I’ve done a number of posts from outside the courtroom today. Here’s a summary:
- Here’s the bottom line, and a general description of what went on in the guilty plea part of the hearing. I will post more details tonight, and link here.
- The Government made clear that Scruggs is opening new avenues for investigation.
- Scruggs apologized to the bar, bench, and public (but not to the victims of his crime, the plaintiffs in the lawsuit where he influenced the judge) and made a strong statement he intends to cooperate.
- Judge Davidson found a great quote to use in imposing sentence. I’ll post more about his sentencing remarks later this evening.
- The dismissal of the indictment as to Scruggs confirms that there are more defendants remaining, and we’ll know who they are, soon.
- In a press conference afterwards, the US Attorney confirmed the deal that Scruggs left on the table last summer.
QUESTION to NMC. When the feds are conducting an investigation, and present evidence to a grand jury, under what circumstances are the feds supposed to issue a “target letter” to someone who may possibly be indicted?
Observer, here is what the US attorney manual says:
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It is the policy of the Department of Justice to advise a grand jury witness of his or her rights if such witness is a “target” or “subject” of a grand jury investigation. See the Criminal Resource Manual at 160 for a sample target letter.
A “target” is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer’s or employee’s conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.
A “subject” of an investigation is a person whose conduct is within the scope of the grand jury’s investigation.
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That’s the policy. How does it apply? You’re a lawyer. You tell me.