Comments on: The Scruggs guilty plea: Part One of summing up from the courthouse http://www.folo.us/2009/02/10/the-scruggs-guilty-plea-part-one-of-summing-up-from-the-courthouse/ Sat, 21 Mar 2009 17:40:41 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: nmc http://www.folo.us/2009/02/10/the-scruggs-guilty-plea-part-one-of-summing-up-from-the-courthouse/#comment-62888 nmc Wed, 11 Feb 2009 04:02:25 +0000 http://www.folo.us/?p=11022#comment-62888 Observer, here is what the US attorney manual says: >> 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. << That's the policy. How does it apply? You're a lawyer. You tell me. Observer, here is what the US attorney manual says:

>>
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.
<<

That’s the policy. How does it apply? You’re a lawyer. You tell me.

]]> By: Observer http://www.folo.us/2009/02/10/the-scruggs-guilty-plea-part-one-of-summing-up-from-the-courthouse/#comment-62823 Observer Tue, 10 Feb 2009 23:50:36 +0000 http://www.folo.us/?p=11022#comment-62823 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? 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?

]]>