SKT’s top federal defense attorney, Eliot Krieger, is Harvard educated, and is a former Department of Justice Prosecutor. As such, Eliot has working knowledge of how AUSAs (prosecutors) think and operate, which affords him the opportunity to provide the best defense.
To understand the answer to this question, some background is important. Television history is replete with lawyerly shows, with several notables like Perry Mason from the ‘60’s; L.A. Law from the ‘80’s; and currently The Good Fight. Regardless of the decade, the terminology and legalese used in these shows portraying the lawyers’ roles can be confusing to any lay person. “Partner”, “Managing Partner”, “Associate”, “3rd Year”, and how about the almighty “AUSA”?
AUSA is an acronym for Assistant United States Attorney. The AUSA is also known as Chief Federal Prosecutor or United States District Attorney. AUSAs represent the U.S. Federal Government in U.S. District Courts (also known as Federal Court) and Courts of Appeals. The AUSA is the legal party responsible for presenting and prosecuting a case against an individual or individuals suspected of breaking the law (or defend civil cases where the United States is a party). Their power includes initiating and directing further criminal investigations, guiding and recommending sentencing, and the ability to negotiate “plea deals”.
Therefore, a federal criminal defense attorney is a lawyer who defends an individual or individuals against the charges brought against them by the AUSA.
SKT also represents clients who have not yet been charged of a crime but have an active ongoing investigation. Too often those under investigation lead the prosecution to filing charges against them that could have been avoided had they been represented by counsel. SKT has dealt with nearly every branch of government including, but not limited to: the U.S Security & Exchange Commission (SEC); the California Department of Justice (DOJ); the U.S. Attorney’s Office; the Department of Homeland Security (DHS); the Drug Enforcement Agency (DEA); the Federal Bureau of Investigations (FBI); the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and the Immigration & Customs Enforcement (ICE).
A federal criminal defense attorney like Eliot Krieger can also handle cases involving an FBI criminal investigation process. The lay person may think of the FBI as an entity who only investigates those well-known and obvious crimes we too often hear or read about in media such as counterintelligence, terrorism, organized crime, etc. However, the FBI also performs investigations involving public corruption, white-collar crimes, and cybercrimes to name a few. It is these instances the average-Joe may be under investigation and in need of excellent legal representation from an experienced lawyer. An FBI investigation occurs before arrest warrants are issued and charges are filed in court. Nevertheless, if you are being investigated by the FBI you would be foolish to not hire an attorney.
Federal crimes have what is known as Statutes of Limitations (the time after a crime is discovered in which charges must be filed). A majority of federal crimes have a 5-year Statute of Limitations. This means a Grand Jury must issue an indictment within that 5-year period. There are other crimes that have longer statutes which can range in 10 years, 20 years, and in some cases, there is no statute.
All things being equal, there is no definitive timeline for an FBI investigation to commence and conclude. Investigations could go on for years. However, the best way to shorten the investigative process, or bring an investigation to an end, is to seek the assistance of a federal criminal defense attorney, sooner than later. Hiring counsel demonstrates to investigators that you are prepared to defend yourself, and your counselor will ensure your best interests are at heart.
Committing a federal crime means that the act in which you engaged in is tied to a national or federal issue. A small smattering of examples may include tax fraud or tax evasion, counterfeiting, fraud, carjacking, credit card fraud, computer crimes, racketeering, and identity theft. Federal crimes can be classified as either misdemeanors or felonies.
One simplistic example of a federal crime is committing a fraud to invite people to invest in something which pays profits. The money which the newest investors contribute is then paid in “profits” to previous or earlier investors in the same plan. This results in people believing that “profits” came from the sales of product (or other means), while being totally unaware that the “profits” received by them were actually derived from subsequent investors who decided to contribute. Put simply, it’s robbing Peter to pay Paul and it’s commonly referred to as a Ponzi Scheme, named for Charles Ponzi who was infamous for exploiting this process in the 1920’s. Over the years we’ve heard about various Ponzi Schemes. There was the music manager Lou Pearlman whose scam involved the bands of The Backstreet Boys and N Sync, as well as infamous financier Bernie Madoff who coveted $50 Billion. In the instance of fraud, we recommend engaging a white-collar criminal defense attorney. White-collar refers to non-violent crimes committed by white-collar workers (professionals, administrators and managers), as opposed to blue-collar workers (jobs engaged in manual labor) or pink-collar workers (service-oriented and customer interaction labor).
Exchangeable with the term white collar criminal defense is a fraud defense attorney. This would involve lawyers who take cases dealing with SEC defense, investment fraud, money laundering, or healthcare fraud.
An Arrest Warrant and Complaint are filed. An arrest takes place and the accused has a scheduled Initial Appearance in court where the individual is advised of her/his rights. The court determines if the accused has the financial wherewithal to engage an attorney on their own. If not, a Public Defender is appointed. Concurrently, the court establishes conditions of release. This may include a bond (bail) or the AUSA’s request that the court detain the accused in prison. Should the accused be detained, a Detention Hearing is scheduled, and the court hears evidence concerning the accused’s flight risk or danger within the community.
Next is the Preliminary Hearing where the AUSA offers evidence and testimony establishing probable cause, and the defense counsel has the opportunity to provide witnesses and evidence. If the court finds sufficient probable cause demonstrating a crime was committed, and the accused’s involvement therein, the accused is held for further proceedings before a Grand Jury (note there are cases where a Grand Jury returns an Indictment before the arrest, which makes the Preliminary Hearing moot).
The Grand Jury holds the final say whether to prosecute. The AUSA appears before the Grand Jury attempting to establish probable cause as to whether the accused committed a federal felony. Evidence is presented and witness testimony is heard; however, defense lawyers aren’t allowed to appear, and the accused is not required to testify. If the Grand Jury feels there is probable cause based on the presented evidence, an Indictment against the accused is issued.
After indictment, an Arraignment hearing is held. The accused is now referred to as the defendant, and he/she is read the charges against him/her, advised of his/her rights, and enters a plea. Trial may then be scheduled. At any time a defendant or the defendant’s attorney may consider, negotiate or enter into a plea agreement. If no plea is reached, trial proceeds.
At trial, the AUSA has the burden of proving, beyond a reasonable doubt, that the defendant is guilty, and the jury decides the verdict. If a guilty verdict is found, the case moves to pre-sentencing where information is collected, along with recommendations for sentencing.
It is the responsibility of the Judge to impose the sentence. The sentence could include time in federal prison; supervised release (probation), monetary fines, or Restitution (where defendant pays the victim(s) of the crime). An Arrest Warrant and Complaint are filed. An arrest takes place and the accused has a scheduled Initial Appearance in court where the individual is advised of her/his rights. The court determines if the accused has the financial wherewithal to engage an attorney on their own. If not, a Public Defender is appointed. Concurrently, the court establishes conditions of release. This may include a bond (bail) or the AUSA’s request that the court detain the accused in prison. Should the accused be detained, a Detention Hearing is scheduled, and the court hears evidence concerning the accused’s flight risk or danger within the community.
Next is the Preliminary Hearing where the AUSA offers evidence and testimony establishing probable cause, and the defense counsel has the opportunity to provide witnesses and evidence. If the court finds sufficient probable cause demonstrating a crime was committed, and the accused’s involvement therein, the accused is held for further proceedings before a Grand Jury (note there are cases where a Grand Jury returns an Indictment before the arrest, which makes the Preliminary Hearing moot).
The Grand Jury holds the final say whether to prosecute. The AUSA appears before the Grand Jury attempting to establish probable cause as to whether the accused committed a federal felony. Evidence is presented and witness testimony is heard; however, defense lawyers aren’t allowed to appear, and the accused is not required to testify. If the Grand Jury feels there is probable cause based on the presented evidence, an Indictment against the accused is issued.
After indictment, an Arraignment hearing is held. The accused is now referred to as the defendant, and he/she is read the charges against him/her, advised of his/her rights, and enters a plea. Trial may then be scheduled. At any time a defendant or the defendant’s attorney may consider, negotiate or enter into a plea agreement. If no plea is reached, trial proceeds.
At trial, the AUSA has the burden of proving, beyond a reasonable doubt, that the defendant is guilty, and the jury decides the verdict. If a guilty verdict is found, the case moves to pre-sentencing where information is collected, along with recommendations for sentencing.
It is the responsibility of the Judge to impose the sentence. The sentence could include time in federal prison; supervised release (probation), monetary fines, or Restitution (where defendant pays the victim(s) of the crime).