According to Section 2113 of Title 18 of the United States Code, it it's prohibited to take or attempt to take property, money, or items of value from federal banking institutions.

What Kind of Conduct is Prohibited?

• Under 18 USC 2113 Subsection (a) it is prohibited taking or attempting to take money, property, or any item of value from a covered financial institution by using force. Moreover, this section also covers the entry to financial institution with the intention to commit the robbery. Thus, defendant can still be charged if he enters the bank with intention to commit the bank robbery but doesn't have the opportunity to further his actions.
• Under 18 USC 2113 Subsection (b) it is prohibited to take property which belongs to a covered institution, and applies to situations when the defendant doesn't use force to obtain property, money, or any item of value.
• 18 USC 2113 Subsection (c) covers crime participants who may not have taken the property, but who have participated in the crime by receiving, hiding, possessing, trading, selling, or disposing the money, property, or thing of value.
• Under 18 USC 2113 Subsections (d) it is prohibited to assault or put another person's life in jeopardy by using a dangerous device or weapon.
• Under USC 2113 Subsections (e) it is prohibited to kill or kidnap another person during an attempt to avoid being caught for the crime.

Elements of Federal Bank Robbery under 18 USC 2113

Prosecutor must establish the following elements to convict the defendant of Federal Bank Robbery under 18 USC 2113

• Defendant took or attempted to take property, money, or items of value from the person or presence of another belonging to or in the management, care, control, custody, or possession of a bank, credit union, or savings and loan association.
• At the time charged in the indictment the bank or credit union had its deposits insured by the Federal Deposit Insurance Corporation, National Credit Union Administration or Federal Savings & Loan Insurance Corporation
• Defendant acted to take such property, money, or other items of value by force and violence, or by intimidation.

USC 2113 gives a definition to the institutions that are covered by the statute

• Bank that is a member of the federal reserve association,
• Credit unions
• Savings and loan associations
• Trust companies
• Savings banks
• Branches of foreign banks
• Other banking associations, and institutions whose deposits are covered by the Federal Deposit Insurance Corporation

Penalties for Violating 18 USC 2113

• In case the defendant used force to obtain the property, money, or thing of value he can face up to 20 years in federal prison and a fine of up to $250,000.
• In case the defendant didn't use force to obtain the property, money, or thing of value he can receive up to 10 years in federal prison for the theft of items valuing more than $1,000.
• In case the defendant didn't use force and the value of the stolen items was less than $1,000 he can receive to up to one year in federal state.
• In case the defendant assaulted or put another person's life in jeopardy, he will receive up to 25 years in federal prison.
• In case the defendant kidnapped, took hostage, or killed another person while attempting to flee or avoid being caught, he can face life in prison or the death penalty.

• Below cost pricing and loss leaders
• Locality discrimination
• Giving secret, unearned discounts or rebates to some purchasers but not others.

Below Cost Sale

Elements of Below Cost Sale

• Defendant offered to sell or sold product or service at a price that was below cost
• Defendant gave away the product or service
• By acting unfairly defendant had the intention to injure competitors or destroy competition
• Plaintiff was harmed
• Defendant's conduct was a substantial factor in causing harm to the plaintiff

Loss Leaders Sale

Elements of Loss Leaders Sale

• Defendant offered to sell, sold or offered the use of product or service at prices that were below its costs
• Defendant had a purpose to promote, influence, or encourage the purchase of other merchandise from him
• The offer or sale had a capacity or tendency to mislead or deceive purchasers or potential purchasers
• The offer or sale took business away from or otherwise injured competitors
• By acting unfairly defendant had intention to injure competitors or destroy competition
• Plaintiff was harmed
• Defendant's conduct was a substantial factor in harm to the plaintiff causing

Price

Cost

• Labor, including salaries of officers and executives and officers
• Maintenance of equipment
• Rent and utilities
• Interest on loans
• Licenses, taxes
• Depreciation
• Selling cost
• Delivery costs
• Insurance
• Credit losses
• Advertising costs

Remedies for Unfair Competition

• Recovery of economic damages
• Relief to prohibit the illegal and unfair practices.

Acts of Violence

• Defendant committed a violent act against the plaintiff or against his property
• The essential motivating reason for the defendant's conduct was his perception of the plaintiff's race, religion, color, political affiliation, ancestry, sexual orientation, sex, age, citizenship, immigration status, age, or position in labor dispute
• Plaintiff was harmed
• Defendant's unlawful conduct was a substantial factor in causing harm to the plaintiff

Threats of Violence

• Defendant intentionally threatened violence against the plaintiff or his property, whether or not the defendant actually intended to carry out the threat
• A substantial motivating reason for the defendant's conduct was his perception of plaintiff's race, religion, color, political affiliation, ancestry, sexual orientation, sex, age, citizenship, immigration status, age, or position in labor dispute.
• A reasonable person in plaintiff's position would have believed that the defendant would carry out his threat
• A reasonable person in plaintiff's position would have been intimidated by the defendant' conduct
• Plaintiff was harmed
• Defendant's unlawful conduct was a substantial factor in causing harm to the plaintiff

Examples of Bias-Related Crimes, Forbidden by the Law:

• Threats, written or verbal
• Physical assault or attempted assault
• Arson
• Bomb threats
• Hate-related graffiti, swastikas and other aggressive symbols
• Cross-burning
• Disturbance of religious meetings
• Vandalism or property damage

Damages Available in a Ralph Act Lawsuit

Actual Damages, Which Include:

• Cost of the medical treatment, related to any physical injuries
• Lost wages while the victim was recovering
• Pain and suffering
• Lost earning capacity
• Loss of consortium
• Financial losses, related to the threats or violence, such as mental anguish of living in fear, moving costs or addition security at work or home

Punitive Damages:

Under personal injury law, assault is defined as a purposeful act by one person which causes a reasonable apprehension of immediate harm or offensive contact to another person. Assault is known as an intentional tort when it is made the subject of a civil case.

Elements of Assault

According to CACI 1301 to establish the claim of assault, a plaintiff must prove all the following elements:

• The defendant acted with the intention to cause harmful or offensive contact
• Plaintiff reasonably believed that he was about to be touched in a harmful or offensive manner or threatened to touch in a harmful or an offensive manner
• It reasonably appeared to the plaintiff that the defendant was about to carry out the threat
• Plaintiff did not consent to the defendant's conduct
• Plaintiff was harmed
• Defendant's conduct was a substantial factor in causing harm to the plaintiff

Assault does not always involve physical contact, at least not when it comes to civil liability. Even fear of offensive or harmful touching is usually enough for an assault to have occurred. In case the touching actually occurs, the physical contact is usually classified as a battery in civil law, though both claims are often made together.

Difference Between Criminal Assault and Civil Assault in California

Assault can be filed under civil and criminal laws and in both cases the elements to prove are similar. Both require that the defendant's conduct create a reasonable apprehension of harm to the plaintiff. Though, the difference between criminal assault and civil assault lies mainly in the legal remedies that result from the action.

In civil law, it is required that the defendant either meant to cause apprehension or that the defendant should have known that his conduct would cause apprehension to the plaintiff. In contrast, criminal law requires that the defendant had the intention to commit physical injury or battery to the plaintiff.

In a civil assault claim, it is a private lawsuit between two persons, where a plaintiff can normally collect monetary damages, but a jail sentence is not usually imposed in civil assault claims. In contrast, with a criminal trial, the involved parties are the state (the prosecution) and the victim. Any damages awards can be limited by state statutes that cover how much a victim can recover in a criminal trial. On the other hand, criminal laws generally impose a jail sentence for the defendant, which can range from a few months to several years depending on the severity of the assault.

Legal Defenses to California Civil Assault Claims

• The defendant was acting in self-defense.

In case the defendant was acting in self-defense or defense of another person he can't be found liable.

• Defendant had a privilege:

In some cases, the defendant could have a limited right to commit assault. For instance, when a peace officer attempts to place a suspect under arrest.

• The plaintiff fails to prove all the necessary elements of the claim:

In a successful claim, the plaintiff must prove all the elements of assault: the apprehension of harm, cause of action and the defendant's purpose or knowledge of harm to the plaintiff.

Damages that can be recovered

• Economic damages, including medical bills and lost income.
• Non-economic damages including compensation for pain and suffering and other losses which are difficult to quantify
• Punitive damages, designed mainly to punish the assailant.

A prisoner in California has a right to file a lawsuit for money damages against a prison official, whose conduct caused the prisoner to suffer harm, bodily injuries or psychological distress. A lawsuit can be based on violations of either federal, state law or both) and can be filed in either federal or state court.

Some Examples of Prisoner Abuse Include:

• Unnecessary force by officers and guards
• False imprisonment
• Sexual assaults and rape by officers
• Unnecessary use of weapons and restraints
• Inhumane, cruel, and unsanitary living conditions
• Failure to provide sufficient medical care to prisoners
• Torture by the guards

42 U.S.C. § 1983 Violation of Prisoner's Federal Civil Rights - Eighth Amendment - Substantial Risk of Serious Harm

According to CACI 3040, in case the plaintiff claims that the defendant subjected him to prison conditions that violated his constitutional rights he must be able to prove all of the following elements to establish the claim:

• While imprisoned, the plaintiff was placed in a cell block with rival gang members
• Defendant's conduct or failure to act created a substantial risk of serious harm to the plaintiff's health or safety
• Defendant knew that his conduct or failure to act created a substantial risk of serious harm to the plaintiff's health or safety
• Defendant disregarded the risk by failing to take reasonable measures to address it
• There was no reasonable justification for the defendant's actions
• Defendant was performing his official duties when he acted, purported to act or failed to act
• Plaintiff was harmed
• Defendant's conduct or failure to act was a substantial factor in causing harm to the plaintiff

42 U.S.C. § 1983 Violation of Prisoner's Federal Civil Rights - Eighth Amendment - Medical Care

According to CACI 3041, in case the prisoner claims that the defendant provided him with inadequate medical care in violation of his constitutional rights he must be able to establish the following elements to prove the claim.

• Plaintiff had a serious medical need
• Defendant knew that the plaintiff faced a substantial risk of serious harm if his medical need went untreated
• Defendant consciously disregarded that risk by not taking reasonable steps to treat the plaintiff's medical need
• Defendant was acting or purporting to act in the performance of his official duties
• Plaintiff was harmed
• Defendant's conduct was a substantial factor in causing harm to the plaintiff.

Serious medical need exists when the failure to treat a prisoner's condition can bring to further substantial injury or infliction of pain. The defendant can't be found responsible for services that he couldn't provide or cause to be provided because the necessary personnel, financial, and other resources could not be reasonably obtained or weren't available.

Deliberate Indifference

In prison-conditions cases, the prisoner must show that the defendant was deliberately indifferent to his safety or health. Deliberate indifference includes a two-part inquiry. First, the prisoner must be able to show that the prison official was aware of a substantial risk of serious harm but failed to act to address the danger. Second, the prisoner must be able show that the prison official had no reasonable justification for his conduct, despite that risk.

Trespassing is the legal term for when one person enters onto another person's land without legal right or permission to be there. The trespassing can be considered a crime, a civil wrong, or both depending on a particular case.

When a person trespasses onto another person's land and steals some personal property from the owner he can be charged with criminal trespass. When the trespasser breaks something on the homeowner's property he can be sued under civil tort law.

Elements of Trespass

• To establish this claim, the plaintiff must be able to prove the following elements
• The plaintiff owned, leased, occupied, controlled the property
• The defendant intentionally, recklessly or negligently entered the plaintiff's property or defendant intentionally, recklessly or negligently caused another person to enter the plaintiff's property
• The plaintiff didn't give his permission for the entry or that the defendant exceeded the plaintiff's permission
• The plaintiff was actually harmed
• The defendant's conduct was a substantial factor in causing harm to the plaintiff

What Kind of Acts Constitute Trespass?

Trespass can be committed intentionally, recklessly or negligently. If a trespasser doesn't know that the is deeded land, but with inquiry can find out, the trespass is negligent. Trespass requires some form of physical entry or contact with the plaintiff's land. That entry could be the defendant going onto the plaintiff's land, throwing or putting an object on it, causing a third person to enter onto the plaintiff's land or discharging some substance onto the land. Trespass also takes place when a person fails to leave the owner's property after permission to enter has been first given but then ended or revoked.

Legal Action Against a Trespasser

In case property was damaged by someone who committed a trespass the owner can take civil action. The owner can sue the trespasser even though the property was not damaged. In this case, the amount of compensation will be equal to the price that a reasonable person would pay for the right to pass over the land. The defendant can also ask for an injunction to stop the trespass from happening again.

Examples of Trespass

Here are some examples of trespass in California:

• A neighbor enters onto private property to cut vegetation or trees without the owner's permission. In similar cases, California law is especially strict. There are Civil code sections which allow for the recovery of treble damages for the loss of trees. The trespasser is liable for three times the value of the trees and punitive damages.
• A neighbor places a barrier or some other object on another person's property without permission. An injunction can be obtained in court to force the removal of the barrier in addition to damages.

Types of Damages for Trespass in California

A property owner or tenant has a legal right to get compensation for trespass to his land, and recover the following damages:

• Loss of market value
• Loss of use of the property
• Physical injury to the person or to the land
• Discomfort and annoyance
• Emotional distress
• Costs of restoration

What Does the Prosecutor Have to Prove to Convict a Defendant of Penal Code 240 Assault?

• Defendant acted willfully
• Defendant's act was a direct and probable result in the application of force to another person
• The defendant was aware that the act would likely result in the application of force to another person
• The defendant had present ability to apply the force.

What Does the Prosecutor Have to Prove to Convict a Defendant of Penal Code 242 Assault?

• Defendant unlawfully and willfully touched another person in an offensive or harmful manner.

Battery Penal Code Section 242 PC

Spousal Battery Penal Code Section 243 PC

• A current or a former spouse
• Cohabitant
• Parent of the child
• Someone he is or was engaged to

Corporal Injury on a Spouse or Cohabitant PC Section 273.5

What Does The Prosecutor Have to Prove To Convict a Defendant of Penal Code 273.5?

• The defendant inflicted corporal injury on a current of a former spouse, current or former partner, current or former cohabitant, parent of the child
• The defendant intentionally inflicted the injury
• As a result of the use of force the victim has suffered a traumatic condition, whether a serious or minor wound or any other injury to the body.

Los Angeles Criminal Defense Attorney

According to California Penal Code Section 350 it is prohibited to willfully manufacture, intentionally sell, or knowingly possess for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office.

Elements of California Penal Code 350

The prosecutor must be able to establish the following element to convict the defendant of manufacturing, sale, or possession for sale of counterfeit goods under PC Section 350:

• Defendant was in possession of counterfeit goods;
• While defendant was in possession, he had the intention to sell the counterfeit goods, or he had actually sold counterfeit goods, or manufactured counterfeit goods
• The counterfeit good contained a seal registered with the Secretary of State or the United States Patent and Trademark Office.

Legal Defenses to California Penal Code Section 350 Charges

• Defendant didn't know that he was in possession of counterfeit goods
• Defendant didn't know the goods were actually counterfeit but authentic
• Defendant didn't possess the goods for the purposes of sale but rather for personal use
• Defendant wasn't in legal possession of the goods
• The goods didn't contain a seal registered with the United States Patent and Trademark Office.

Penalties for Violating California Penal Code Section 350

Penalties for First Offense

Penalties for manufacturing or selling counterfeit marks under PC Section 350 depend on the value and the number of the counterfeit goods.

Manufacturing or selling counterfeit marks is a misdemeanor in case:

• The number of counterfeit items is less than 1,000
• Total value of counterfeit items worth less than $950

Penalties for a Misdemeanor Conviction Are the Following:

• Up to one year in a county jail
• Fine of up to $10,000 for individuals, and up to $200,000 for business entities
• Misdemeanor probation

Manufacturing or selling counterfeit marks is a wobbler in case:

• The number of counterfeit items is more than 1,000
• Total value of counterfeit items worth more than $950

Wobbler is a crime that can be charged as either a misdemeanor or felony, depending on the number of factors.

Penalties for a felony conviction are the following:

• Sixteen months, two years or three years in a county jail
• Fine of up to $500,000 for individuals, and up to $1,000,000 for business entities.
• Felony probation
• The court will additionally order the asset forfeiture of all of the counterfeit items and marks

Penalties for Second and Subsequent Offenses

In case the defendant has a prior conviction for manufacturing or selling counterfeit marks, then the second offense is always a wobbler even if the number of counterfeit goods is less than 1,000 and the value of counterfeit items is less than $950.

The penalties are the same as for a wobbler conviction with the exception in the amount of the fine:

• A fine of to $100,000 for individuals and $400,000 for business entities

The defendant will face harsher penalties if the manufacture or sale of the counterfeit items caused great bodily injury or death or to another person, who used the items, thinking that it was genuine. In that case, defendant always faces felony conviction with up to two, three or four years in a county jail.

According to 18 USC Section 1001 it is illegal to knowingly and willfully making any materially fictitious, false, or fraudulent statement or representation in any matter within the jurisdiction of the executive, judicial and legislative branch of the United States.

18 USC Section 100, proscribes three types of illegal conduct:

• Concealing, falsifying, or covering up of a material fact by any scheme, trick, or device
• Making a fraudulent statement or representation or false fictitious
• Using or making a false writing or document.

Elements of Crime

The government must be able to establish the following five elements beyond a reasonable doubt for convicting the defendant under 18 USC 1001.

• Defendant used or made a materially fictions false, or fraudulent statement, representation, or document
• Defendant made or used it knowingly and willfully
• The statement, document or representation was made regarding a matter within the US government's jurisdiction

Representation and Statement

In the context of 18 USC 1001 a statement, can be either written or oral. The representation or statement is not required to be legally mandated or be rendered under oath to violate 18 USC Section 1001. It also doesn't have to be received by the government or made directly to the government.

Willfulness

In the context of 18 USC Section 1001 charge, willfulness means that the defendant intentionally and voluntarily provided facts that were incorrect. Untrue statements or incorrect facts provided result of misunderstanding, confusion, honest mistakes, or faulty recollection don't rise to the level of willfulness.

Materiality

Prosecution for a violation of 18 USC Section 1001 requires proof of materiality.

The statement or representation must have a tendency to influence, or be capable of influencing the decision making body to which it is addressed. There is no requirement to prove that the decision maker body was in fact influenced or diverted.

Jurisdictional Element

Jurisdictional element means that the government must establish that the false statement or representation was made in regard to a matter within the US government's jurisdiction.

Courts have given broad interpretation to "jurisdiction" in this context to mean any area where the government has power to act or enforce regulations. Jurisdiction includes the healthcare, economy, education, and many other areas.

Defenses to 18 USC Section 1001 Charges

• Defendant didn't know the statement was false.

It is a valid defense if the defendant made a false statement because of an honest mistake, confusion, or a simple misunderstanding.

• Defendant's statement was not material.

The defense challenges whether a statement or representation is relevant or important enough for being considered material to a federal matter. A defense also applies when the false statement is not made within the government's jurisdiction or to a government agent.

The penalties for violation 18 USC Section 1001

• Up to 5 years in federal prison
• In case the crime involves international or domestic terrorism, human trafficking, or certain sex offenses, the defendant can receive up to 8 years in federal prison.
• A fine

Elements of Federal Health Care Fraud

• Defendant executed or attempted to execute a scheme to defraud any health care benefit program
• Fraud was connected with the delivery or payment of health care services or benefits
• Defendant acted knowingly and willfully

Defendant Executed or Attempted to Execute a Fraudulent Act

Acting Knowingly and Willfully

Health Care Benefit Program Fraud

Examples of Health Care Fraud

• Medicare and Medicaid fraud
• Billing fraud
• HIPAA (Health Insurance Portability and Accountability Act) violations
• Falsifying medical records
• Insurance fraud
• Kickbacks
• Unbundling
• Performing unnecessary procedures

Penalties for Violating 18 U.S. Code Section 1347

• Up to 10 years in federal prison
• Fines of up to $250,000 for individuals or fines of up to $500,000 for organizations

Federal Health Care Fraud Attorney