When it comes to white-collar crimes, it is important to know that you could face charges in both state and federal courts. This situation arises under the “dual sovereignty doctrine.” In this blog, we will explore this concept and how it affects white-collar crimes.
The dual sovereignty doctrine
The dual sovereignty doctrine permits state and federal governments to prosecute the same individual for the same act. This might seem like a violation of the Double Jeopardy Clause of the U.S. Constitution.
Yet the Double Jeopardy Clause only prevents multiple prosecutions by the same “sovereign.” Since state and federal governments are separate entities, they can each pursue charges for the same crime.
Why both jurisdictions get involved
A crime can break both state and federal laws for several reasons. For example, white-collar crimes like fraud, often involve activities crossing state lines. Consider a case where someone commits securities fraud impacting investors in multiple states. Both state and federal authorities might want to prosecute the offender.
Real world examples
The case of Michael Vick illustrates how both state and federal authorities prosecuted the same crime. Federal authorities charged Vick for running an interstate dogfighting business. He was sentenced to 23 months in federal prison. Later, Virginia prosecuted him for the same dogfighting ring. Though it might seem like double jeopardy, it was not, because federal and state courts are distinct.
Committing a white-collar crime can lead to charges in both state and federal courts. If you face such charges, it is advisable to consult an attorney with experience in state and federal laws to manage the complex legal situation successfully.