Federal Criminal Defense Practice Areas – Federal Crimes

How Is James Esparza Different from Other Federal Criminal Defense Lawyers?

Federal Criminal Defense Attorney James Esparza believes that each client is entitled to a defense that is tailored to them. Crafting a defense that is tailored to the unique facts of a client’s case takes time. We accomplish this by listening to what our client has to say and through a detailed investigation. Only then can we provide our clients with options on how to proceed.

Some federal crimes are referred to as white collar crimes. However, this may sound nice but in the federal criminal system these white collar crimes are no different than any other federal crime. A federal fraud charge is serious. The penalties for federal fraud charges in Utah are severe, including prison time and a large fine. Federal fraud codes are broad and encompassing. Common federal crimes include tax evasion, mail, wire, securities, insurance and health care fraud. The reason is that the sentences if convicted are harsh. We represent individuals in federal prosecutions, as well as grand jury investigations.

Our clients are business owners, teachers, telephone representatives and physicians.

Tax Evasion – Tax Fraud

If you receive a statutory notice of deficiency from the Internal Revenue Service, this could be the first step to being charged with a federal tax violation.

Tax fraud or tax evasion occurs when a taxpayer attempts to avoid paying federal income tax. Tax evasion is made illegal in 26 U.S. Code Section 7201. Section 7201 states:

Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

Examples of tax fraud include overestimating tax deductions, underreporting income or accepting more than $10,000.00 in cash and not completing a Form 8300.

When confronted with an inquiry from the IRS, act promptly to obtain the services of a competent Salt Lake City criminal defense tax attorney at the James Esparza Law Firm. James Esparza can help you address the inquiry in the appropriate manner. The penalties for tax fraud, tax evasion, or failure to file can be severe – we can help you. Call 801-272-9100.

Wire Fraud:

Federal prosecutors often employ federal statutes relating to wire transactions. They select these statutes because they are broad. 18 U.S. Code Section 1343 reads:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Securities Fraud:

Securities fraud involves a wide range of activities, but they all involve deception of investors or manipulation of markets.

Common securities frauds are:

High yield investment returns.
Ponzi schemes.
Pyramid schemes.
Advanced fee schemes

The federal statues pertaining to securities fraud is 18 U.S. Code Section 1348. It reads:

Whoever knowingly executes, or attempts to execute, a scheme or artifice—

to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934(15 U.S.C. 78l) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)); or
to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78o(d)); shall be fined under this title, or imprisoned not more than 25 years, or both.