NCJ Number
110025
Date Published
1988
Length
7 pages
Annotation
During the course of public corruption investigations, prosecutors must decide who will be charged, how the charge will be drafted, what will be charged, and when the charge will be made.
Abstract
In considering who will be charged, the prosecutor must evaluate the culpability of the subject, the level of evidence against the subject, the value and corroboration of evidence obtained from the subject, the credibility of a subject/witness who is granted immunity, the likelihood of subject cooperation and plea negotiation, and the general progress of the investigation. In drafting the indictment, the prosecutor should ensure that it is legally sufficient but permits latitude for adjustments during the trial. Since corruption cases usually involve the receipt of money or property for an official act or violation of a lawful official duty, the charge will usually involve the Hobbs Act, the Federal bribery statutes, the Racketeer Influenced and Corrupt Organizations Act, and mail and wire fraud statutes. The addition of conspiracy and perjury counts also may be considered. Generally, prosecution should proceed by grand jury indictment and summons rather than arrest. Timing of the charge will depend on the development of the investigation and other aspects of the case.