| Discovery and Brady Materials |
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| In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required. More... |
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| Informants |
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| An informant is an individual that provides law enforcement officers with information about an individual or a criminal activity. Informants may be sought out by law enforcement officers or may just be present at the time that a crime occurred. There are numerous types of informants.
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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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| Bank Fraud and Financial Institutions |
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| Congress enacted a bank fraud statute as part of the Comprehensive Crime Control Act of 1984. The purpose of the bank fraud statute was to fill the gaps that existed with respect to fraud against federally chartered or insured institutions. Thereafter, other federal acts were passed to expand the scope and coverage of the bank fraud statute. Some of the other acts included the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Crime Control Act of 1990, and the Racketeering Influence and Corrupt Organizations Act. More... |
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| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
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| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
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