SHELDON J. “SHELLY” SPERLING

UNITED STATES ATTORNEYEASTERN DISTRICT OF OKLAHOMA

U.S. ATTORNEY’S OFFICES U.S. ATTORNEY’S OFFICES

UNITED STATES ATTORNEY’S OFFICESOKLAHOMA DISTRICTS

1. SERIOUSNESS OF CRIME

SENTENCING FACTORS

2. VICTIM VULNERABILITY

3. ROLE OF DEFENDANT IN OFFENSE

4. OBSTRUCTION OF JUSTICE

5. ACCEPTANCE OF RESPONSIBILITY

6. CRIMINAL HISTORY OF DEFENDANT

7. DEPARTURE RATIONALE

MAKE CONTACT BEFORE YOU NEED HELP

GETTING INTO THE UNITED STATES ATTORNEY’S OFFICE

IDENTIFY THE GATES

UNITED STATES ATTORNEY

CRIMINAL CHIEF

WCC CHIEF / COORDINATOR

DUTY ASSISTANT UNITED STATES ATTORNEYS (AUSAS)

LAW ENFORCEMENT COORDINATOR

1. MAILING

KEYS TO A FEDERAL CASE

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

• UNITED STATES ATTORNEY’S OFFICE COORDINATION WITH OTHER DEPARTMENT OF JUSTICE COMPONENTS AND OTHER FEDERAL AGENCIES

AND

U.S. ATTORNEY’S OFFICE U.S. ATTORNEY’S OFFICE EASTERN DISTRICT OF OKLAHOMAEASTERN DISTRICT OF OKLAHOMA

CIVIL DIVISION ACTIVITIES

Affirmative Civil Enforcement (ACE) American Indian Cases

Bankruptcy Constitutional Torts

Employment Discrimination Federal Foreclosures

ForfeituresFinancial Litigation Unit (FLU)

Medical Negligence Other Federal Tort Claim Cases

Personal Injury Social Security Disability Appeals

State Court Foreclosures and Bankruptcies

• 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)

SOME RELEVANT FEDERAL FELONY STATUTES

• 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)

• 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)

SOME RELEVANT FEDERAL FELONY STATUTES

(CONTINUED)

• 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)

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

SOME OTHER RELEVANT OFFENSES

• 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

FEDERAL LAW ENFORCEMENT AGENCIES

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