Embezzlement of Government Property

Embezzlement is defined as an improper fraudulent appropriation of property by a defendant to whom such property was entrusted. The defendant is entrusted with property if a fiduciary relationship exists between the defendant and the United States or a relationship exists in which the defendant has access and control over the government's property.

Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts

Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money.

Aiding and Abetting Illegal Aliens and Employment of Illegal Aliens

An illegal alien is a person born in a foreign country who has come into the United States by way of improper channels. Illegal aliens may enter the United States by crossing the Mexican or Canadian border. They are also smuggled in by means of transportation by roadway or waterway.

Preliminary Determinations of Admissibility of Evidence

Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts.

International Money Laundering and Undercover Money Laundering Transactions

International money laundering is a federal offense. The elements of this offense include: Monetary instruments that are transported internationally; Defendant acted with the intent to promote the carrying on of the illegal activity, concealed the original transaction, attempted to avoid tax liability, or attempted to avoid reporting requirements; Transfer was done with the intent to conceal the proceeds from an illegal activity; Defendant knew the monetary instrument represented the proceeds derived from illegal activity.