Federal Internet Crimes

Federal Internet Crimes: Understanding the Charges and How Josh Tomsheck of Hofland & Tomsheck Can Defend You

In today’s digital age, the internet is central to both legitimate business and, unfortunately, to criminal activity. Federal internet crimes, often referred to as cybercrimes, encompass a broad range of illegal activities that involve computers, online platforms, and digital networks. Because many of these crimes cross state and even international borders, they are frequently prosecuted at the federal level, leading to serious charges and severe penalties.

If you are facing federal internet crime charges, having an experienced attorney by your side is critical to navigating the complexities of these cases. Josh Tomsheck, a nationally Board-Certified criminal defense lawyer with Hofland & Tomsheck, has successfully defended clients against a wide variety of federal charges, including internet-based offenses. His in-depth understanding of federal internet crime laws, combined with his aggressive defense strategies, can help you fight for the best possible outcome.

What Are Federal Internet Crimes?

Federal internet crimes involve illegal activity carried out using the internet or other forms of electronic communication. These crimes fall under various statutes, and they can involve anything from hacking and identity theft to the distribution of illegal content. Here are some of the most common types of federal internet crimes:

1. Hacking and Unauthorized Access: Under the Computer Fraud and Abuse Act (CFAA), it is illegal to access a computer system or network without authorization. Hacking can involve exploiting vulnerabilities in software to gain control of a system, stealing sensitive data, or disrupting business operations. Even attempting to hack into a system can lead to federal charges.
2. Identity Theft: The Identity Theft and Assumption Deterrence Act of 1998 makes it illegal to unlawfully obtain and use another person’s personal identifying information (such as Social Security numbers, credit card numbers, or login credentials) for fraudulent purposes. Identity theft crimes often involve phishing, where scammers trick individuals into providing personal information through deceptive emails or websites.
3. Internet Fraud: Federal law prohibits using the internet to engage in fraudulent schemes. This can include investment scams, business fraud, credit card fraud, or creating fake websites to trick users into making payments for goods or services that don’t exist. Wire fraud and mail fraud statutes are often applied in these cases because they involve the use of electronic communication and internet-based transactions.
4. Child Exploitation and Distribution of Child Pornography: The distribution of illegal material over the internet, including child pornography, is a serious federal crime under the PROTECT Act and other statutes. The use of the internet to solicit minors or traffic in illegal images can result in harsh federal charges, including mandatory minimum prison sentences.
5. Online Drug Trafficking: The rise of the dark web has led to a surge in federal prosecutions related to the sale of illegal drugs online. The Controlled Substances Act and 18 U.S.C. § 841 allow federal prosecutors to charge individuals who use the internet to sell controlled substances, often leading to long prison sentences and significant fines.
6. Cyberstalking and Online Harassment: Federal law prohibits using the internet to harass, intimidate, or threaten individuals. This includes sending threatening emails, social media harassment, or hacking into someone’s personal accounts to cause harm. Cyberstalking charges are often filed under the Violence Against Women Act (VAWA) or 18 U.S.C. § 2261A.
7. Online Money Laundering: Using the internet to launder money is a federal crime that is often tied to other offenses such as drug trafficking, identity theft, or fraud. The Bank Secrecy Act and 18 U.S.C. § 1956 allow federal authorities to prosecute individuals who use online platforms to conceal the origins of illegally obtained funds.

Penalties for Federal Internet Crimes

The penalties for federal internet crimes vary depending on the nature of the offense, the amount of financial loss (if any), and whether the defendant has a prior criminal history. However, even first-time offenders can face harsh penalties due to the serious nature of these crimes. Some of the penalties associated with federal internet crimes include:

• Imprisonment: Federal internet crimes often result in long prison sentences, especially for offenses involving large-scale fraud, hacking, or child exploitation. For example, under the CFAA, hacking into a protected computer system can result in up to 10 years in prison for a first offense, and subsequent offenses carry even longer sentences.
• Fines: Financial penalties for federal internet crimes can be substantial, reaching hundreds of thousands or even millions of dollars in some cases. In fraud cases, the fines are often tied to the amount of financial loss suffered by the victims.
• Restitution: In cases involving financial loss or identity theft, defendants may be ordered to pay restitution to the victims. This could include compensating victims for lost money, stolen property, or the cost of repairing damage caused by hacking.
• Forfeiture of Assets: The federal government can seize assets obtained through illegal activity. For example, in cases of internet fraud, the government may confiscate funds in bank accounts, vehicles, or other property purchased with the proceeds of the crime.
• Long-Term Supervised Release: Many federal internet crime convictions result in terms of supervised release following the completion of a prison sentence. Defendants may be prohibited from using computers, the internet, or social media during this time, or they may be subject to monitoring by law enforcement.

Defenses Against Federal Internet Crimes

When facing federal internet crime charges, it’s essential to have a skilled defense attorney who understands the complexities of digital evidence, cybersecurity, and federal law. Josh Tomsheck takes a multifaceted approach to defending clients against internet crime charges. Some of the defenses he may raise include:

1. Lack of Intent: Many federal internet crimes require the prosecution to prove that the defendant acted with criminal intent. Tomsheck may argue that the defendant did not know they were committing a crime or that the defendant’s actions were accidental. For example, in hacking cases, a person may have unintentionally gained access to a system without realizing it was unauthorized.
2. Entrapment: In some cases, law enforcement officials may engage in conduct that encourages individuals to commit a crime they otherwise would not have committed. Tomsheck has successfully raised entrapment defenses in cases where federal agents or informants manipulated defendants into participating in illegal activities.
3. Challenging Digital Evidence: Federal internet crime cases often hinge on complex digital evidence, such as data from computers, cell phones, or online transactions. Tomsheck has extensive experience scrutinizing this evidence to identify errors in collection, chain of custody issues, or violations of the defendant’s Fourth Amendment rights. If the evidence was obtained unlawfully, it may be excluded from the trial.
4. Insufficient Evidence: In some cases, the government may not have enough evidence to prove beyond a reasonable doubt that the defendant committed the crime. Tomsheck carefully examines the prosecution’s case to identify weaknesses and build a strong defense strategy that challenges the sufficiency of the evidence.

How Josh Tomsheck Can Help You in Federal Internet Crime Cases

Federal internet crime cases are complex, requiring both technical knowledge and a thorough understanding of federal law. Josh Tomsheck, a seasoned federal defense attorney, is well-equipped to handle these challenging cases. Here’s why he’s the best choice to defend you against federal internet crime charges:

• Extensive Federal Court Experience: Tomsheck has a proven track record of successfully defending clients in federal court, including cases involving complex cybercrime charges. He understands the nuances of federal internet crime laws and has experience navigating the federal court system.
• Knowledge of Digital Evidence: In internet crime cases, the quality and handling of digital evidence can make or break a case. Tomsheck is skilled at analyzing digital evidence and identifying legal issues related to its collection or use in court.
• Client-Focused Defense: Tomsheck takes the time to understand the unique circumstances of each client’s case, developing tailored defense strategies that align with their specific needs and goals. He fights aggressively to protect his clients’ rights and achieve the best possible outcome.
• Proven Results: With years of experience defending clients against serious federal charges, Tomsheck has achieved numerous favorable outcomes, including case dismissals, reduced charges, and acquittals.

If you or a loved one is facing federal internet crime charges, contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today. With his expertise and commitment to his clients, you can trust that your case will be in good hands.