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Posts Tagged ‘PROSECUTION’

Russia plans to prosecute dead lawyer in tax case






MOSCOW — The police in Russia plan to resubmit for trial a tax evasion case in which the primary defendant died in detention more than two years ago, his former employer said Tuesday. The trial of the defendant, Sergei L. Magnitsky, would be the first posthumous prosecution in Russian legal history, according to a statement by the former employer, Hermitage Capital. [ABSTRACT FROM AUTHOR]


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Could casey go free?

This article reports on the trial of Casey Anthony, a mother accused of murdering her two-year-old daughter Caylee. The article discusses the defense and the prosecution in the case and speculates on the likelihood of an acquittal. Information is also provided on evidence and witnesses, as well as on public attitudes towards the case and the sequestering of its jury.

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ARE ALL PROSECUTORIAL ACTIVITIES “INHERENTLY GOVERNMENTAL”?: APPLYING STATE SAFEGUARDS FOR VICTFM-RETAINED PRIVATE PROSECUTIONS TO OUTSOURCED PROSECUTIONS

The article offers information on the regulatory framework on inherently governmental functions and outsourcing of the prosecution. It states that the decision of whether or not to prosecute clearly represents an inherently governmental function, other prosecutorial activities may not be inherently governmental and thus may be outsourced.

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Limiting the government’s economic warfare

The article focuses on the ability of the prosecution to conduct economic warfare against defendants during or after the post indictment phase of U.S. criminal cases. It cites that it is difficult for the defense to counter economic warfare since those who are subject to it have no intention to tell. Moreover, federal and state legislatures provides the prosecutors with several means to influence the viability of businesses prior to the proof that the business is tainted by criminal activity.

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Exculpatory evidence: a call for reform after the unlawful prosecution of senator ted stevens

The article presents information on the lawsuit concerning unlawful prosecution of late Senator Ted Stevens, of the U.S. The case claimed that Stevens did not pay for renovations to VECO Corp., an Alaskan company. As mentioned, Stevens’ wife handled the checking account for the renovations and promptly paid every bill after it was received. It is stated that what happened to Stevens was a tragedy, as his reputation was tarnished by an unlawful jury verdict.

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The current state of mortgage fraud prosecutions

The article examines the state of mortgage fraud prosecutions in the U.S. as of September 2009. Early and aggressive representation is said to be needed by companies being investigated. Also cited is the importance for defense attorneys to distinguish between mortgage fraud and the so-called garden variety fraud. Several federal statutes that commonly appear in such prosecutions are enumerated, one of which is 18 U.S. Constitution (U.S.C.) § 371 for conspiracy.

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Reexamining the market-based approach to criminal antitrust enforcement against individuals

The article examines the market-based approach with regards to criminal antitrust enforcement against the people in the U.S. Despite its efficiency to companies, it notes that market-based approach does not provide similar incentives and predictable guidance to individuals. It adds that market-based approach can force people to choose between cooperating in the investigation and prosecution of a cartel in one market while staying exposed to prosecution in a related market.

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Out of reach: improving the system to deter and address criminal acts committed by contractor employees accompanying armed forces overseas

Contemporary U.S. military operations rely heavily on civilian contractor employees to perform a wide variety of services ranging from armed security to laundry. Crimes committed by either security or support contractor employees can severely impact military operations. Legal authority exists to prosecute crimes committed by contractor employees overseas at court-martial under the Uniform Code of Military Justice (UCMJ) and before federal courts under the Military Extraterritorial Jurisdiction Act (MEJA). Prosecuting civilian contractor employees under the MEJA appears advantageous to the UCMJ, but as presently administered, the MEJA prosecutions are inadequate to effectively deter and address contractor employee misconduct. This effectiveness can be greatly increased under existing authority to use military attorneys to prosecute civilian contractor employees before federal courts. [ABSTRACT FROM AUTHOR]

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Craig’s list

The article reports on the agenda of Craig Watkins, the first African American district attorney in Dallas County, Texas. They include rethinking the concept of guilt and innocence, review the methods of his own prosecutors, and reinvent his office. He felt as if he had to, partly because the things he is trying to do are so radical because he wants to show people that the first African American district attorney there-or anywhere else in Texas, is no Malcolm X.

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Prevent defense

Discusses anti-terrorism methods employed by the Justice Department since September 11, 2001. Attorney General John Ashcroft and FBI Director Richard Mueller, who have reorganized their departments to focus on the prevention of terrorism, rather than investigation and prosecution; Techniques formerly used to detain organized crime figures; Zacarias Moussaoui, who was detained on immigrations violations; Members of a Hezbollah cell in North Carolina, who were convicted of smuggling cigarettes; Many prosecutions under the USA Patriot Act that have no direct connection to terrorism.

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