreed in writing that the debt collector can contact his employer
• For verifying the employment
• To find out person’s location information
• To garnish person’s wages (but only after the debt collector sued him/her and the court entered a judgment against him)
• To find out whether the person has a medical insurance
• The person’s parents or guardian in case he/she is under 18
• The person’s attorney
• Credit reporting companies, if allowed by law

А debt collector is not allowed to contact person’s family members, neighbors, or other people about his debt unless:

• To find out person’s location information;
• A debt collector is acting with a court permit
• It is reasonably necessary to effectuate the court judgment
• The person or his/her legal representative agreed in writing that the debt collector can contact other people.

Disputing a Debt & Debt Collector

In case the debt collector contacts a person about his/her debt that he/she doesn’t owe, it is important to respond in writing to dispute the debt as soon as possible. In case the person fails to respond, the debt collector will keep trying to collect the debt and can even sue him/her. A debt collector first contacts the person within five days and then he/she must send him/her a "validation notice," which contains the following information:

• The amount it supposed the person owes
• The creditor’s name
• How to dispute the debt in writing.

A person must dispute the debt in writing within thirty days of when the debt collector first contacted him/her. In this case the debt collector must stop trying to collect the debt until it can show the person verification of the debt. A person must dispute a debt in writing in case:

• He/she doesn’t owe the debt
• He/she already paid the debt
• He/she wants more information about the debt
• He/she wants the debt collector to stop contacting him/her

What Are Debt Collectors Not Allowed to Do According to FDCPA?

According to the FDCPA, debt collectors are not legally allowed to harass a person, such as:

• Threaten him/her with harm or violence
• Use offensive or disrespectful language
• Use a phone to purposely annoy the person by continuously

Debt collectors cannot legally lie to a person, such as:

• Misrepresent him the amount of the debt he owes
• Misleadingly claim the person will be arrested
• Misleadingly claim that the legal action will be against him

Debt collectors are not legally cannot engage in unfair practices, such as:

• Try to collect fees, interest or other charges unless state law or the contract allows it
• Take or threaten to take the person’s property unless it can legally
• Deposit a post-dated check early

How KAASS Law Can Help

If you believe a debt collector has violated the FDCPA, KAASS Law can help you:

• Understand Your Rights: We'll explain your rights under the FDCPA and assess whether your rights have been violated.
• Gather Evidence: We'll help you gather evidence of the debt collector's violations, such as call logs, letters, and voicemails.
• Negotiate with Collectors: We'll communicate with debt collectors on your behalf and negotiate for a fair resolution.
• File a Lawsuit: If necessary, we'll file a lawsuit against the debt collector to seek compensation for damages, including actual damages, statutory damages (up to $1,000), and attorney's fees.

Contact Us

Dealing with aggressive debt collectors can be intimidating. KAASS Law is here to protect your rights and help you regain control of the situation. If you're experiencing harassment or unfair treatment from a collector, contact us today for a free consultation.

Get in touch with KAASS Law for more information at (310) 943-1171 or by filling out the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]