QUESTION:
IN BOTH SITUATIONS, WILL YOU BE A KEY GOVERNMENT WITNESS?
ANSWER:
YES. YOU WILL PROBABLY NEED TO EXPLAIN THE ENTIRE INVESTIGATIVE
EFFORT AND SET OUT JUST WHAT THE CASE IS ALL ABOUT. THE MORE
COMPLEX THE CASE IS, THE GREATER THE NEED IS FOR YOUR EXPERTISE
HERE. YOU MAY EVEN BE TESTIFYING AS ONE WHO IS AN EXPERT IN THE
FIELD OF INVESTIGATING ECONOMIC CRIMES. TO FULFILL THIS FUNCTION,
HOWEVER, YOU NEED A GOOD UNDERSTANDING OF THE U.S. CODE. THIS
MUST NOT BE A STRANGE AND FOREIGN DOCUMENT TO YOU.
QUESTION:
COULD A CIVILIAN ALSO BE PROSECUTED BY THE STATE AUTHORITIES?
ANSWER:
YES, IF HIS CONDUCT VIOLATES STATE LAW, AND THE CRIME OCCURS ON AN
AREA OF CONCURRENT OR PROPRIETARY JURISDICTION.
QUESTION:
WHAT IF IT'S AN AREA OF EXCLUSIVE FEDERAL JURISDICTION?
ANSWER:
HERE, ONLY THE FEDERAL GOVERNMENT CAN PROSECUTE THE CASE.
QUESTION:
WHAT IF THE CRIME OCCURS OVERSEAS?
ANSWER:
SOME FEDERAL LAWS APPLY NOT MERELY NATIONWIDE, BUT WORLDWIDE,
AND A PERSON MAY BE PROSECUTED BY THE U.S. GOVERNMENT WHETHER
THE CRIME OCCURS ON AN EXCLUSIVE, CONCURRENT, OR PROPRIETARY
JURISDICTION POST, OR OUTSIDE THE UNITED STATES.
QUESTION:
WHAT DO YOU CALL A LAW THAT APPLIES OVERSEAS?
ANSWER:
EXTRATERRITORIAL.
QUESTION:
HOW DO YOU TELL IF A FEDERAL CRIMINAL STATUTE APPLIES ON AN
EXTRATERRITORIAL BASIS?
ANSWER:
SOMETIMES, THE LANGUAGE OF THE STATUTE WILL SAY WHERE IT APPLIES.
IF IT SAYS IT APPLIES IN THE SPECIAL MARITIME AND TERRITORIAL
JURISDICTION OF THE UNITED STATES, THEN IT ONLY APPLIES ON AREAS OF
EXCLUSIVE OR CONCURRENT FEDERAL JURISDICTION, AND DOES NOT APPLY
OVERSEAS. OTHER TIMES, THE LAW WILL CLEARLY STATE THAT IT APPLIES
ON AN EXTRATERRITORIAL BASIS. SOMETIMES, HOWEVER, THE STATUTE
ITSELF IS SILENT.
In U.S. v. Gladue, 4 MJ 1 (CMA 1977), the court explained that the "application of a penal statute is
not automatically limited to crimes committed within the territorial jurisdiction of the sovereign just
because a penal provision lacks express language that it should be applied extraterritorially." Instead,
it depends on the purpose of the law. In U.S. v. Bowman, 67 L. Ed. 149 (1922), the Supreme Court
explained that it is a question of "statutory construction-"
"Crimes against private individuals or their property, like assaults, murder, burglary, larceny,
robbery, arson, embezzlement, and frauds of
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MP1022
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