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Defending White Collar Criminal Prosecutions - From Investigation to Trial

NCJ Number
86768
Date Published
1982
Length
419 pages
Annotation
A series of papers on defense preparation in white-collar cases covers such topics as discovery, the abuse of the Racketeer Influenced and Corrupt Organizations (RICO) Act, grand jury practice, plea bargaining, pretrial motions, conspiracy, and various defense motions during trial.
Abstract
The opening paper considers discovering the Government's case without motions and discovery under Rule 16 of the Federal Rules of Criminal Procedure, the doctrine of Brady v. Maryland, the Jencks Act, a Bill of Particulars, and the Freedom of Information Act. A study of how the Government has used the RICO Act cites prosecutorial abuses and suggests ways whereby the defense may counter these abuses. Grand jury practices are outlined in another essay, and restrictions on the grand jury inquiry are noted. Judicial relief for various abuses perpetrated by prosecutors in grand jury proceedings is cited under the various abuses. Another study defines circumstances of various defendants which determine the strategy used to try and convince the Government not to prosecute. Consideration is also given to pretrial motions based on claims of grand jury abuse and prosecutorial misconduct, followed by an examination of pretrial and trial considerations in conspiracy cases. In the concluding essay, categories of defense trial motions are identified, and various legal forms and correspondence that may be used by the defense in a case are provided as exhibits. For individual entries, see NCJ 86769-70.