Under federal law, it is a serious crime for a government employee to reveal confidential information. Those who are accused of this crime face imprisonment, fines and mandatory expulsion from their position. Having a strong defense is crucial to avoiding these types of drastic consequences, so if you have been accused of disclosing confidential government information, you should retain an experienced white collar crime lawyer who can start working on your own defense.
Who Can Be Prosecuted?
Only those who fill certain charges can be charged with revealing confidential information. This includes:
- Officials or employees of the United States;
- Any person acting on behalf of the Federal Housing Finance Agency;
- Any agent of the Department of Justice (DOJ);
- Any employee of a private sector organization that was assigned to a government agency.
If any of these persons publishes, discloses or discloses any information that has come to them during the course of their employment or official duties, they may be charged with unlawful disclosure. However, for a person to be charged with this crime, the information must relate to that of another person or corporation:
- Business secrets;
- Work style;
- Confidential statistical data;
- Amount or source of income;
- Losses; or
Before a person can be convicted of revealing this type of confidential government information, prosecutors must demonstrate that the defendant:
- He was an official or employee of the United States government;
- I disclose confidential information;
- He knew that the information was confidential and that disclosure was prohibited.
If the government cannot establish these three factors, a defendant cannot be convicted of revealing confidential information.
Potential Consequences of Conviction
Government employees and officials are also prohibited from allowing anyone to view or examine an income statement that came into their possession in the course of their employment. In fact, anyone who voluntarily releases a tax return or tax return information will be charged with a felony, punishable by a fine of $ 5,000 and imprisonment of up to five years. This even applies to former officers and employees. Those convicted of this crime will also be required to pay court costs and if they are current government employees or officials, they must be dismissed from the charge or discharged.
Finally, anyone who receives unauthorized returns and chooses to print or publish that information can also be charged under this statute. Even offering something of material value in exchange for tax return information is a felony, so anyone accused of committing this crime should speak to a white collar crime lawyer who can protect their rights and represent their interests in the court room.
Schedule a Meeting with an Expert White Collar Crime Lawyer Today
If you have been accused of disclosing confidential information and have questions about criminal defense litigation or white collar crime in general, please call Jeffrey S. Weiner, PA, Criminal Defense Attorneys at (305) 670-9919 to set up a consultation. free, a member of our legal team can evaluate your case. Our Miami white collar crime attorneys have the experience and resources to fight for the rights of our clients.