S HELDON J. S HELLY S PERLING U NITED S TATES A TTORNEY E ASTERN D ISTRICT OF O KLAHOMA.

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Presentation transcript:

S HELDON J. S HELLY S PERLING U NITED S TATES A TTORNEY E ASTERN D ISTRICT OF O KLAHOMA

U.S. ATTORNEYS OFFICES

UNITED STATES ATTORNEYS OFFICES OKLAHOMA DISTRICTS

1. S ERIOUSNESS OF CRIME SENTENCING FACTORS 2. V ICTIM VULNERABILITY 3. R OLE OF DEFENDANT IN OFFENSE 4. O BSTRUCTION OF JUSTICE 5. A CCEPTANCE OF RESPONSIBILITY 6. C RIMINAL HISTORY OF DEFENDANT 7. D EPARTURE RATIONALE

M AKE CONTACT BEFORE YOU NEED HELP GETTING INTO THE UNITED STATES ATTORNEYS OFFICE I DENTIFY THE GATES U NITED S TATES A TTORNEY C RIMINAL C HIEF WCC C HIEF / C OORDINATOR D UTY A SSISTANT U NITED S TATES A TTORNEYS (AUSA S ) L AW E NFORCEMENT C OORDINATOR

1. M AILING KEYS TO A FEDERAL CASE 2. W IRING 3. I NTERSTATE P HONE C ALL 4. I NTERSTATE T RAVEL 5. F EDERAL F UNDS

FEDERAL PROSECUTION ADVANTAGES G RAND J URY (SUBPOENA, COMPULSION, INVESTIGATION) D ETENTION N O P RELIMINARY H EARINGS S PEEDY T RIAL S ENTENCING G UIDELINES N O P AROLE S PEEDY A PPEAL T URNKEY AUSA S F EDERAL B ENCH - M AGISTRATES L ITIGATION

WHAT DOES THE UNITED STATES ATTORNEYS 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 ATTORNEYS OFFICE MANAGEMENT UNITED STATES ATTORNEYS OFFICE COORDINATION WITH OTHER DEPARTMENT OF JUSTICE COMPONENTS AND OTHER FEDERAL AGENCIES AND

U.S. ATTORNEYS 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

18 USC S ECTION 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) SOME RELEVANT FEDERAL FELONY STATUTES 18 USC S ECTION 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 S ECTION 1956 money laundering – concealing the nature, location, source, ownership or control of unlawfully obtained proceeds (20 years in prison)

18 USC S ECTION 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) SOME RELEVANT FEDERAL FELONY STATUTES ( CONTINUED ) 18 USC S ECTION 2314 interstate transportation of property or funds with a value of over $ 5,000, obtained by theft or fraud (10 years in prison)

B ANK F RAUD – 18 USC S ECTION 1344: DEPOSIT OF STOLEN FUNDS SOME OTHER RELEVANT OFFENSES C OMPUTER F RAUD – 18 USC S ECTION 1030(a)(4): UNAUTHORIZED ACCESS TO A COMPUTER, OR EXCEEDS AUTHORIZED ACCESS, WITH FRAUDULENT INTENT, AND OBTAIN AT LEAST $ 5,000 ID T HEFT – 18 USC S ECTION 1028, 1028A: USE OF FALSE IDENTITY DOCUMENTS F ALSE T AX R ETURNS – 26 USC S ECTION 7206: NON - DISCLOSURE OF INCOME S TRUCTURING – 31 USC S ECTION 5324: ENGAGING IN BANKING TRANSACTIONS THAT EVADE $ 10,000 CURRENCY TRANSACTION REPORTING REQUIREMENT A NTITRUST – 15 USC S ECTION 1: BID RIGGING

F EDERAL L AW E NFORCEMENT A GENCIES FRAUD CASES 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