White Collar Crime

January 8, 2018 | Author: Anonymous | Category: Social Science, Law, Criminal Justice
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Prosecutor 101


WHAT’S THE POINT? • Why prosecute crime? - Stop the conduct - Punishment - General deterrence - Specific deterrence - Enforce community expectations - Educate public - Protect Society conduct

• Factors – Need for further investigation – Nature of the Offender – Nature of the Offense – Motive – Traditional Crimes – Voluntary Disclosure/Compliance

Criminal Charging Decisions

– Cooperation with law enforcement – Preventative Measures Taken Subsequent

Charging by Information/Complaint • Filed Directly with the Court – Statutory language – No facts

• Results in acquisition of Defendant to appear in court – Arrest – Summons

Pros/Cons of Information • Pros – Speed – Flexibility – Charging decisions made only by the prosecutorial team

• Cons – Preliminary hearings – Increases motion practice

Charging by Indictment • Evidence presented to Grand Jury • Indictment drafted for Grand Jury • Deliberation to determine probable cause

• Upon finding of probable cause, filed with court • Supervising court can order arrest and set bond amount

Pros/Cons of Indictment • Pros – No Preliminary Hearing – True Bill (usually) – Avoid allegations of malicious prosecution – Lessens Motion Practice – Evidentiary Rules – Lack of Cross Examination – Grand Juries are juries

• Cons – Requires presentation of case – Indictments must contain facts relied upon to indict – Grand Juries are juries

The Criminal Process

You Will be Involved in: • Investigations/Provide information for Search Warrants or Subpoenas◄ • Charging Methods -Complaint/Information/Grand Jury ◄ • Pre-trial Hearings/Evidentiary Hearings ◄

• Trial ◄ • Sentencing ◄

Ultimately the Prosecutor Needs Jury Appeal • Give the case “APPEAL” (no pun intended) – Law & Order, JAG, Alley McBeal, A Few Good Men – Traffic Court is not exciting – Exploding things are exciting

• Why should the jury care? • Theme/Story/Motive

Goals of Prosecutors

• Fairness • Achieve Compliance with the Law • Deter wrongful behavior • Teach Public • Create or foster Initiative • Punish • Other

PREPARATION • Contact the prosecutor to meet • Review

ALL relevant writings

• Know your issues and your piece of the puzzle • “I don’t know”… is OK… • Bobby Knight: “5P’s”

• Prosecutors are actually nice people • Counter your ANXIETY ─ Thorough preparation ─ Discuss weaknesses of your case ─ Show the hard work of your company/agency to protect your company and/or the public

COMMON FINANCIAL CRIMES 1. 2. 3. 4. 5. 6. 7.

Theft, § 18-4-401 Forgery, § 18-5-102 Attempt to Influence a Public Servant, § 18-8-306 Identity Theft, § 18-5-902 Tax Crimes (Evasion/Failure to Pay) § 39-21-118 Money Laundering § 18-5-309 Colorado Organized Crime Control Act, § 18-17-101 et seq.


(People v. Glenn Demarest and People v. Annabelle’s Restoration, LLC)

Forgery In the State of Colorado on or about the date and place charged, with the intent to defraud falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed

deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status (People v. Ernie Colter, People v. Uto Essian)

Identity Theft

Money Laundering 1. In the State of Colorado on or about the date and place charged, 2. intentionally, 3. conducted a financial transaction involving property that was represented to be the proceeds of a criminal offense, or involving property that the defendant knew or believed to have been used to conduct or facilitate a criminal offense to: 4. [promote the commission of a criminal offense] OR [conceal or disguise the nature, location, source, ownership, or control of property the defendant believed to be the proceeds of a criminal offense] OR [avoid a transaction reporting requirement under federal law] (New to me and CO. Generally, in the past = drug cases)


Violation Of The Colorado Organized Crime Control Act—Participation In An Enterprise • 1. in the State of Colorado, at or about the date and placed charged, • 2. while employed by, or associated with any enterprise, • 3. knowingly, • 4. conducted or participated, directly or indirectly, in such enterprise, through a pattern of racketeering activity.

Criminal Enterprise

A Criminal Behavior


Who are the targets? “Bummer of a birthmark, Hal” – Gary Larson


COMING TO COURT • Check in • Sequestration • Refresh your recollection • Proper Conduct • Bring a book/Ipod

DRESSING FOR COURT • Dress as a professional • If your agency/company regularly wears a uniform, wear it • Look like you have been to court before • First impression key to your credibility

Discovery • Civil Discovery – Work Product – Attorney/Client – Any other privileged material

• Criminal Discovery – Rule 16 – Work Product – …but “Brady Material”

Government has the burden of proof ─ Must prove guilt beyond a reasonable doubt ─ “. . . proof of such a convincing character that, after consideration, you would be willing to rely and act upon it without hesitation in your important affairs. A defendant is never to be convicted on mere suspicion or conjecture.”

POINTERS • Discuss uncertainties • Mistakes will be made, keep an open mind, we will… • Opinions vs. Fact… tell us which • Be eager to do more investigation when requested

• Let the Justice System do its job

─ Honesty ─ Track all Evidence

• It is not a game or a contest

Sentencing Options • • • • •

Incarceration Probation Fines Restitution Debarment (A civil action for defendants and corporate defendants) • Other options

Michael W. Melito Senior Assistant Attorney General [email protected] (303) 866 5310

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