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MAKING THE COMPLEX CASE SIMPLE. PAUL E. PELLETIER ASSISTANT U. S. ATTORNEY SOUTHERN DISTRICT OF FLORIDA/ SPECIAL COUNSEL FOR LITIGATION FRAUD SECTION/DEPARTMENT OF JUSTICE. PRINCIPLES OF COMPLEX PROSECUTION. 1. MAKE IT SIMPLE 2. MAKE IT MORE SIMPLE 3 MAKE IT EVEN SIMPLER YET.
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MAKING THE COMPLEX CASE SIMPLE PAUL E. PELLETIER ASSISTANT U. S. ATTORNEY SOUTHERN DISTRICT OF FLORIDA/ SPECIAL COUNSEL FOR LITIGATION FRAUD SECTION/DEPARTMENT OF JUSTICE
PRINCIPLES OF COMPLEX PROSECUTION • 1. MAKE IT SIMPLE • 2. MAKE IT MORE SIMPLE • 3 MAKE IT EVEN SIMPLER YET
FUNDAMENTALS • 1. There is no substitute for hard work • 2. Cases can be won or lost in the charging process • 3. Do not lose sight of your objective
AS YOU BUILD YOUR CASE • Nothing is Too Basic • Continuously Frame the Issues • Explain Your Case to Peers
Choosing Your Litigation Strategy • Is the Crime Segmented? • What Gives You the Biggest Bang for the Buck? • Is Anything Simply Egregious?
Parmalat Investigation • Multi-faceted/Multi-billion Dollar Accounting Fraud • Accounting Fraud Morass • Total Crime is Severely Complicated • Is There a Way Out?
OPENING STATEMENT • Uncomplicate Your Case • Use Charts if Possible • Make Them Understand the Harm/Victim
USE SUMMARY CHARTS • Helps Jury/Judge Visualize Crime • Allows Use of Faux “Expert” • May Be Admitted As Evidence
Expert Witnesses • Less is More • Choose Experts Carefully • Preparation is Key • Avoid: “Battle of the Experts”
Expert Testimony • Back to Basics • Not Condescending • Not Boring • Not Biased • Not Complicated