Federal Computer Hacking – 18 U.S. Code § 1030
This involves any time an individual is committing a crime that could be a federal crime by way of using a computer, they are probably going to be charged under Section 1030 of the United State Codes – “Fraud and related activity in connection with computers.”
There are all sorts of different offenses that can be committed by way of a computer. I’m usually seeing it where there’s a fraudulent activity — whether it be with a bank or some other computer-related offense and then the person is going to be charged under Section 1030 of the U.S. Code and the Assistant United States Attorney is going to prosecute their case.
There can also be enhancements depending on how much money is actually taken by the person — versus hundreds, versus thousands, versus millions of dollars. That’s going to be a big difference in exactly how that person is prosecuted, what they’re prosecuted for and how much time they end up serving in federal custody.
Mandatory Minimums Penalties
There’s certain mandatory minimums. If you take enough money using a computer, you could end up in prison for a minimum of two, five or ten years. These are all things that can be charged against individuals who are using computers to commit crimes.
The reasons there are extra enhancements related to computers has to do with sophistication — has to do with people taking advance of using computers. It also makes it a lot more complex and a lot more difficult for the federal government to actually prosecute these cases when computers are involved because they need experts. It takes time. A lot of times things can be masked or cloaked by using a computer, plus more damage can be done when a computer is being used to commit a federal crimes, especially in one of these fraud-related offenses.
Sometimes it takes months and even years for the feds to figure it out. They have to expend significant resources, put a lot of manpower on some of these computer crimes that are occurring across the country, and therefore, these crimes are punished harshly. People are smacked with huge fines.
They’re looking at multiple years in prison and all kinds of restrictions. Once they get out, they’ll be put on supervised release. A federal probation officer will keep an eye on them and they are going to make sure that these people are seriously prosecuted.
They won’t let them use a bank account. They won’t let them use computers. They’ll do all sorts of things to make sure they can block these people from damaging people’s reputation and credit. These are the types of crimes that are prosecuted very seriously by the federal government.
Consult with a Federal Criminal Defense Lawyer
So, if you have a federal computer fraud-related offense and are being prosecuted pursuant to U.S.C. Section 1030, give me a call. I’ve been doing this for twenty-five years. I’ve had a lot of success at keeping people out of federal prison and getting these cases resolved in the best possible manner. Computer related crimes are broad and require extensive proof as to access to the computer terminal and who was the responsible party. If you are facing charges that involve computer crime, as your federal criminal lawyer, we will develop the best defenses to assert on your behalf and make every effort to get you favorable results.
The computer may be the source of the crime or may be used as a tool to commit another crime. In either case, a federal attorney is essential and makes a difference on the outcome of your case. Our lawyers have the necessary skill, experience, and knowledge to represent you with all competence and diligence to get you the best results possible.
Most of the evidence for a computer crimes derive from hard drives, emails, history, but by asserting defenses in your favor, we may be able to prove that other people have used the computer or the information may have been implanted into the hard drive from another location; the defenses are available and as your federal lawyer, our job is to see what defenses apply to you and then after strongly and persistently assert them on your behalf.
Computer crimes are considered both property and privacy offense and the Feds will do all they can to charge you with whatever they can. Our federal defense attorneys will take on your case full force and have any charges that do not have sufficient evidence dismissed. We will do everything we can to get you the best possible results. If you are facing federal computer crimes contact the experienced Los Angeles federal criminal defense lawyers at the Hedding Law Firm and set up a free face to face consultation.