Upload
elijah-parsons
View
214
Download
1
Tags:
Embed Size (px)
Citation preview
SHELDON J. “SHELLY” SPERLING
UNITED STATES ATTORNEYEASTERN DISTRICT OF OKLAHOMA
U.S. ATTORNEY’S OFFICES U.S. ATTORNEY’S OFFICES
UNITED STATES ATTORNEY’S OFFICESOKLAHOMA DISTRICTS
1. SERIOUSNESS OF CRIME
SENTENCING FACTORS
2. VICTIM VULNERABILITY
3. ROLE OF DEFENDANT IN OFFENSE
4. OBSTRUCTION OF JUSTICE
5. ACCEPTANCE OF RESPONSIBILITY
6. CRIMINAL HISTORY OF DEFENDANT
7. DEPARTURE RATIONALE
MAKE CONTACT BEFORE YOU NEED HELP
GETTING INTO THE UNITED STATES ATTORNEY’S OFFICE
IDENTIFY THE GATES
UNITED STATES ATTORNEY
CRIMINAL CHIEF
WCC CHIEF / COORDINATOR
DUTY ASSISTANT UNITED STATES ATTORNEYS (AUSAS)
LAW ENFORCEMENT COORDINATOR
1. MAILING
KEYS TO A FEDERAL CASE
2. WIRING
3. INTERSTATE PHONE CALL
4. INTERSTATE TRAVEL
5. FEDERAL FUNDS
FEDERAL PROSECUTION ADVANTAGES
• GRAND JURY (SUBPOENA, COMPULSION, INVESTIGATION)
• DETENTION
• NO PRELIMINARY HEARINGS
• SPEEDY TRIAL
• SENTENCING GUIDELINES
• NO PAROLE
• SPEEDY APPEAL
• TURNKEY AUSAS
• FEDERAL BENCH - MAGISTRATES
• LITIGATION
“WHAT DOES THE UNITED STATES ATTORNEY’S OFFICE DO?”
THE UNITED STATES ATTORNEY IS RESPONSIBLE FOR:
• FEDERAL CRIMINAL PROSECUTION
• FEDERAL CIVIL PROSECUTION
• FEDERAL APPELLATE PROSECUTION
• FEDERAL DEBT COLLECTION
• FEDERAL / STATE / LOCAL LAW ENFORCEMENT COORDINATION
• UNITED STATES ATTORNEY’S OFFICE MANAGEMENT
• UNITED STATES ATTORNEY’S OFFICE COORDINATION WITH OTHER DEPARTMENT OF JUSTICE COMPONENTS AND OTHER FEDERAL AGENCIES
AND
U.S. ATTORNEY’S OFFICE U.S. ATTORNEY’S OFFICE EASTERN DISTRICT OF OKLAHOMAEASTERN DISTRICT OF OKLAHOMA
CIVIL DIVISION ACTIVITIES
Affirmative Civil Enforcement (ACE) American Indian Cases
Bankruptcy Constitutional Torts
Employment Discrimination Federal Foreclosures
ForfeituresFinancial Litigation Unit (FLU)
Medical Negligence Other Federal Tort Claim Cases
Personal Injury Social Security Disability Appeals
State Court Foreclosures and Bankruptcies
• 18 USC SECTION 666 (a)(1)
employee or agent of an organization, state agency or Indian tribal government embezzles, steals or obtains by fraud property with a value of more than $ 5,000, or accepts a bribe of at least $ 5,000, where that agency receives at least $ 10,000 per year in Federal funds or benefits
(10 years in prison)
SOME RELEVANT FEDERAL FELONY STATUTES
• 18 USC SECTION 666 (a)(2)
giving a bribe of at least $ 5,000 to influence an agent of an organization, state agency or Indian tribal government where that agency receives at least $ 10,000 per year in Federal funds or benefits
(10 years in prison)
• 18 USC SECTION 1956
money laundering – concealing the nature, location, source, ownership or control of unlawfully obtained proceeds
(20 years in prison)
• 18 USC SECTION 1341 / 1343
scheme to defraud the organization, state agency or Indian tribal organization state or a state agency, and use of the mails or interstate wire communication
(20 years in prison)
SOME RELEVANT FEDERAL FELONY STATUTES
(CONTINUED)
• 18 USC SECTION 2314
interstate transportation of property or funds with a value of over $ 5,000, obtained by theft or fraud
(10 years in prison)
• BANK FRAUD – 18 USC SECTION 1344: DEPOSIT OF STOLEN FUNDS
SOME OTHER RELEVANT OFFENSES
• COMPUTER FRAUD – 18 USC SECTION 1030(a)(4): UNAUTHORIZED ACCESS TO A COMPUTER, OR EXCEEDS AUTHORIZED ACCESS, WITH FRAUDULENT INTENT, AND OBTAIN AT LEAST $ 5,000
• ID THEFT – 18 USC SECTION 1028, 1028A: USE OF FALSE IDENTITY DOCUMENTS
• FALSE TAX RETURNS – 26 USC SECTION 7206: NON-DISCLOSURE OF INCOME
• STRUCTURING – 31 USC SECTION 5324: ENGAGING IN BANKING TRANSACTIONS THAT EVADE $ 10,000 CURRENCY TRANSACTION REPORTING REQUIREMENT
• ANTITRUST – 15 USC SECTION 1: BID RIGGING
FEDERAL LAW ENFORCEMENT AGENCIES
FRAUD CASES AGENCIES
Federal Bureau of Investigation
U. S. Secret Service
U. S. Postal Inspection Service
Internal Revenue Service, Criminal Investigation
Immigration and Customs Enforcement
Office of Inspector General