I was always puzzled by this question, even in law school and while working with a highly regarded criminal defense attorney. One thing I did know: If a person is prosecuted by the federal government, then he or she gets caught in a small boat on Lake Erie when a storm suddenly hits. (Lake Erie is pretty shallow and dangerously rough, high tides and all.) I’m not sure if the gravity of a federal charge stems from the prestige of the court, the lifetime appointment of judges, or the sentencing guidelines. A federal court, in my opinion, should be visited by all citizens; Not only is the building incredibly aesthetically pleasing, it has a certain grandeur that cannot really be described.

When I attended a seminar on federal courts (an attorney has to perform various additional tasks to practice before each federal court), a deputy federal prosecutor for the Northern District of Ohio spoke. He said the first reason, obviously, that some crimes are prosecuted by the federal government is because they are against federal law. The federal government enforces a large number of laws, especially those related to mail fraud, firearms, taxes, and drugs that cross interstate lines. However, rarely does a crime fall exclusively within federal jurisdiction (for example, mail fraud or false federal income tax filing). Most of the time, a crime is a violation of federal and state law.

For example, a company targeted poor people, often elderly and Amish, to become members of a $ 2,000 discount club. In exchange for the fee, members were promised direct access to manufacturers. The middle man was supposed to be ignored. As you can imagine, none of the “contacts” with the manufacturers actually existed. Members did not save money, but were never able to get a refund. After countless complaints to the Better Business Bureau, the matter was brought to the attention of the FBI (they investigate crime in general), who began investigating the company. The OIG (Office of the Inspector General) also got involved. The OIG investigates crimes related to the mail. Still, the sellers were charged by the federal government with mail fraud, because they sent consumers false information that prompted them to act.

However, the fact is that the crime could easily have been prosecuted in state court based on a pure theory of fraud. After all, the scam took place in Ohio; consumers were from Ohio. However, the defendants were indicted at the federal level. Much of this is due to the extreme nature of the crime and that it caused many financial hardships. In addition, the investigation was complex and more suitable for the federal government. Typically, a federal investigation begins at the desk of a federal agent. He or she must establish certain criteria before taking the case to a deputy federal prosecutor, who then analyzes the facts, the law, the resources, the nature of the crime, and his or her professional experience to decide whether the case should go forward. So in summary, most cases depend on: federal law (and if the case has facts that can support a federal charge, even weakly), who investigates it (was it the local police or did the feds get involved?) , And factors analyzed by the Federal Prosecutor’s Office.

As I mentioned earlier, the federal government wastes no time when it chooses to proceed with the charges. Some of the brightest and most talented people work at the United States Attorney’s Office. FBI agents and other agents with investigative functions are highly trained and controlled. (Most state detectives have 600 hours in the police academy.) Federal judges have resumes young attorneys could only dream of. The federal courts have the best technology. Federal records carry far fewer cases than state courts; thus, each case is closely followed. Federal sentencing guidelines have a presumption of incarceration.

Finally, Double Jeopardy is NOT violated when a defendant is prosecuted in federal court and in state court. For example: a defendant commits an armed robbery that involves interstate commerce. (The federal government can legislate under the Inactive Commerce Clause for crimes that are at face value within the powers of the states if the activity affects interstate commerce. Well, almost all business robberies involve interstate commerce (goods travel across state lines).) The defendant is found guilty and sentenced in accordance with the Sentencing Guidelines. Upon completion of his sentence, he is transferred to state custody to face state armed robbery charges. This is perfectly constitutional.

I hope you are a little less confused than you were when I first became involved in criminal defense.