What are Federal Cyber Crimes?

Federal cybercrimes refer to a broad range of offenses that involve the use of computers, the internet, or digital technology. Computer and internet fraud offenses fall under the category of cybercrimes, as do many other federal crimes. At LGR Law, we have successfully handled numerous federal cybercrime cases. With over 30 years of experience in federal criminal defense, our attorneys and legal team have the knowledge and experience to provide top-rated federal criminal defense in New York and New Jersey federal courts.

Types of Federal Cyber Crimes

While many federal crimes can be classified as cybercrimes, the following are some of the charges we have defended at LGR Law:

1. Identity Theft: Using someone else’s personal information (such as Social Security numbers or credit card details) without permission, typically for financial gain.
2. Child Pornography Offenses: Distribution or possession of child pornography or using the internet to exploit or traffic minors.
3. Computer Hacking: Unauthorized access to computers, networks, or data, often with the intent to steal, modify, or delete information.
4. Cyberterrorism: Attacks on computer systems or networks with the intent to cause harm or disrupt critical infrastructure, such as power grids or financial systems, including malware and ransomware offenses.
5. Fraud: Schemes conducted online to deceive others, often for financial gain, including phishing, online auction fraud, check schemes, and credit card fraud.
6. Intellectual Property Theft: Unauthorized copying or distribution of copyrighted material, such as software, music, or movies, over the internet.
7. Cyberstalking: Using the internet or electronic communications to harass or threaten an individual.
8. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act (15 U.S.C. §§ 7701-7713): This act aims to reduce spam emails by setting standards for sending commercial emails and establishing penalties for those who violate these standards.

These crimes are investigated by federal agencies such as the FBI and prosecuted by the federal government in actions brought by the United States Attorney’s Office.

Examples of Bank Fraud

Penalties for federal cybercrimes can include probation, prison sentences, fines, restitution, and forfeiture. Sentencing options and maximum prison sentences are outlined in the statutes that define these crimes. Penalties can vary greatly depending on the nature of the offense, the defendant’s criminal history, and other factors. The sentencing judge must also refer to the United States Sentencing Guidelines, which will significantly impact a defendant’s sentence.

Examples of potential penalties for federal cybercrimes include:

1. Identity Theft (Identity Theft and Assumption Deterrence Act):

• • General identity theft: Up to 15 years in prison, fines, and criminal forfeiture of any personal property used or intended to be used to commit the crime.
  • Aggravated identity theft: Mandatory additional 2 years of imprisonment, which must run consecutively to any other sentence imposed for the underlying crime.

2. Child Pornography Offenses:

• Possession of child pornography: Up to 10 years in prison, or up to 20 years if the minor depicted in the image is under the age of twelve.
• Production of child pornography: 15 to 30 years in prison for a first offense; up to life imprisonment for subsequent offenses.
• Distribution: A person convicted of distributing or receiving child pornography faces a 5 to 20-year prison sentence for first offenses, with more severe penalties for subsequent offenses.

3. Computer Hacking (Computer Fraud and Abuse Act – CFAA):

• First offense: Can result in a fine and/or imprisonment for up to 5 years.
• Subsequent offenses: Can lead to a fine and/or imprisonment for up to 10 years.
• If the hacking causes harm (e.g., significant damage to data or impacts national security): Fine and/or imprisonment for up to 20 years.

4. Cyberterrorism:

• Severe penalties: Can include life imprisonment, especially if the act results in death, widespread destruction, or significant disruption to critical infrastructure.

5. Fraud (Wire Fraud, Credit Card Fraud, etc.):

• General penalties: Can range from fines to up to 20 years in prison.
• If the fraud affects a financial institution or involves a large amount of money: Penalties can include up to 30 years in prison and significant fines.

6. Intellectual Property Theft (Digital Millennium Copyright Act – DMCA):

• Criminal copyright infringement: Can result in fines up to $250,000 and/or up to 5 years imprisonment for a first offense; up to 10 years imprisonment for subsequent offenses.

7. Cyberstalking:

• First offense: Can result in fines and up to 5 years of imprisonment.
• If the offense results in serious harm or death: Penalties can be more severe, including life imprisonment in extreme cases.

 8. CAN-SPAM Act: Primarily, violations of this Act involve civil penalties; however, criminal penalties can apply in cases of particularly fraudulent or deceptive conduct, especially when identity theft or fraudulent headers are involved.

Many of these crimes also involve restitution, forfeiture, and hefty fines.

What to Do If You Are Charged or Threatened with a Federal Cybercrime?

At LGR Law, LLC, we have over 30 years of federal criminal defense experience, including specific experience in defending those charged under several federal statutes regulating cybercrimes. I, Lorraine Gauli-Rufo, and the legal team at LGR Law Group focus on defending federal charges brought in New Jersey, Manhattan, New York, and White Plains. If you or a loved one is facing federal criminal charges, is under investigation by federal agents, or has been contacted by a federal agent or an Assistant United States Attorney, we can assist you. My team and I have successfully defended individuals charged with crimes throughout New York and New Jersey. We have secured acquittals on numerous charges and have achieved reduced charges and below-Guideline sentences, including probationary sentences, in thousands of cases. Call today to schedule an appointment with our experienced and trusted criminal defense lawyers. Reach us at (973) 239-4300, contact us through our website at www.lgrlawgroup.com, or email us at [email protected].