Non Disclosure Felony Oklahoma by myl47151

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									SHELDON J. “SHELLY” SPERLING
   UNITED STATES ATTORNEY
EASTERN DISTRICT OF OKLAHOMA
U.S. ATTORNEY’S OFFICES
UNITED STATES ATTORNEY’S OFFICES
         OKLAHOMA DISTRICTS
    SENTENCING FACTORS

1. SERIOUSNESS OF CRIME

2. V ICTIM VULNERABILITY

3. ROLE OF DEFENDANT IN OFFENSE
4. O BSTRUCTION OF JUSTICE

5. ACCEPTANCE OF RESPONSIBILITY
6. C RIMINAL HISTORY OF DEFENDANT

7. D EPARTURE RATIONALE
     GETTING INTO THE UNITED
     STATES ATTORNEY’S OFFICE

MAKE CONTACT BEFORE YOU NEED HELP
IDENTIFY THE GATES
  UNITED STATES ATTORNEY

  CRIMINAL CHIEF
  WCC CHIEF / COORDINATOR

  DUTY ASSISTANT UNITED STATES ATTORNEYS (AUSAS)

  LAW ENFORCEMENT COORDINATOR
  KEYS TO A FEDERAL CASE

1. MAILING

2. WIRING

3. INTERSTATE PHONE CALL
4. INTERSTATE TRAVEL

5. FEDERAL FUNDS
FEDERAL PROSECUTION ADVANTAGES
• GRAND JURY
  (SUBPOENA, COMPULSION, INVESTIGATION)

• DETENTION
• NO PRELIMINARY HEARINGS

• SPEEDY TRIAL

• SENTENCING GUIDELINES

• NO PAROLE

• SPEEDY APPEAL

• TURNKEY AUSAS

• FEDERAL BENCH - MAGISTRATES

• LITIGATION
     “WHAT DOES THE UNITED STATES
        ATTORNEY’S OFFICE DO?”
THE UNITED STATES ATTORNEY IS RESPONSIBLE FOR:

 • FEDERAL CRIMINAL PROSECUTION

 • FEDERAL CIVIL PROSECUTION

 • FEDERAL APPELLATE PROSECUTION

 • FEDERAL DEBT COLLECTION

 • FEDERAL / STATE / LOCAL LAW ENFORCEMENT COORDINATION

 • UNITED STATES ATTORNEY’S OFFICE MANAGEMENT

  AND

 • UNITED STATES ATTORNEY’S OFFICE COORDINATION WITH
   OTHER DEPARTMENT OF JUSTICE COMPONENTS AND OTHER
   FEDERAL AGENCIES
    U.S. ATTORNEY’S OFFICE
EASTERN DISTRICT OF OKLAHOMA
  CIVIL DIVISION ACTIVITIES
       Affirmative Civil Enforcement (ACE)
              American Indian Cases
                    Bankruptcy
                Constitutional Torts
            Employment Discrimination
                Federal Foreclosures
                    Forfeitures
          Financial Litigation Unit (FLU)
                 Medical Negligence
          Other Federal Tort Claim Cases
                  Personal Injury
         Social Security Disability Appeals
    State Court Foreclosures and Bankruptcies
    SOME RELEVANT FEDERAL FELONY STATUTES

•   18 USC SECTION 666 (a)(1)
    employee or agent of an organization, state agency or Indian tribal
    government embezzles, steals or obtains by fraud property with a value of
    more than $ 5,000, or accepts a bribe of at least $ 5,000, where that agency
    receives at least $ 10,000 per year in Federal funds or benefits
    (10 years in prison)


•   18 USC SECTION 666 (a)(2)
    giving a bribe of at least $ 5,000 to influence an agent of an organization,
    state agency or Indian tribal government where that agency receives at least
    $ 10,000 per year in Federal funds or benefits
    (10 years in prison)


•   18 USC SECTION 1956
    money laundering – concealing the nature, location, source, ownership or
    control of unlawfully obtained proceeds
    (20 years in prison)
    SOME RELEVANT FEDERAL FELONY STATUTES
                 (CONTINUED)
•   18 USC SECTION 1341 / 1343
    scheme to defraud the organization, state agency or Indian tribal
    organization state or a state agency, and use of the mails or interstate wire
    communication
    (20 years in prison)



•   18 USC SECTION 2314
    interstate transportation of property or funds with a value of over $ 5,000,
    obtained by theft or fraud
    (10 years in prison)
      SOME OTHER RELEVANT OFFENSES

•   BANK FRAUD – 18 USC SECTION 1344:    DEPOSIT OF STOLEN FUNDS


•   COMPUTER FRAUD – 18 USC SECTION 1030(a)(4): UNAUTHORIZED
    ACCESS TO A COMPUTER, OR EXCEEDS AUTHORIZED ACCESS, WITH
    FRAUDULENT INTENT, AND OBTAIN AT LEAST $ 5,000


•   ID THEFT – 18 USC SECTION 1028, 1028A:    USE OF FALSE IDENTITY
    DOCUMENTS


•   FALSE TAX RETURNS – 26 USC SECTION 7206:      NON-DISCLOSURE OF
    INCOME


•   STRUCTURING – 31 USC SECTION 5324: ENGAGING IN BANKING
    TRANSACTIONS THAT EVADE $ 10,000 CURRENCY TRANSACTION
    REPORTING REQUIREMENT


•   ANTITRUST – 15 USC SECTION 1:   BID RIGGING
             FRAUD CASES AGENCIES

FEDERAL LAW ENFORCEMENT AGENCIES

  Federal Bureau of Investigation

  U. S. Secret Service

  U. S. Postal Inspection Service

  Internal Revenue Service, Criminal Investigation

  Immigration and Customs Enforcement

  Office of Inspector General

								
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