Federal Indictments

Federal Indictments and Informations 

Hey there, let’s talk about two ways the feds can come after you for a white collar crime: federal indictments and federal informations. Both serve to officially notify you of the charges and kickstart the criminal proceedings, but they have different procedures and uses. Let’s break it down.

What is a Federal Indictment?

Definition: An indictment is a formal charge for a serious crime, issued by a grand jury.

The Grand Jury Process

• Grand Jury Composition: A grand jury typically consists of 16 to 23 citizens who review evidence presented by federal prosecutors.
• Proceedings: These are conducted in secret. The grand jury determines if there’s probable cause to believe a crime has been committed.
• Evidence Presentation: Prosecutors lay out the evidence, including witness testimony and documents. The defense doesn’t get a say here.
• Indictment Issuance: If the grand jury finds probable cause, they return a “true bill,” and an indictment is issued. If not, it’s a “no bill,” and no charges are filed.

Purpose and Usage

• Serious Offenses: Indictments are typically used for serious felony charges, including complex and high-profile fraud cases.
• Constitutional Requirement: The Fifth Amendment requires federal felony charges to be brought by indictment unless the defendant waives this right.

Example: Securities Fraud

Imagine you’re accused of insider trading or falsifying financial statements. The feds present their case to a grand jury. If the jury finds probable cause, they’ll indict you on securities fraud charges.

What is a Federal Information?

Definition: An information is a formal criminal charge filed directly by a federal prosecutor without involving a grand jury.

The Filing Process

• Prosecutor’s Role: The prosecutor drafts and files the information with the court, detailing the charges against you.
• Defendant’s Waiver: For felonies, you must waive your right to a grand jury indictment for an information to be used. This is often part of a plea agreement.

Purpose and Usage

• Misdemeanors and Plea Agreements: Informations are common for misdemeanors and cases where you agree to plead guilty as part of a negotiated plea deal.
• Efficiency: Using an information streamlines the process, avoiding the time and expense of convening a grand jury, especially when you’re cooperating with the authorities.

Example: Plea Deal for Fraud

Say you’re caught up in a fraud case and agree to plead guilty in exchange for a reduced sentence. The prosecutor might file an information charging you with the agreed-upon offense, bypassing the grand jury and speeding things up.

Key Differences

Issuing Authority

• Indictment: Comes from a grand jury after they review the prosecutor’s evidence.
• Information: Filed directly by a federal prosecutor, with your consent for felonies.

Usage

• Indictment: Required for serious felony charges unless you waive this right.
• Information: Used for misdemeanors and felonies when you waive the grand jury, often as part of a plea deal.

Procedure

• Indictment: Involves a grand jury’s secret deliberations to determine probable cause.
• Information: Involves a prosecutor filing charges directly with the court, usually with your consent.

Conclusion

So, both indictments and informations are ways to formally charge you with federal crimes, including fraud. An indictment is the more traditional, formal route involving a grand jury and is used for serious felonies. An information is a more streamlined process, often used for misdemeanors or when you’re cooperating and waiving your grand jury rights. Knowing the difference can help you navigate the federal criminal justice system more effectively.