The National Security Division within the Central District of California is a standout entity among U.S. Attorney's Offices. It is uniquely dedicated to pursuing federal crimes that have the potential to affect or compromise national security. Its mandate is to address evolving threats both domestically and internationally, making it a crucial component of the U.S. Department of Justice (DOJ).
The AUSAs in this division, renowned for their expertise, handle some of the most complex cases in the nation. Their deep knowledge and experience not only in prosecuting crimes but also in prevention and disruption ensure they can counter threats effectively before they materialize into larger dangers, providing a sense of security to the public.
Simply put, the NSD at the DOJ prosecutes crimes that affect or relate to national security, including terrorism, espionage, export control violations, and cybercrimes.
They also handle cases involving foreign influence, sanctions evasion, and other matters that pose a threat to U.S. national security. They prosecute individuals and organizations involved in terrorist acts, whether domestic or abroad, and those who provide material support to terrorism.
The NSD also focuses on sabotage and unauthorized disclosure of classified information. They investigate and prosecute the illegal export of military and strategic technologies, as well as violations of economic sanctions. The NSD consists of two primary sections:
- The Cyber & Intellectual Property Crimes Section, which addresses sophisticated cybercrime and intellectual property violations.
- The Terrorism and Export Crimes Section, which tackles terrorism-related offenses, espionage, and export control violations.
Cyber & Intellectual Property Crimes Section
The pace of technological advancement has brought immense benefits but also significant challenges, particularly in the realm of cybercrime. The Cyber and Intellectual Property Crimes Section of the NSD specializes in investigating and prosecuting crimes that occur in digital and virtual spaces. Its scope includes:
- Nation-State Cybercrime: This refers to cyber operations initiated or sponsored by foreign governments aimed at compromising U.S. national security or infrastructure.
- Cybercriminal Infrastructure: The section targets individuals and groups that provide the tools and networks enabling large-scale cybercriminal activities. They address malicious cyber activity, including computer network intrusions, attacks, and cyber espionage, particularly those sponsored by nation-states.
- Economic Espionage: Instances where cyber actors steal trade secrets, proprietary technologies, or intellectual property to benefit themselves or foreign competitors fall under this jurisdiction. They combat efforts by foreign governments to interfere in U.S. affairs, including through disinformation campaigns and lobbying activities.
- Cyberstalking and Digital Harassment: Although this division has a more technical focus, it also addresses cases of online stalking and harassment.
This section plays a proactive role in dismantling digital tools and networks, often working with international partners to neutralize cross-border threats. Its objectives aren't limited to prosecution but extend to disrupting malicious cyber activities before they yield real-world consequences.
Terrorism and Export Crimes Section
The Terrorism and Export Crimes Section handles some of the highest-stakes cases prosecuted by the National Security Division. The crimes investigated and prosecuted under this section are primarily aimed at thwarting attempts to harm the U.S. and its citizens at both national and international levels.
18 U.S.C. 2331(5) says, "the term "domestic terrorism" means activities that (a) involve acts dangerous to life in violation of the criminal laws of the United States or any state; (b) appear to be intentional to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or to affect the conduct of a government using mass destruction, assassination, or kidnapping; and occur primarily within the United States."
Key areas this section covers include:
- International and Domestic Terrorism: Prosecutors in this section address threats from international organizations, such as those linked to foreign terrorist groups, as well as domestic actors involved in ideologically driven violence.
- Espionage: Activities involving the unlawful gathering, distributing, or sharing of sensitive government or military information fall under the scope of this section.
- Foreign Malign Influence: Efforts by foreign entities to interfere with U.S. political, social, or economic systems, including election interference, are prosecuted aggressively.
- Export Control Violations and Economic Sanctions: This section ensures compliance with U.S. export control laws and sanctions by prosecuting those who work to circumvent these critical safeguards.
Prosecutors in this section collaborate with federal law enforcement agencies, such as the FBI and the Department of Homeland Security, to prevent, detect, and disrupt threats before they occur.
Given the negative and troubling effects of terrorism on the general population, punishments for a domestic terrorism conviction can be severe, underscoring the need for effective legal representation in such cases.
The federal government takes acts and threats of terrorism more seriously than nearly any other crime, and prosecutors are known to push for the maximum sentence whenever possible.
The High Stakes of National Security-Related Crimes
If you find yourself suspected of a crime under the purview of the National Security Division, the gravity of your situation cannot be overstated. These crimes often carry severe penalties, including substantial fines, lengthy imprisonment, and damage to one's reputation, underscoring the need for effective legal representation and the seriousness of the situation.
Whether the charges involve cyber intrusion, intellectual property theft, or violations of export laws, federal prosecutors in this division are equipped with the resources and expertise to pursue these cases aggressively. In fact, prosecutors may have a fully formed case built against you before you are even accused of a crime.
The stakes are particularly high because such cases often involve classified information, complex investigations, and multi-agency collaboration.
This increases the likelihood of a lengthy and rigorous legal process, and without an experienced federal criminal defense attorney representing you, your chances of receiving severe penalties are significantly higher.
How a Federal Defense Law Can Help You
Being accused of a federal crime related to national security requires representation that is well-versed in federal laws and procedures. A skilled federal defense attorney with experience in national security cases can make a significant difference by:
- Evaluating Evidence Thoroughly: Federal cases often rely on technical and complex evidence. An experienced attorney can dissect this information to identify weaknesses in the prosecution's case.
- Protecting Your Rights: National security investigations sometimes stretch the boundaries of typical law enforcement tactics. A knowledgeable attorney ensures that any actions taken against you are lawful and constitutional.
- Building a Robust Defense Strategy: Whether the allegations involve cybercrime, terrorism, or export violations, your defense must address the specifics of federal law and the prosecutorial approach in such cases.
For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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