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In reply to the discussion: Holder: Big banks may face criminal cases soon... says, no such thing as 'too big to jail.' [View all]bigtree
(94,450 posts)15. some exceptions
There are circumstances where the statute of limitations will be extended by the court after petition by the US Attorney. These are the possible scenarios:
Original charges were dismissed. 18 USC 3288 and 3289. Federal prosecutors can reinstate charges for an additional 6 months after the statute of limitations has run.
The offense took place in a foreign country, or evidence is located in foreign territory. 18 USC 3292.
The statue of limitations for major fraud against the US is 7 years from the date of the offense.
Conspiracy crimes have an exception to the 5-year statute of limitation. In conspiracies prosecuted under 18 USC 371, such as conspiracies to commit a federal offense or conspiracies to defraud the United States, the statute of limitations begins to run on the date of the last action taken to further or enable the conspiracy. The same rule applies to conspiracies to defraud the federal government by making a false claim under 18 USC 286, and drug trafficking conspiracies prosecuted under 21 USC 846
Banks and other financial institutions have special protection under federal criminal laws. The following offenses against banks have a 10-year statute of limitations:
Bank fraud (scheme or artifice to defraud a financial institution). 18 USC 1344.
Mail fraud (using the mails for a scheme or artifice to defraud). 18 USC 1341.
Wire fraud (using wire, radio, or television in a scheme or artifice to defraud). 18 USC 1343.
Violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC 1962, that is predicated on bank fraud under 18 USC 1344.
Receipt of commissions or gifts for procuring loans. 18 USC 215.
Theft, embezzlement, or misapplication by bank officer or employee. 18 USC 656.
Embezzling funds from a federal financial institution. 18 USC 657.
Falsifying bank records (reports, entries or transactions). 18 USC 1005.
Falsifying records of a federal financial institution (reports, entries or transactions). 18 USC 1006.
Falsifying, forging, or counterfeiting a statement to the Federal Deposit Insurance Corporation (FDIC). 18 USC 1007.
Making a false statement or report, or overvaluing assets for a federal loan. 18 USC 1014.
Making a false statement or report, or overvaluing assets as it relates to insurance and a financial institution. 18 USC 1033.
http://www.federalcriminallawyer.us/2010/12/05/the-statute-of-limitations-defense-for-federal-crimes/
Original charges were dismissed. 18 USC 3288 and 3289. Federal prosecutors can reinstate charges for an additional 6 months after the statute of limitations has run.
The offense took place in a foreign country, or evidence is located in foreign territory. 18 USC 3292.
The statue of limitations for major fraud against the US is 7 years from the date of the offense.
Conspiracy crimes have an exception to the 5-year statute of limitation. In conspiracies prosecuted under 18 USC 371, such as conspiracies to commit a federal offense or conspiracies to defraud the United States, the statute of limitations begins to run on the date of the last action taken to further or enable the conspiracy. The same rule applies to conspiracies to defraud the federal government by making a false claim under 18 USC 286, and drug trafficking conspiracies prosecuted under 21 USC 846
Banks and other financial institutions have special protection under federal criminal laws. The following offenses against banks have a 10-year statute of limitations:
Bank fraud (scheme or artifice to defraud a financial institution). 18 USC 1344.
Mail fraud (using the mails for a scheme or artifice to defraud). 18 USC 1341.
Wire fraud (using wire, radio, or television in a scheme or artifice to defraud). 18 USC 1343.
Violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC 1962, that is predicated on bank fraud under 18 USC 1344.
Receipt of commissions or gifts for procuring loans. 18 USC 215.
Theft, embezzlement, or misapplication by bank officer or employee. 18 USC 656.
Embezzling funds from a federal financial institution. 18 USC 657.
Falsifying bank records (reports, entries or transactions). 18 USC 1005.
Falsifying records of a federal financial institution (reports, entries or transactions). 18 USC 1006.
Falsifying, forging, or counterfeiting a statement to the Federal Deposit Insurance Corporation (FDIC). 18 USC 1007.
Making a false statement or report, or overvaluing assets for a federal loan. 18 USC 1014.
Making a false statement or report, or overvaluing assets as it relates to insurance and a financial institution. 18 USC 1033.
http://www.federalcriminallawyer.us/2010/12/05/the-statute-of-limitations-defense-for-federal-crimes/
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Holder: Big banks may face criminal cases soon... says, no such thing as 'too big to jail.' [View all]
bigtree
May 2014
OP
You hit the nail on the head, tridim. Those who don't know what they're talking about but
Cha
May 2014
#47
Million dollar fines are merely part of the cost of doing business for these banks.
FuzzyRabbit
May 2014
#54
strategy involves a shift away from the 'securities fraud' charge to 'bank fraud'
bigtree
May 2014
#19
Let me guess, by the Liberty & Jones U grads that infiltrated DoJ and were never fired when Holder
Hestia
May 2014
#67
How compelling, coming six years into the Obama presidency and during an election year.
woo me with science
May 2014
#20
No, AG Holder is an intelligent accomplished person who is doing his job.. which is more
Cha
May 2014
#48