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Vindictive and Selective Prosecution

A prosecutor may violate a defendant's due process rights if they are using their decision to prosecute the defendant for purposes of retaliation.

Types of Insurance Fraud

There are numerous types of insurance fraud. Insurance fraud encompasses fraudulent claims made by the defendant with the specific intent to defraud the insurer. Some of the types of fraud claims include: Property fraud claims, automobile fraud claims, life insurance fraud claims, healthcare fraud claims.

Bankruptcy Fraud

Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence.

An overview of the Jencks Act

The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal.

Ex Post Facto Laws

An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes: