Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime - Third Edition


Book Description

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.




United States Attorneys' Manual


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For the Prosecution


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The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms—the evidence—is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.




Prosecuting and Defending Health Care Fraud Cases


Book Description

Fraud & abuse issues faced by health providers & health care attorneys--whether prosecutor or defense counsel--are complex & wide-ranging. This book, written by two experienced litigators, identifies & analyzes these difficult medical, regulatory, & law enforcement issues. The book will assist prosecutors in conducting thorough & complete investigations--& guide transactional lawyers & defense counsel in anticipating & dealing with potential pitfalls. Beginning with a detailed overview of the law of health care fraud, the authors explain how the disconnected nature of treatment choices & payment mechanisms has increased the opportunity for abuse of the system & raised the stakes for all players. Drawing on their valuable experience, authors address the enforcement tools designed by Congress & the regulatory agencies to prevent & prosecute false billing & corruption. Chapters focus on federal criminal statutes, the civil False Claims Act, the Food & Drug Act, the Anti-Kickback Statute & Stark Prohibitions (and related safe harbors), & Department of Health & Human Services advisory opinions. The authors also explain the litigation & settlement process & the various outcomes.







Community Prosecution Strategies


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Prosecuting and Defending Drug Offences


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Basic Trial Techniques


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