Presentation Transcript

1. A Prosecutor’s Top Ten: What I want, What I need and What I can do without

   Donna Strittmatter May 15, 2013 ACFE Conference
2. NEEDS: Witnesses All witnesses identified, including DOB if possible and home address security/compliance officer should not be the only witness not just the one main witness that can make most of the case
3. NEEDS: Witnesses Who is the witness that can identify the defendant?
4. NEEDS: Witnesses All witness statements are needed Not just the helpful ones! Defendant statements
5. NEED: Brady Brady v Maryland, 373 U.S. 83 (1963)- Due Process Clause of the 14th Amendment The prosecutor must disclose all favorable evidence in her possession to the defense The duty to disclose extends beyond the individual prosecutor to members of her office and members of law enforcement connected to the investigation and prosecution of the case
6. NEED: Brady Knowledge of favorable evidence may be imputed to the prosecutor; the fact that a prosecutor may be unaware of the existence of exculpatory evidence does not relieve the State of the duty to disclose The individual prosecutor has a duty to seek out any favorable, material evidence in the possession of any prosecution team member and deliver it to the defense A Brady Violation can and almost always will result in the reversal of a conviction
7. NEED: Brady Is it Brady? Witness story has changed slightly on a significant point defendant was only one that ever handled cash sometimes another employee would do the job Witness story changes on insignificant point Defendant had nice purse/Don’t really remember the defendant having anything expensive Another employee was fired 3 months later for theft (and sometimes did same job as defendant) Victim filed for insurance reimbursement Victim made much smaller or much larger claim to the insurance company Victim has wrongly accused other employees of similar type theft
8. NEED: Cash cases Have to be able to prove that the cash existed Did the defendant tally up the cash in her handwriting? Have to be able to prove that this defendant is the one that took it What is the procedure? Who else made the deposits?
9. WANT: Organization It is the little things that matter If you are going to highlight, draw arrows, make notes on a set of records, please provide a clean set as well
10. WANT: Dumb it down
11. Fake vendor scheme Employee works for Company A Employee’s mama sets up Fake Company Mama’s fake company sends invoice to Company A Employee signs off on invoice being paid Payment sent to fake company You and mama go on outrageous shopping sprees
12. Double fake vendor Create fake customers to lease computers Create fake vendor to buy computers from Invoice employer to pay fake vendor Make nominal payments on “leasing” of computers
13. $800,000 in 2-3 years Including commissions Las Vegas
14. Expense account abuse What your people do when out of town
15. White collar….. Burglary…. What????
16. White collar burglary Find empty property foreclosed upon by bank Break locks and enter Illegally turn on water and electricity For Rent Show home to unsuspecting renters Have them sign lease agreement, first month’s rent, deposits
17. White collar burglary on or about the 9th day of May, A.D. 2008 in the County of Dallas and said State, did, unlawfully, intentionally and knowingly enter a habitation, without the effective consent of Aurora Loan Services, the owner thereof, with the intent to commit the felony offense of securing execution of a document by deception
18. The sting
19. Online Impersonation Without consent With intent to harm, defraud, intimidate or threaten Uses name or persona of another to: Create a webpage Post and send messages through social networking site 3rd degree felony Sends email, text, or similar communication with intent to cause recipient to believe it was sent or authorized by the other person Class A Misdemeanor Facebook Sept 2009
20. Breach of Computer Security Knowingly accesses computer, network or system without effective consent Misdemeanor With intent to defraud or harm another or alter, delete or damage property Felony Theft of Trade Secrets Steals, copies, communicates or transmits trade secret Trade Secret means whole or any part of any scientific or technical information, design, process, procedure, formula or improvement that has value and owner has taken measures to prevent from being available to others
21. Identity Theft Identifying information Name and DOB Biometric data Electronic ID #, financial institution account number Social security Must be a real person