Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

For a potential criminal case, if a Federal agency (not DOJ,

US Attorney office or FBI)...
For a potential criminal case, if a Federal agency (not DOJ, US Attorney office or FBI) sent a "Cease and Desist Order" against some civil violations and asked respondent's lawyer whether they are willing to settle the case with some civil penalties. In this case, does it mean the government does not plan to seek criminal prosecution against the respondent?

If no, will they move on to criminal prosecution if the respondent fails to settle the case (given the respondent is outside of the US and will not return to US forever and has no money to pay the civil penalties) ? Please kindly advice. Many thanks!
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
6/22/2013
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
Experience: Experienced Criminal Trial Attorney since 1998.
Verified
Not necessarily. Whether criminal charges are pursued is up to the U.S. Attorney's Office where the alleged crime occurred and/or the DOJ. (The various U.S. Attorneys are branches of and answer to DOJ.) Other agencies (i.e., SEC, EPA, etc) can seek civil penalties, but they cannot make a decision on criminal prosecution.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Got it. Moreover, given the Federal agency who sent the Cease-and-Desist Order is the one who handles the investigation, are the respondents (company and person) shown on the document targets of the potential criminal investigation, or the US attorney could look for more people? Will the US attorney notify the respondent's lawyer if they plan to prosecute the case? Thanks a lot!

(1) The US Attorney is not limited to the people who are on the cease and desist order. They could choose to prosecute (probably the most likely outcome) or prosecute one or more people on the cease and desist order and/or others.

(2) The US Attorney is not required to notify the respondent's attorney, but sometimes they will out of courtesy. If you are subpoenaed before a grand jury and are a target of the investigation, then per DOJ policy they will notify you that you are a target.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Thanks! One last question, if there is only one person at the scene of the case, even he's not a target of the investigation, is it likely that he will be subpoenaed to the Grand Jury to testify?


 


It has been 9 months since the police executed the search warrant, and the Cease-and-Desist order was just received, but nobody was subpoenaed to the police/us attorney to testify further since 9 months ago. Do you think this is normal? If there is criminal prosecution ongoing, will there be further actions expected?

These questions are related to a white-collar case.

(1) Yes, material witnesses would normally be subpoenaed to testify before the grand jury. Sometimes, however, agents or officers are called instead to relay what a witness said to them. The rules against hearsay do not apply to grand jury proceedings.

(2) When the feds charge someone it is through grand jury indictment so if there is criminal prosecution the case would be presented to a grand jury. A delay of several months between a search warrant and grand jury indictment is not unusual, but the more time that passes without any hint of criminal prosecution the better. No news is good news in this circumstance.
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
Experience: Experienced Criminal Trial Attorney since 1998.
Verified
Legal-Guru and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Legal-Guru Your Own Question
Legal-Guru
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
1,366 Satisfied Customers
Experience: Experienced Criminal Trial Attorney since 1998.

Legal-Guru is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
An investgigator told me I was being investigated for taking
An investgigator told me I was being investigated for taking alcohol and tobacco to an inmate in state prison. He read me my rights. I exercised my right for an attorney. That was over 3 months ago. W… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Im under open investigation for a possible violent crime
im under open investigation for a possible violent crime what does that mean? am i being charged … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,334 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Should an arrestining officer/investigator with sherriffs
Should an arrestining officer/investigator with sherriffs office here in alabama have the felon living with him and having an affair with her before her trial for the felony … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
The state police in Arkansas are investigateing a misdomener
The state police in Arkansas are investigateing a misdomener charge of disorderly coduct which happened in illinois 35 years do i need an attorney.I am applyong for my chl in Arkansas and it was my un… read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
I have a criminal investigation over my head, but I have no
I have a criminal investigation over my head, but I have no idea what or where. The only reason I no is cause I ran my fingerprints for employment and they wont hire me till I get it settles, but I ha… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can an investigative technician 2 investigate me even if
Can an investigative technician 2 investigate me even if they are not inveatigating me … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
Criminal felony case in Indiana. Initial investigation
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or s… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I just confessed to an insurance investigator that i filed a
i just confessed to an insurance investigator that i filed a claim for damage that happened before my policy started … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I was told that I was being investigated by the police as
I was told that I was being investigated by the police as being a pedifile after I told a public librian That I was molested as a child and they were watching me with staff. My teacher from grade scho… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
California. Plaintiff in cross complaint can be investigated
California. Plaintiff in cross complaint can be investigated for vandalism according to opinion by special prosecutions section. Plaintiff tampered with locks owned by defendant and details his tamper… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,726 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
If someone who is being investigated for a crime leaves the
If someone who is being investigated for a crime leaves the state when no charges have been filed and no law enforcement or legal personnel has contacted them can they be charged with a crime when the… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I received a letter from the usps criminal investigation
Hi. I received a letter from the usps criminal investigation service center stating that an item that may contain controlled substances was mailed to me. I have no idea what this is and everything is … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My question is: Once a Criminal investigation filed by the
Hello my question is: Once a Criminal investigation filed by the state prosecutor against a police department for a wrongful death, can it be retried? And if not, are there any loopholes or justificat… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x