Elements
Proof
1. manufactures.
1a. 200 tee shirts
b. silk-screening equipment
2. "Woodsy Owl"
2. silk-screen master of "Woodsy Owl"
3. knowingly and for
3. mailing list with prices
profit
4. except as authorized
4. letter from the Secretary stating no
authorization was given to the suspect
You can see from the analysis above that you have physical evidence on every element of the
offense. It is time to consult with the attorneys again. If the attorney feels you have proof beyond a
reasonable doubt on each element, your investigation is complete. If not, you know exactly what area
to pursue and what questions to ask.
Appendix J, CIDR 195-1 is a guide for packaging and presenting your case. Its requirements are:
1. Introductory summary. This should be a brief narrative explaining the type of offense, how it
came to your office's attention, the period of time the offense covers, names of individuals and
companies (even fictitious names), evidence of prior criminal activity, type and amount of loss to the
government, statutes that may have been violated (civil, criminal, and administrative), whether you
interviewed anyone, and if you did, whether or not you gave a rights warning.
2. Description of proposed defendants, to include at least names (aliases, if any), home and
business addresses, physical description, date and place of birth, occupation/employers,
associates/accomplices, prior record, and identification of persons who have cooperated with the
government or who might cooperate with the government.
3. Description of the offense including how the offense was conceived; who executed the
offense and what part each person played; where it was done; how long the operation lasted; the
nature of the fraud, merchandise, service, or trickery involved; anything else which will aid the attorney
in understanding the magnitude of the offense as well as its nature and characteristics. (Note: Use a
proof analysis worksheet to help clarify the case.)
4. Results of investigation including:
(a) Any occurrences which might lead to a conclusion of criminal intent.
Include any
diagrammatic outlines of the fraud or offense.
MP1022
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