How it works
In Federal prosecutions, Computer-Cyber Crimes typically involve instances where a computer network, or individual computer, is a target of illegal activity and where such activity is launched or facilitated by another computer.
Criminal activity accomplished by a computer may include simple fraud schemes, production of false identification, distribution of copyrighted material and distribution or collection of child pornography.
Today, the FBI (and often, Homeland Security Investigations) regularly conducts computer forensic examination of electronic devices and computer generated data. The so-called "data dump" is almost always a part and parcel of these cases.
The following are the most commonly used statutes by the FBI in investigating and prosecuting computer/cyber crimes:
Computer-cyber crime statutes
18 U.S.C. 875 Interstate Communications: Including Threats, Kidnapping, Ransom, Extortion
18 U.S.C. 1029 Possession of Access Devices
18 U.S.C. 1030 Fraud and related activity in connection with computers
18 U.S.C. 1343 Fraud by wire, radio or television
18 U.S.C. 1361 Injury to Government Property
18 U.S.C. 1362 Government communication systems
18 U.S.C. 1831 Economic Espionage Act
18 U.S.C. 1832 Trade Secrets Act
Retaining an experienced and knowledgeable criminal defense attorney is the most important decision you can make. A qualified criminal defense lawyer can educate you as to all of your options, assist you in making critical life altering decisions, investigate the factors that led to your arrest, skillfully cross-examine law enforcement personnel, and litigate the criminal case.
Indeed, there are multiple, viable defenses to one of the Federal cyber crimes listed above that may not be readily apparent. For example, the mere seizure of a computer doesn't always identify its' user, or conclusively rule out who may have had access to it.
There is hope
If you or a loved one is arrested and charged with a Federal computer cyber-crime, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.
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