Tuesday, May 17, 2022

THE USE OF UNCHARGED CRIMINAL CONDUCT AGAINST CORRUPT OFFICIALS

Rule 404; Other Crimes, Wrongs, or Acts


(b) Other Crimes, Wrongs, or Acts.

(1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:

(A) provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;

(B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and

(C) do so in writing before trial — or in any form during trial if the court, for good cause, excuses lack of pretrial notice.


Let's assume that you are a citizen of a country where corruption is widespread, and your family has been the victim of a corrupt government and power structure that has illegally taken possession of real estate that has been in your hands for generations. All your efforts to obtain justice have failed, because the power of these corrupt officials, and their associates, extends to your local police and prosecutors.  

If you are precluded from obtaining justice in your own country, and are considering assisting American law enforcement, by delivering evidence in your possession that implicates the corrupt individuals who defrauded your family, stole your real estate, and moved their criminal proceeds, at least in part, into the United States, in money laundering, your quest for documents and information should also include details of what is called Uncharged Criminal Conduct.

Federal Rule of Criminal Procedure 404(b) allows American prosecutors, in Federal Court, to introduce evidence of other crimes which are not the subject of the case at hand; that evidence is admitted, not to prove those crimes, but are admissible to prove character, or for another purpose, such as to prove "motive, opportunity, intent, plan, knowledge, identity, absence of mistake, or lack of accident."

In other words it is suggested that you secure information regarding other crimes, so that the prosecutor can demonstrate that the crime committed against your family was neither an accident, or one aberrant act. You show that your target has done similar crimes before, and since he victimised your family. Happy hunting. 

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.