FEDERAL HABEAS CORPUS PETITIONS

A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself. An attorney or a "next friend" of the prisoner may file the petition on behalf of the prisoner.

Insurance Fraud and Federal Prosecutions

Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes.

The Duties of a Defense Attorney at a Glance

After a defendant has retained a defense attorney or after the court has appointed a defense attorney for an indigent defendant, the defense attorney's duties begin.

Embezzlement of Government Property

Embezzlement is defined as an improper fraudulent appropriation of property by a defendant to whom such property was entrusted. The defendant is entrusted with property if a fiduciary relationship exists between the defendant and the United States or a relationship exists in which the defendant has access and control over the government's property.

CONDUCT & CAUSATION

A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech.