Being investigated or charged with a federal crime can be very different from facing a typical state criminal charge.
Federal investigations may involve agencies such as the FBI, DEA, IRS, SEC, or other federal authorities, and cases are prosecuted in federal court. Attorney Adam Burke’s federal criminal defense practice focuses on representing people facing federal charges in the Southern District of Ohio.
Federal charges can involve significant prison sentences, substantial fines, forfeiture, restitution, and other consequences. The exact punishment depends on the federal statute involved, the facts of the case, the defendant’s criminal history, the amount of loss or drugs involved, and applicable sentencing rules.
If you or someone you know is facing a federal investigation or charge, understanding the potential consequences is an important first step.
What Is a Federal Criminal Charge?
A federal crime is an offense prosecuted under federal law rather than solely under state law.
Some conduct can potentially violate both federal and state law. Whether the federal government becomes involved depends on factors such as federal jurisdiction, the nature of the alleged conduct, interstate activity, federal interests, and the involvement of federal agencies.
Federal cases may involve:
- White-collar crimes
- Fraud
- Money laundering
- Identity theft
- Cyber crimes
- Drug trafficking
- Drug possession
- Drug conspiracy
- Tax offenses
- Bribery
- Public corruption
- Embezzlement
- RICO-related offenses
- Asset-forfeiture proceedings connected with a criminal case (forfeiture is a legal remedy rather than a criminal charge in its own right)
Attorney Adam Burke’s federal charges page specifically identifies these categories among the federal matters his practice handles.
How Serious Are Federal Criminal Charges?
Federal criminal charges can carry significant penalties.
Unlike a simple state-level classification such as a misdemeanor or felony, the potential punishment for a federal offense depends on the specific statute.
A conviction can potentially result in:
- Federal prison
- Substantial fines
- Restitution
- Supervised release
- Asset forfeiture
- Home detention or community confinement
- Other court-ordered restrictions
The Federal Sentencing Guidelines can also play an important role in determining the sentencing range in many federal cases.
The exact sentence cannot be determined simply by knowing the general name of the crime.
Federal Fraud Charges
Federal fraud offenses cover a wide range of conduct.
Depending on the facts, federal prosecutors may pursue allegations involving:
- Bank fraud
- Wire fraud
- Mail fraud
- Healthcare fraud
- Mortgage fraud
- Securities fraud
- Credit card fraud
- Tax fraud
- Internet fraud
- Business fraud
- Insurance fraud
- Identity-related fraud
The potential sentence depends on the specific statute.
Wire Fraud — 18 U.S.C. § 1343
Wire fraud generally involves using interstate or foreign communications or other qualifying means to further a scheme to defraud (18 U.S.C. § 1343).
A violation can carry up to 20 years in federal prison, along with a fine. If the violation affects a financial institution or involves a presidentially declared major disaster or emergency, the maximum increases to 30 years and a fine of up to $1 million.
Because wire fraud cases can involve large alleged losses, sentencing can also be affected by the amount of loss under the Federal Sentencing Guidelines.
Bank Fraud — 18 U.S.C. § 1344
Federal bank fraud is a serious financial offense.
Depending on the circumstances, a conviction under 18 U.S.C. § 1344 can carry up to 30 years in prison and a fine of up to $1 million.
The exact consequences depend on the specific conduct and applicable statutory provisions.
Mail Fraud — 18 U.S.C. § 1341
Mail fraud involves using the mails in connection with a scheme to defraud (18 U.S.C. § 1341).
A violation can generally carry up to 20 years in federal prison, with enhanced penalties possible in certain circumstances, including a 30-year maximum and up to a $1 million fine when the violation affects a financial institution or involves a presidentially declared major disaster or emergency.
Federal Money Laundering Charges
Money Laundering — 18 U.S.C. § 1956
Federal money laundering law addresses certain financial transactions involving proceeds of specified unlawful activity (18 U.S.C. § 1956).
A conviction under § 1956 can carry up to 20 years in prison.
The statute also provides for a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment, or both.
Money laundering charges can be especially serious when they are connected to an underlying fraud, drug, or other federal offense.
Federal Identity Theft Charges
Aggravated Identity Theft — 18 U.S.C. § 1028A
Aggravated identity theft can result in an additional mandatory prison term when the statutory requirements are met (18 U.S.C. § 1028A).
Under § 1028A, a qualifying aggravated identity theft offense generally requires an additional 2-year term of imprisonment on top of the punishment for the underlying felony. Certain terrorism-related offenses can carry an additional 5-year term.
This is important because the identity-theft sentence can be imposed in addition to the punishment for the underlying felony, and it generally must be served consecutively to that sentence.
Federal Drug Charges
Federal drug cases can involve:
- Drug possession
- Possession with intent to distribute
- Drug trafficking
- Drug manufacturing
- Drug importation
- Drug conspiracy
The potential punishment depends heavily on the controlled substance, quantity, prior convictions, and circumstances of the alleged offense.
Federal Drug Possession — 21 U.S.C. § 844
Simple possession of a controlled substance is addressed under federal law by 21 U.S.C. § 844.
The potential sentence depends on the substance and prior qualifying convictions.
For certain simple-possession offenses, imprisonment can be up to 1 year for a first offense, with increased penalties for qualifying repeat offenses.
Certain substances and circumstances have different statutory consequences, so the exact charge should always be reviewed rather than relying on a general “drug possession” label.
Federal Drug Trafficking — 21 U.S.C. § 841
Federal drug trafficking is one of the areas where the potential sentence can become extremely serious.
Under 21 U.S.C. § 841, penalties depend on the drug, quantity, prior qualifying convictions, and whether death or serious bodily injury resulted.
For example, certain high-quantity trafficking offenses can carry:
- 10 years to life in prison
- Higher mandatory minimums for qualifying prior convictions
- Up to $10 million in fines for an individual in certain cases
- Life imprisonment in some circumstances involving death, serious bodily injury, or qualifying prior convictions
Other quantities and controlled substances have different sentencing ranges.
Federal Drug Conspiracy
A federal drug conspiracy charge can be particularly important because the government’s allegations may involve drugs handled by other members of the alleged conspiracy.
The applicable penalties can depend on the underlying drug offense and the quantity attributed under the applicable law and sentencing rules.
This means a person does not necessarily face consequences based only on the drugs they personally possessed.
Federal RICO-Related Offenses
Federal RICO laws (18 U.S.C. §§ 1961–1968) can apply to certain organized criminal activity.
Potential allegations can involve:
- Racketeering
- Extortion
- Money laundering
- Bribery
- Obstruction
- Witness tampering
- Certain gambling offenses
- Other qualifying predicate acts
The potential consequences depend on the specific RICO provision and underlying conduct.
Because RICO cases can involve multiple alleged acts and multiple defendants, they can become legally and factually complex.
Federal Cyber and Computer Crimes
Federal computer-related offenses can involve allegations such as:
- Unauthorized computer access
- Computer fraud
- Identity-related offenses
- Unauthorized access to protected systems
- Online financial schemes
The applicable federal statute and potential sentence depend on exactly what conduct is alleged.
The federal charges page for Attorney Adam Burke identifies computer and cyber crimes among the white-collar matters handled by the practice.
Federal Tax Crimes
Federal investigations can also involve allegations concerning:
- Tax fraud
- Tax evasion
- False tax filings
- Failure to report income
- Other federal tax offenses
Potential penalties depend on the specific Internal Revenue Code provision involved and the circumstances.
A tax investigation can also involve both civil and criminal components.
Federal Bribery and Public Corruption
Federal bribery and public corruption cases can involve allegations against public officials, businesses, intermediaries, or other individuals.
Potential consequences can include:
- Federal prison
- Fines
- Restitution
- Forfeiture
- Other court-ordered penalties
The exact punishment depends on the federal statute charged and the facts of the case.
Federal Embezzlement Charges
Federal embezzlement allegations can arise in different contexts depending on the property involved and federal jurisdiction.
Potential consequences can include prison, fines, restitution, and forfeiture.
The exact federal statute is important because there is no single federal “embezzlement penalty” that applies to every case.
What Is Federal Conspiracy?
A federal conspiracy charge generally involves an alleged agreement to commit a federal offense, together with the elements required by the particular conspiracy statute.
Conspiracy allegations can be especially significant because prosecutors may attempt to establish the involvement of multiple people in a broader scheme.
The possible punishment depends on the specific conspiracy statute and the underlying offense.
Can Federal Charges Result in Life in Prison?
Yes, certain federal offenses can carry life imprisonment.
Drug-trafficking offenses are one example where particular quantities, prior qualifying convictions, or death or serious bodily injury can result in extremely severe statutory penalties.
However, not every federal charge carries a life sentence.
The exact statute, quantity, prior record, sentencing provisions, and facts must be examined before determining the potential exposure.
How Much Money Can a Federal Criminal Charge Cost?
Federal criminal cases can involve several different financial consequences.
Depending on the offense, these may include:
- Criminal fines
- Restitution
- Forfeiture
- Costs associated with the investigation or prosecution
- Other court-ordered financial obligations
For example, federal money laundering law under 18 U.S.C. § 1956 allows a fine of up to $500,000 or twice the value of the property involved, whichever is greater, for qualifying violations.
Drug-trafficking statutes can also authorize substantial fines, with the amount depending on the substance, quantity, defendant’s status, and specific statutory provision.
Why Federal Sentencing Is Different
Federal sentencing is not determined simply by looking at the name of the crime.
The court may consider the applicable federal statute and, in many cases, the United States Sentencing Guidelines.
Factors that can affect sentencing may include:
- Specific offense conduct
- Amount of financial loss
- Drug quantity
- Defendant’s role
- Prior criminal history
- Obstruction of justice
- Acceptance of responsibility
- Number of victims
- Specific enhancements
- Mandatory minimum provisions
This is why two people charged with similar federal offenses may not necessarily receive the same sentence.
What Happens During a Federal Investigation?
Federal criminal cases often begin before formal charges are filed.
Attorney Adam Burke’s federal charges page notes that federal cases may begin as investigations conducted by agencies such as the FBI, IRS, DEA, or SEC.
A person may become aware of an investigation through:
- A subpoena
- Interview request
- Search warrant
- Grand jury activity
- Contact from federal agents
- A target or subject letter
- Another investigative action
An investigation does not automatically mean that charges will ultimately be filed.
What Should You Do If You Are Under Federal Investigation?
Do not assume that an investigation will simply disappear.
If federal agents contact you, it is important to understand your rights and legal position before making substantive statements.
Attorney Adam Burke’s federal defense page specifically warns that federal matters often begin as parallel civil investigations, in which many of the protections available to criminal defendants do not apply, and that people involved in these investigations can potentially incriminate themselves while attempting to resolve the civil matter on their own.
Speaking with a federal criminal defense attorney early can help you understand the situation and available legal options.
What Happens After Federal Charges Are Filed?
Once federal charges are filed, the case can proceed through several stages.
Depending on the circumstances, the process may involve:
- Arrest or summons
- Initial appearance
- Detention or release decision
- Indictment
- Arraignment
- Discovery
- Motions
- Plea negotiations
- Trial
- Sentencing
Not every federal case follows exactly the same path.
Can Federal Charges Be Dismissed?
A federal charge does not automatically mean that a conviction will occur.
Depending on the evidence and legal circumstances, a defense may involve:
- Challenging the government’s evidence
- Suppression motions
- Constitutional challenges
- Attacking the elements of the offense
- Challenging witness credibility
- Disputing loss calculations
- Challenging drug quantities
- Negotiating a resolution
- Preparing for trial
The appropriate strategy depends on the individual case.
What Is a Mistake of Fact Defense?
Attorney Adam Burke’s federal charges page discusses mistake of fact as a potential defense in certain circumstances.
The basic concept is that a person may lack the required knowledge or intent for a particular offense because of a reasonable mistake concerning a fact.
However, whether this defense applies depends on the elements of the specific federal offense.
It is not a general defense to every federal crime.
Why Evidence Matters in a Federal Case
Federal prosecutors must prove the elements of the charged offense.
Evidence may include:
- Emails
- Financial records
- Bank records
- Phone records
- Computer data
- Surveillance
- Witness testimony
- Drug evidence
- Government documents
- Statements
- Search-warrant evidence
A defense attorney can examine how evidence was obtained, whether it is reliable, and whether the government can establish the elements required for conviction.
What Happens If a Federal Case Goes to Trial?
A federal criminal trial can involve:
- Jury selection
- Opening statements
- Government witnesses
- Cross-examination
- Documentary and physical evidence
- Defense evidence
- Closing arguments
- Jury deliberation
- Verdict
The government has the burden of proving the defendant guilty beyond a reasonable doubt.
Why Choose a Federal Criminal Defense Attorney?
Federal criminal cases can involve complex statutes, procedural rules, sentencing guidelines, and investigative agencies.
Attorney Adam Burke’s practice focuses on federal criminal defense in the Southern District of Ohio and states that the firm works with clients to understand their charges and develop a defense strategy based on the circumstances of the case.Â
What Should You Bring to a Federal Attorney Consultation?
If you are meeting with a federal criminal defense attorney, bring any documents connected to the investigation or case.
These may include:
- Subpoenas
- Indictments
- Criminal complaints
- Search warrants
- Summonses
- Letters from federal agencies
- Court documents
- Financial records
- Relevant emails
- Text messages
- Other evidence
Do not delete or alter potentially relevant information.
What Are the Potential Consequences of a Federal Conviction?
Depending on the offense, a federal conviction can potentially result in:
- Prison
- Fines
- Restitution
- Supervised release
- Forfeiture
- Home detention
- Community confinement
- Other restrictions
The consequences can extend beyond the sentence itself and may affect employment, finances, professional licensing, immigration status, and other aspects of life.
How Long Could You Go to Federal Prison?
There is no single prison term for “federal charges.”
The potential exposure depends on the exact statute.
For example:
- Wire fraud — 18 U.S.C. § 1343: potentially up to 20 years for a standard violation, and up to 30 years if the offense affects a financial institution or involves a declared major disaster or emergency.
- Bank fraud — 18 U.S.C. § 1344: potentially up to 30 years.
- Money laundering — 18 U.S.C. § 1956: potentially up to 20 years.
- Aggravated identity theft — 18 U.S.C. § 1028A: generally an additional mandatory 2 years when the statute applies, served consecutively to the sentence for the underlying felony.
- Certain federal drug-trafficking offenses — 21 U.S.C. § 841: can carry mandatory minimums and maximums ranging from years to life depending on drug type, quantity, prior qualifying convictions, and other circumstances.
These are statutory possibilities, not predictions of what a particular defendant will receive.
Final Thoughts
Federal criminal charges should be taken seriously.
A federal investigation can involve agencies such as the FBI, DEA, IRS, or SEC, and a conviction can potentially result in substantial prison time, fines, restitution, and forfeiture.
The most important thing is to understand the exact federal statute, the elements of the offense, the potential statutory penalties, and how the Federal Sentencing Guidelines may apply.
Whether the case involves fraud, money laundering, identity theft, drug trafficking, conspiracy, or another federal offense, the facts of the individual case matter.
If you are facing a federal investigation or charge in Columbus or the Southern District of Ohio, obtaining advice from a federal criminal defense attorney can help you understand your legal options and prepare an appropriate defense. Phone: 614-280-9122
Frequently Asked Questions
What are federal criminal charges?
Federal criminal charges are offenses prosecuted under federal law in federal court. Some conduct may potentially be prosecuted under both state and federal law depending on jurisdiction and circumstances.
How much prison time can you get for a federal crime?
It depends on the exact federal statute. Some offenses carry maximum terms of several years, while others can carry 20, 30 years, or even life imprisonment.
What is the fine for a federal crime?
There is no single federal fine. The maximum fine depends on the specific statute and circumstances. Some federal statutes authorize fines of hundreds of thousands or millions of dollars.
How long can you go to prison for federal drug trafficking?
The sentence depends on the controlled substance, quantity, prior qualifying convictions, and other circumstances. Certain offenses under 21 U.S.C. § 841 can carry mandatory minimum terms ranging from 5 or 10 years to life imprisonment.
What is the penalty for federal money laundering?
A qualifying violation of 18 U.S.C. § 1956 can carry up to 20 years in prison and a fine of up to $500,000 or twice the value of the property involved, whichever is greater.
How long can you go to prison for aggravated identity theft?
Under 18 U.S.C. § 1028A, qualifying aggravated identity theft generally carries an additional mandatory 2-year prison term on top of the punishment for the underlying felony.
Can a federal criminal case be dismissed?
Potentially. The outcome depends on the evidence, legal issues, procedural history, and circumstances of the case. A defense attorney can evaluate whether dismissal, suppression, negotiation, or trial may be appropriate.
Does every federal investigation lead to criminal charges?
No. A federal investigation does not automatically result in a criminal prosecution.
What federal cases does Adam Burke handle?
The firm’s federal practice includes white-collar crimes, fraud and money laundering, financial crimes, drug possession and trafficking, conspiracy, computer crimes, identity theft, bribery, public corruption, embezzlement, tax offenses, and other federal criminal matters.
Where does Adam Burke handle federal cases?
Attorney Adam Burke’s federal criminal defense practice is based in Columbus, Ohio and focuses on federal cases in the Southern District of Ohio.
Legal Disclaimer
This article provides general information about federal criminal charges and criminal defense and is not legal advice. Reading this article does not create an attorney-client relationship. The laws, penalties, and procedures applicable to a particular criminal matter depend on the specific facts, charges, jurisdiction, and relevant law. Anyone facing a criminal investigation or charge should consult a licensed attorney regarding their individual situation. Statutory references in this article were checked against the United States Code as of September 2026; statutes are amended from time to time, and the current version of any statute should be consulted.