immigration citizenship identity-theft
special counsel indictments
<p>Sixteen counts of conspiracy to defraud the US Government <a href="https://www.justice.gov/usam/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us" rel="nofollow noreferrer">https://www.justice.gov/usam/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us</a> by obstructing official activities of the DOJ and the FEC were recently released by the Special Counsel Robert Mueller against Russian citizens, whom apparently used identity theft and basic impersonation and wire fraud to obtain funds and promote a particular political candidate.</p>

<p>Are individuals who illegally enter the U.S. and obtain the most basic funding and use it to promote a political agenda able to be prosecuted under the same legal theory? </p>

<p>Can millions of these individuals be indicted?</p>

<p>Because they benefit from a perceived relaxation in the enforcement of immigration laws and obtain access to public benefits, can they be implicated in a conspiracy to defraud and obstruct the FEC?</p>

<blockquote>
  <p>Can millions of these individuals be indicted?</p>
</blockquote>

<p>Yes, they can indicted. Anyone (as an individual or a group who conspires) who commits a crime can be indicted. (But, it's a fantasy to think that millions would be indicted as part of a conspiracy.)</p>

<p>The reason many people are not indicted for crimes is because they are not caught by law enforcement (LE) or because of the lack of the sheer numbers of LE required to pursue all criminals. And, if criminals are caught, the reason they may or may not be indicted is either prosecutorial discretion, i.e., a prosecutor decides not to indict because the crime isn't very serious. Or, probably much more relevant, is that there simply are not enough personnel in a county or state attorney's office to prosecute everyone who could be indicted. Prosecutors must oftentimes make decisions on who to indict and consider their available time, the seriousness of the crime, the available evidence and the possibilities of the success of their indictments.</p>

<p>And, of course, politics sometimes comes into play; prosecutors may or may not pursue indictments because of political expediency, i.e. deporting an model citizen who also happens to be in the country illegally. But political pressure can work both ways, for and against prosecutorial discretion. Depending on your persuasion, it's either a bug or a feature in our legal system. But political influence and public opinion can also lead to changes in the legal system, as it is the representational branch of our governmental system that legislates the laws that the judicial system uses and enforces. If enough criminals are not indicted for a particular crime, and social or political pressure comes to bear, chances are good the legislative branch will take action. That's the way the system works.</p>
