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I want to personally welcome you to the Hedding Law Firm Federal Criminal Defense Blog. We will make every effort to discuss the latest developments and issues in the Federal Criminal Defense World. There are so many issues related to federal criminal cases, I am sure that we will cover many of them as the months and years pass.

Probably the most significant topic ,related to the federal criminal system, is the federal sentencing guidelines. Many people do not realize that the same federal guidelines are used across the country. It is also important to note that the federal criminal defense sentencing guidelines are advisory..a judge now has the ability to give whatever sentence they deem long as they consider the sentencing guides. This development has now shifted significant discretion back to the federal court judges. In my opinion, this has given and will continue to give deserving defendants the opportunity to stay out of federal prison.

I sincerely hope that you enjoy reading about some of the topics, issues and cases in this blog. If you are charged with a federal crime, I encourage you to contact me and discuss your case. I have successfully handled many federal criminal defense cases over the years and feel confident that once you meet with me, you will be convinced that I have the know how and legal abilities to help you.

What Exactly Is Considered Tax Fraud?

When people think of tax fraud, they often think of the federal government. If you are being charged with a federal criminal case, the federal government is probably the entity that will prosecute your case. If you are being charged with tax fraud related to the EDD or the state of California, then the state might handle your case and try it in downtown Los Angeles, at 210 West Temple Street. Tax evasion cases are usually federal. Many people make large amounts of money and don’t want to pay taxes to their government. Once the government finds out, they will...

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What to Do If You Are Facing Federal Drug Charges?

This is a big issue that I’ve had to deal with over the course of the last 26 years that I’ve been a federal criminal defense attorney.  A lot of people or their families have been arrested and they’re in custody and they’re trying to find a lawyer. Sometimes, they are even the actual person themselves who’s been charged or arrested give me a call and we have to figure out what we’re going to do, step-by-step to best deal with your federal drug charge. Sometimes you can’t even get to an attorney right away, so you have to make...

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What Factors Determine How Child Pornography is Prosecuted?

What Determines Whether a Child Pornography Prosecution Is Dealt with by the Federal Government or the State? This is a big question because a lot of times what’s happening is, someone is coming to a person’s house or business, arresting that person or simply searching their house. They are taking computers, phones, tablets, trying to get a statement from the person and hopefully the person is not stupid enough to give a statement because that’s usually more evidence to prove that whatever computers they’re taking are their computer and a lot of times people even admit when it comes to...

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Federal Ponzi Scheme Crimes

A lot of people nowadays are getting entrapped in the government’s net of prosecuting the so-called Ponzi schemes.  Basically, it is where people are purportedly involved in some sort of a legitimate business venture and they end up taking investors. Those investors pay money in hopes of getting dividends, high quick profits — huge percentages on their money.  Of course, the person who’s operating the Ponzi scheme usually makes a lot of grandiose promises and shows the potential would-be investor some dividends and some things that have happened regarding the property and obviously have a big hyped up story about...

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What Exactly is the Federal Anti-Kickback Statute?

People working in the medical or health industry often take money from the government for various reasons, whether it be through Medicare or Medicaid. This person cannot be giving kickbacks to anyone in order to get that person to perform any type of medical services. An example would be a doctor giving kickbacks to anyone who is sending them patients. A violation of the anti-kickback statute could be both a civil and a criminal offense. For example, if someone is getting kickbacks and it relates to government aid, they can be charged criminally. Usually, there is an investigation done by...

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How to Beat the 10-Year Mandatory Sentence in a Federal Drug Case

One of the big stings about all the drug laws that were changed and passed in the 1980s during the Regan administration had to do with 10-year mandatory minimums being placed on some drug offenses. Really what they’re looking at is the type of drug that’s being sold, trafficked, transported for purposes of sale. Then, depending on what type of drug it is, they put a certain weight on each drug. If it meets that weight and they can prove that you or any of your individuals associated with you are conspiring to traffic drugs and it meets a certain...

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What Does It Take to Win a Federal Criminal Jury Trial?

I’ve been practicing federal law now for over 25 years and have handled numerous cases around the nation, many jury trials, and I believe that the first thing you need to win a federal criminal case is a solid argument that strikes at the heart of the prosecution’s theory against you. In other words, the prosecutors will file certain criminal charges against you.  You have to have a defense in your federal criminal case that the jury can relate to that basically negates or nullifies the government’s evidence against you. The government will surely have witnesses.  They will have a...

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Pre-Trial Motions in Federal Criminal Cases

Any time you’re indicted for a federal case in Los Angeles, or anywhere in the nation for that matter, typically you will appear for your post-indictment arraignment.  You will eventually be assigned a judge and then the prosecutors will be ordered to give all the discovery related to the case to your attorney. That’s basically all of the information — whether it be police reports, surveillance videos, wire tap evidence — whatever information they have.  The prosecutor — the Assistant United States Attorney — in a federal case is going to have the responsibility for turning that over. Once your...

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What to do if Charged With Violating the Anti-Kickback Statute?

These cases are prosecuted more and more at the healthcare level and we’re seeing a lot of physicians and doctors being charged both civilly and criminally where they’re facing thousands of dollars of fines at the civil level and then the criminal prosecutors get their hands on the case and then the person is looking at not only fines, but also potential federal criminal custody time served at 85% of the time. This really has to do with abusing government health care programs.  In other words, you have programs like Medicare for example, where patients, doctors can get money from...

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Federal Criminal Gang Prosecutions

For the last 25+ years, I’ve handled gang-related cases at both the state and federal level.  The feds got involved with prosecuting gangs approximately 15 years ago, especially here in Los Angeles, but not just Los Angeles — across the country. They really have found themselves more suitable to deal with gang-related offenses than the state because a lot of times the gangs are sophisticated, are working with a lot of members. Some of the the gangs I’ve seen have over 150+ gang members.  So, the prosecutors realize that the state simply is not equipped to deal with such a...

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