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Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.What Are The Most Common Ways That Identity Theftor Fraud Can Happen to You?
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The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act. This legislation created a new offense of identity theft, which prohibits "knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law." 18 U.S.C. 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.
The talking points below are written in plain language as a suggested way to communicate concepts of drug use and addiction to adults or teens.Why do people use drugs?People use drugs for many reasons: they want to feel good, stop feeling bad, or perform better in school or at work, or they are curious because others are doing it and they want to fit in. The last reason is very common among teens.
At first, taking drugs is usually your choice. But as you continue to take them, using self-control can become harder and harder; this is the biggest sign of addiction. Brain studies of people with addiction show physical changes in parts of the brain that are very important for judgment, making decisions, learning and memory, and controlling behavior. Scientists have shown that when this happens to the brain, it changes how the brain works and it explains the harmful behaviors of addiction that are so hard to control.
A trigger is anything that makes you feel the urge to go back to using drugs. It can be a place, person, thing, smell, feeling, picture, or memory that reminds you of taking a drug and getting high. A trigger can be something stressful that you want to escape from. It can even be something that makes you feel happy. People fighting addiction need to stay away from the people and triggers that can make them start using drugs again, just like people with breathing problems need to avoid smoke and dust.
These glaring disparities in the application of justice have real consequences for the nation as a whole. Mass incarceration is not sustainable, and evidence does not support the theory that harsh punishments effectively reduce crime or recidivism rates. Recent events have brought this issue to the forefront, and reform has garnered support along the ideological spectrum. It is time to take steps to reduce the disparate impact that the American criminal justice system has on people of color and institute reforms that apply justice fairly and equitably for all.
Victims of crime, and other people who have knowledge about the commission of a crime, are often required to testify at a trial or at other court proceedings. The federal criminal justice system cannot function without the participation of victims and witnesses. Complete cooperation and truthful testimony of all witnesses and victims are essential to the determination of the guilt or innocence of a person accused of committing a crime.
The United States Attorney's Office is committed to ensuring that crime victims and witnesses are treated fairly by the criminal justice system. This webpage will provide answers to many of your questions and will help you understand your rights and responsibilities.
If you are required to testify as a witness in a trial or other proceeding, you will receive a subpoena telling you when and where to go to court. A subpoena is a formal court order telling you to appear in court, and there are serious penalties for disobeying a subpoena. If you know in advance of anything that might keep you from attending a required court appearance, let the United States Attorney's Office know immediately so that an attempt may be made to adjust the schedule. However, scheduling is at the discretion of the court and sometimes cannot be changed.
An Assistant United States Attorney has the discretion to decline to prosecute a case based on several considerations, some of which the Assistant United States Attorney may not be able to discuss with you. The Assistant United States Attorney is ethically bound to not bring criminal charges unless the legally admissible evidence is likely to be enough to obtain a conviction. However, even when the evidence is sufficient, the Assistant United States Attorney may decide that there is not a sufficient federal interest served by prosecuting a particular defendant. In many cases, the defendant may be subject to prosecution in a state, local, or tribal court (including a state court for the prosecution of juvenile delinquents), and prosecution in this other forum might be more appropriate than prosecution in federal court.
The Assistant United States Attorney may ask the court to dismiss a case that has been filed in court. For example, the Assistant United States Attorney may do this because the court will not allow critical evidence to be part of the case, because witnesses have become unavailable, or when evidence that weakens the case comes to light after the case has started. In other instances, the court may dismiss a case over the objection of the Assistant United States Attorney if the court determines that the evidence is insufficient to find the defendant guilty.
The criminal justice process can be complex and lengthy. Federal law enforcement agencies, and staff from the United States Attorney's Offices will provide you with a variety of notification and assistance services to keep you informed on the status of your case.
The Assistant United States Attorney may discuss some parts of the case with you to inform you and prepare you for testifying. However, there may be some instances when the Assistant United States Attorney may not be able to answer some of your questions because it may endanger the case or other witnesses.
After you testify in court, you are not allowed to tell other witnesses what was said during the testimony until after the case is over. Please do not ask other witnesses about their testimony, and do not volunteer information about your own testimony.
Many people lose money as a result of being victimized. There are two possible ways for you to recover your losses, compensation and restitution. There is, however, no guarantee that your losses will be recovered.
Compensation: crime victims' compensation programs are administered by each state, territory, and the District of Columbia and provide financial assistance to victims and survivors of victims of criminal violence who are not otherwise covered by insurance. These funds are intended to cover:
Restitution: after a defendant is convicted of certain types of crimes, the judge may order the defendant to pay restitution as part of the sentence. Restitution occurs when an offender gives back the thing(s) he or she stole (or damaged) or when the offender pays the victim for his or her loss. Restitution can be either discretionary or, in some cases, the judge is required by law to award the victim restitution for the full amount of the victim's losses. Examples of these cases include child support recovery, sexual abuse, domestic violence, telemarketing fraud, sexual exploitation and other abuses of children, consumer product tampering, most violent crimes, and most crimes against property, including fraud.
Receiving restitution payments: you will normally receive your restitution payments from the Clerk of the District Court. The defendant should not make payments directly to you. The Clerk of Court maintains a record of payments and disbursements on all court-ordered restitution for accountability purposes. You may receive one large lump sum payment, but more than likely you will receive smaller payments from time to time. This will depend on the defendant's ability to repay the restitution and on the number of other victims involved.
Although some defendants are detained (held without bond), many defendants charged with a felony are released at the end of the initial appearance. They, or someone acting on their behalf, have either posted money to guarantee their return for trial and other hearings, or they have been released on conditions which include their promise to return for future hearings or the trial. The conditions of bond may include a requirement that they not personally contact victims or witnesses in the case.
The Grand Jury does not necessarily call every witness to testify. Sometimes the Grand Jury will return indictments on the basis of an agent's testimony alone. If you are called to testify, the Assistant United States Attorney should be able to give you an approximate time when your testimony will be heard. Unfortunately, it is not always possible to schedule testimony to the minute. Your appearance may involve waiting to be called before the Grand Jury, so you should bring some reading material or other work along with you. You should be aware that if you are testifying at trial, your statements made to the Grand Jury must be disclosed to the defendant.
Before the trial, the court may hear requests, known as "motions" by the defendant or the United States. Examples of these may include motions to suppress evidence, to compel discovery, or to resolve other legal questions.
The purpose of this conference is to prepare you for trial, and to review the evidence. You are entitled to receive a witness fee for attending this conference if you are otherwise eligible for witness fees. 041b061a72