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Date: 10-28-2022

Case Style:

United States of America v. Joshua Hall

Case Number: 1:21-cr-00605

Judge: Gregory H. Woods

Court: United States District Court for the Southern District of New York (Manhattan County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:




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Description: New York City, New York criminal law lawyer represented Defendant charged with making threats to kill a member of the United States Congress.

Joshua Hall pled guilty to wire fraud for impersonating family members of the then-President of the United States on social media to fraudulently raise funds for a fictitious political organization (the “Fraud Scheme”). At the time HALL made the threats to kill a member of the United States Congress, he was on pretrial release pending sentencing for the Fraud Scheme.

U.S. Attorney Damian Williams said: “Joshua Hall made terrifying threats to the staff of a United States Congressman whom he disliked rather than attempting to effect change through any of the freedoms of expression that all Americans enjoy. These threats of violence endanger our public officials and thwart common decency, which is why this Office will continue to prosecute crimes like those committed by Joshua Hall.”

On or about August 29, 2022, HALL placed a series of telephone calls from in or around Yonkers, New York, to the California office of a member of the United States Congress (the “Congressman”). During those telephone calls, HALL conveyed threats to kill the Congressman to at least three different members of the Congressman’s staff (“Staff Member-1,” “Staff Member-2,” and “Staff Member-3”).

On a telephone call with Staff Member-1 and Staff Member-2, HALL stated, in substance and in part, that he had a lot of AR-15s; that he wanted to shoot the Congressman; that he intended to come to the Congressman’s office with firearms; and that if he saw the Congressman, he would kill him. He further stated, in substance and in part, that he wanted to “beat the shit out of” the Congressman and that he would find the Congressman wherever he was and hurt him. On a telephone call with Staff Member-3, HALL stated, in substance and in part, that he intended to come to the Congressman’s office to kill the Congressman with firearms.

18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION
(1)

Page 346TITLE 18—CRIMES AND CRIMINAL PROCEDURE§ 1343
1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for
‘‘Post Office Department of the United States’’.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–375 effective within 1 year
after Aug. 12, 1970, on date established therefor by
Board of Governors of United States Postal Service and
published by it in Federal Register, see section 15(a) of
Pub. L. 91–375, set out as an Effective Date note preced-
ing section 101 of Title 39, Postal Service.
§ 1343. Fraud by wire, radio, or television
Whoever, having devised or intending to devise
any scheme or artifice to defraud, or for obtain-
ing money or property by means of false or
fraudulent pretenses, representations, or prom-
ises, transmits or causes to be transmitted by
means of wire, radio, or television communica-
tion in interstate or foreign commerce, any
writings, signs, signals, pictures, or sounds for
the purpose of executing such scheme or arti-
fice, shall be fined under this title or imprisoned
not more than 20 years, or both. If the violation
occurs in relation to, or involving any benefit
authorized, transported, transmitted, trans-
ferred, disbursed, or paid in connection with, a
presidentially declared major disaster or emer-
gency (as those terms are defined in section 102
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)), or
affects a financial institution, such person shall
be fined not more than $1,000,000 or imprisoned
not more than 30 years, or both.

18:875C.F INTERSTATE COMMUNICATIONS - THREATS
(1s)

(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.
(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.


18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (AGGRAVATED IDENTITY THEFT)
(2)

(a) Whoever, in a circumstance described in subsection (c) of this section—

(1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document;

(2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority;

(3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents;

(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;

(5) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used;

(6) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority;

(7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; or

(8) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification;

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under subsection (a) of this section is—

(1) except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is—

(A) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be—

(i) an identification document or authentication feature issued by or under the authority of the United States; or

(ii) a birth certificate, or a driver's license or personal identification card;

(B) the production or transfer of more than five identification documents, authentication features, or false identification documents;

(C) an offense under paragraph (5) of such subsection; or

(D) an offense under paragraph (7) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;

(2) except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is—

(A) any other production, transfer, or use of a means of identification, an identification document,,1 authentication feature, or a false identification document; or

(B) an offense under paragraph (3) or (7) of such subsection;

(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed—

(A) to facilitate a drug trafficking crime (as defined in section 929(a)(2));

(B) in connection with a crime of violence (as defined in section 924(c)(3)); or

(C) after a prior conviction under this section becomes final;

(4) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism (as defined under section 2331(5) of this title) or an act of international terrorism (as defined in section 2331(1) of this title);

(5) in the case of any offense under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offense; and

(6) a fine under this title or imprisonment for not more than one year, or both, in any other case.

(c) The circumstance referred to in subsection (a) of this section is that—

(1) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document;

(2) the offense is an offense under subsection (a)(4) of this section; or

(3) either—

(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or

(B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.

Outcome: Defendant pled guilty.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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