When federal agents and prosecutors seek to convict a group of people, one of the most successful tactics is to turn the suspects against each other. Depending on one’s level of involvement and the evidence at hand, a charge of conspiracy may result in a conviction when other charges might be beyond the government’s ability to prove. The prosecutors take this leverage and use it to encourage one or more of the accused to testify against the others in exchange for an advantageous plea bargain. The appeal of a reduced sentence can be enough to push many hardened criminals into providing evidence and testimony. When a person becomes unintentionally entangled in criminal activity, this tactic by prosecutors is even more effective. Testimony given in this manner is invaluable to the United States Attorney’s Office, and they therefore rarely hesitate to bring conspiracy charges. Conspiracy charges are complex, but Tim Bower Rodriguez, PA will fight to bring your case to the best possible conclusion. Whether that is an acquittal, a dropped charge, or a mitigated sentence, depends on the details of the case.

WHAT IS A CONSPIRACY AND WHAT DOES FEDERAL LAW SAY ABOUT CONSPIRACY? While 18 U.S. Code § 371 specifically addresses conspiracy, many other statutes have conspiracy clauses included in them. A common thread in all conspiracy charges is that they include two or more people coming to an agreement or understanding to willingly pursue some unlawful or illegal activity. Put more simply, a conspiracy is an agreement between two or more people to commit a crime. The crime to be committed is called the object or purpose of the conspiracy, which could be literally any crime. Conspiracy charges are most often brought at the federal level in cases involving fraud and drug trafficking. Penalties for conspiracy charges depend upon many factors, primarily the type of crime as well as a defendant’s criminal history.

Facing a federal drug charge is more complex and daunting than a charge brought at the state level. When you have the weight of the federal government lined up against you, having Tim Bower Rodriguez on your side will make all the difference. Because of the “War on Drugs,” drug crimes carry a very serious penalty and is aggressively prosecuted by the United States Attorney’s Office. Penalties for possession with the intent to distribute drugs is based primarily on a specific minimum weight of the drug in question, commonly referred to as the druq quantity. The very nature of the crime also makes multiple conspiracy charges a distinct possibility. The amount of drugs involved is often surprisingly small, and prosecutors use the threat of decades in prison to encourage possible conspirators to provide further evidence and testimony against others involved. Because the potential sentences are so severe, it is absolutely critical to have an experienced defense attorney handling the matter. If you believe you are being investigated or have been indicted on a possession with intent charge, you need an active and aggressive defense. How we handle your defense in these cases will obviously be tied directly to the evidence against you. If it is overwhelming, your best option may be to position yourself for the least possible sentence through negotiations by a skilled federal defense attorney. In any case, Tim Bower Rodriguez will stand up for you and for justice with as much or even more zeal than the federal prosecutors bring.

WHAT DOES FEDERAL LAW SAY ABOUT POSSESSION WITH INTENT TO DISTRIBUTE? 21 U.S. Code § 841 reads that it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. This statute specifically spells out the weights, criteria and penalties for many common illegal substances and the associated sentences.

The Internal Revenue Service has a group of accountants and attorneys that they call their Criminal Investigative Division (CID). Their sole purpose is to investigate underreporting of income, false deductions, or forgery of tax documents. If you willfully attempted to avoid paying taxes, or willfully succeeded in avoiding taxes, you are guilty of tax fraud. Making a mistake on your taxes is not fraud; however, because the avoidance must be willful. The attorneys and accountants in CID know the law and know the accounting, but a competent attorney that understands the law can explain the circumstances surrounding the evidence against you. Tim Bower Rodriguez, PA and his team of retired IRS agents will learn the tiniest details about your case to ensure that the outcome is the best it can be. In addition to individuals, businesses, financial institutions, and other entities can be charged with tax fraud as well. Tim Bower Rodriguez can protect your company and discern the difference between a simple accounting oversight, and tax fraud.

WHAT DOES FEDERAL LAW SAY ABOUT TAX FRAUD? 26 U.S. Code § 7201 states that 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.