WITH THE PROSECUTOR. GET THE THOUGHTS OF THE TRIAL COUNSEL. HE MAY SEE
SOMETHING YOU TOTALLY OVERLOOKED. TOGETHER, YOU STAND A FAR GREATER
CHANCE OF SUCCESS. AT THE LEAST, YOU NEED TO BRIEF HIM ON THE ALLEGATIONS
INVOLVED, THE APPARENT OFFENSES THAT YOU SEE, AND HOW YOU INTEND TO
PROCEED WITH THE INVESTIGATION. THIS CAN SAVE YOU A LOT OF TIME AND
WASTED EFFORT. THE PROSECUTOR MAY SEE POSSIBLE INCONSISTENCIES IN THE
EVIDENCE OR POTENTIAL AFFIRMATIVE DEFENSES THAT THE SUSPECT MAY RAISE. IF
SO, ADDITIONAL AREAS MAY NEED TO BE INVESTIGATED. HE CAN HELP TO
ANTICIPATE THE SUSPECT'S DEFENSES, SO YOU CAN CLOSE ANY POTENTIAL
LOOPHOLES IN THE CASE.
THIS IS IMPORTANT BEFORE YOU PROCEED TO
INTERROGATE THE SUSPECT. THE PROSECUTOR MAY HELP PREDICT HOW THE
SUSPECT WILL ATTEMPT TO WIGGLE OFF THE HOOK. HE MAY WANT OTHER AVENUES
EXPLORED AND MAY SEE THE NEED FOR ADDITIONAL EVIDENCE.
It is absolutely essential for you to work with the prosecutor. He is going to have to take the case
into court and win with it. If he wants more witness interviews, conduct them. Do not delay and ignore
him. A poor relationship between the two of you will prove disastrous for everyone, but the accused.
Coordination with the prosecutor does not simply mean that you walk into his office one
afternoon and drop 15 volumes of documents on his desk, asking him to determine if any crimes were
committed. He does not have two weeks to try to reinvent the wheel by redoing all that you already
have done. You need to sit down and discuss the case with him. This may take some time, but it will be
time well spent. In some cases, you and the prosecutor may spend entire weeks, even months, working
together on a case. Simply dropping the volumes on his desk is likely to accomplish little. It will
probably produce a negative reaction against you. He may feel that if you are too busy to bother
discussing the case with him, then HE is too busy to waste time reading the documents. The result may
be that nothing is accomplished. He may give the case a superficial examination but, without the
background and analysis that you could provide, he may not see what you see. The suspect may be
dramatically undercharged and may escape with an incredibly favorable pretrial agreement. He may not
even be prosecuted at all.
6. Seriousness of the Offenses.
QUESTION: HOW SERIOUS ARE THESE OFFENSES CONSIDERED?
ANSWER: THE ARMY'S POLICY TOWARD COMBATING ECONOMIC CRIME IS CONTAINED
IN AR 690-700. PARAGRAPH 2-1 STATES: "IT IS ESSENTIAL THAT STRONG AND
EFFECTIVE MEASURES BE APPLIED, CONSISTENT WITH APPLICABLE LAW AND
REGULATION, TO THOSE INDIVIDUALS WHO ARE FOUND TO HAVE ENGAGED IN THE
THEFT, FRAUD, OR OTHER INTENTIONALLY DISHONEST CONDUCT AGAINST THE
ARMY...SERVICE MEMBERS WHO ENGAGE IN THIS TYPE OF MISCONDUCT ARE
ALREADY SUBJECT TO PUNISHMENT UNDER APPLICABLE PROVISIONS OF THE
UNIFORM CODE OF MILITARY JUSTICE AND TO ADVERSE PERSONNEL ACTIONS...IT IS
THE POLICY OF THE ARMY THAT ANY CIVILIAN EMPLOYEE FOUND TO HAVE ENGAGED
IN THEFT, FRAUD, OR OTHER INTENTIONALLY DISHONEST CONDUCT AGAINST THE
ARMY WILL BE CONSIDERED FOR REMOVAL FROM THE FEDERAL SERVICE. ANY
LESSER PENALTY WILL REQUIRE JUSTIFIABLE MITIGATING CIRCUMSTANCES."
MP1019
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