Computer-Cyber Crimes are categorized as follows:
(a) where a network or a computer is the target of the illegal activity; and
(b) where the alleged criminal activity is set in motion and facilitated by a computer.
Criminal activity is accomplished by means of a computer may include (a) simple fraud; (b) production of false identification; (c) reproduction and distribution of copyrighted material; (d) distribution, collection and production of child pornography; and (e) other types of crimes.
Because of the sophistication and quick development of technology, evidence of the criminal activity is handled in a different way than in the past. The FBI often requires computer forensic examination of electronic devices and computer generated data. Criminal activity where a networks or computers are targets usually lead to harm to the targeted network or computer. Moreover, the targeted networks can be used to initiate attacks on other networks. The FBI uses a number of federal statutes to investigate computer crimes. The FBI is sensitive to the victim’s concerns about public exposure, so any decision to investigate is jointly made between the FBI and the United States Attorney in order to take the victim’s needs into account.
Computer Crimes: Frequently Used Federal Statures
The following are the commonly used statutes by the FBI in investigating and prosecuting computer/cyber crimes:
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
EARLY INTERVENTION BY COUNSEL IS KEY TO A PROPER DEFENSE
It is extremely important to have an experienced and knowledgeable cyber crime attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Whether your case goes in front of the grand jury or not, early intervention gives us an opportunity to potentially reduce or dismiss the charges against you before the first court date.
Over the years, our cyber crime lawyers have successfully represented numerous clients charged with Computer/Cyber as described above. We have observed that the longer one postpones in hiring a criminal defense lawyer, the greater the problem may become.
Please feel free to call for an initial FREE CONSULTATION in one of our offices, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your criminal case. Our 24-hour telephone number is: (213) 385-1555
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