Boise Criminal Lawyers - Criminal Defense Attorneys - Crime in Federal Court

Crime in Idaho exists but big time crime isn't often seen in our big state with a small population.  So, it was exciting to criminal lawyers and the general public as well when last year southern Idaho was thrown into the spotlight.  Jay Shaw, an Owhyee County rancher was arrested with a drama to rival Hawaii 5-O - Book 'em Danno!  What did this small town rancher do to have ATF descend upon his homestead?  Shaw's true identity and nature of his crime was quickly revealed and news spread across the state like an Idaho wildfire.  He was the accused mobster, Enrico Ponzo wanted for identity theft and illegal possession of firearms, not to mention for violent crimes associated with his life as a mobster.

Ponzo was indicted in Boise on Tuesday in Federal Court on multiple counts of unlawfully possessing firearms and identity theft.  As a Boise Criminal Lawyer the big question I keep getting is why is Ponzo being tried in Federal Court instead of an Idaho State Court?

The U.S. Attorney has indicted Ponzo in Federal Court because his crimes cross state lines.  Also, while there are state laws regulating gun control, the ATF (Bureau of Alcohol, Tobacco and Firearms) regulates Federal law for possessing firearms.  If a crime is committed in within the borders of a state the state law applies but can also be subject to Federal Laws if the underlying possession of the firearms are illegal.

Ponzo's crimes, according to the federal prosecuting attorneys include unlawfully possessing 34 firearms, and identification documents used for identity theft.  The federal criminal lawyers also say that Ponzo hid for 15 years in Idaho and funded his new identity through drug activity and lived a life of fraud and identity theft.  Prior to hiding in Idaho, Ponzo was purported to be was a big city mobster who killed as part as his role in the mob.  For all of you who remember, the illusive Al Capone wasn't brought down because of mobster activity like murder, he was convicted of tax evasion.  Looks like Ponzo will follow a similar fate.