| Bankruptcy Fraud |
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| Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence. More... |
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| Jury Selection in Capital Cases |
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| In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration. More... |
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| Customs Fraud |
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| What Constitutes Customs Fraud
Fraud is defined as an intentional perversion of the truth to induce another individual into believing or doing something that they would not otherwise do. Fraud is an intentional crime.
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| JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS |
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| A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court. More... |
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| Receipt of Stolen Government Property and Improper Disposal of Government Property |
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| Receiving stolen government property is a federal offense. The prosecution must show the following elements existed in order to try a defendant for the offense of receiving stolen government property: The defendant received, concealed, or retained stolen property; the stolen property belonged to the United States; the defendant knew that the property had been embezzled, stolen, or converted; the defendant had the intent to convert the government property for his own use.
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