A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) A fraudulent transfer of a debtor`s assets or for which the debtor receives less than the value of the transferred assets. Codified in 18 U.S.C. § 3553(f), this provision allows the court to convict a defendant without regard to a mandatory minimum custodial sentence otherwise applicable to certain types of drug-related offenses if the defendant meets all five criteria of the Act. A corresponding provision is USSG §5C1.2. In addition, section 2D1.1(b)(17) provides for a 2-step reduction in the rate of offence for defendants who meet the safety valve criteria, whether or not they are subject to a mandatory minimum penalty. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. A sentence for a conviction that a court orders a defendant to serve at the same time as the defendant`s sentence for another conviction. A sentence can be in whole or in part at the same time. A person or company that files a formal complaint with the court. Changing the header of an email so that it appears to come from a legitimate or trusted source. A hacker could change the header of their email so that it appears to come from the victim`s bank. Internet Protocol (IP) spoofing is the version of a computer in which a packet is sent to a computer, changing the IP address to mimic a trusted host in the hope that the packet will be accepted and grant the sender access to the destination computer.
A bailiff of the United States District Court who is the competent judicial officer in federal bankruptcy cases. A sentence outside the scope of the policy according to the Orientation Manual. Part K of Chapter Five lists the factors that may justify a deviation, and other deviations are listed throughout the Guidance Manual. However, there may be other reasons for derogation that are not mentioned in the guidelines. Deviations may be higher or lower than the guideline. The most commonly used gap is the downward gap, which is based on the respondent`s substantial support for the government in investigating or prosecuting others. Essential help can be found in §5K1.1 of the Guidelines Manual. A type of malware programmed to hide on a target computer or server and send information back to the master server. The data spyware looks for often includes login and password credentials, bank account information, and credit card numbers. The legal power of a court to hear and decide a particular type of case.
It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. A sentence for criminal conduct that is not part of the relevant conduct imposed prior to conviction for the immediate offence. See USSG §4B1.2(a). An attempt to commit a crime without success. An attempt may be punished in the same way as if the accused had succeeded in committing the crime. If a person is abducted, taken hostage or illegally tied up in order to facilitate the commission of a crime or to facilitate escape from the crime scene, an upward deviation may be justified (§5K2.4). If a person is convicted of a kidnapping offence, they may be convicted under the abduction policy of §2A4.1. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. Intrusion into a secure computer system, often to cause damage or obtain financial gain.
However, cracking is also used to protest government policies or make social statements. A court officer who is responsible for supervising a person who has been charged with a federal offence and who has been released on bail while that person awaits trial or conviction. Payment of a debt to a creditor within 90 days prior to a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. A defendant is a professional offender if (1) the defendant has been convicted in federal court for a violent crime or drug trafficking offense committed as an adult, and (2) has at least two previous convictions for a violent crime or drug trafficking offense, or both, that receive offences under the Guidelines. A professional offender`s policies must normally be equal to or close to the statutory maximum for his or her federal conviction. Supervision of an offender by an investigator or probation officer, whether awaiting trial or sentencing or after serving a custodial sentence.