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Trusts and Estates Newsletters

AMENDING INDICTMENTS & INFORMATIONS

An amendment is a change to an indictment or an information, which has the effect of correcting any defects in the indictment or the information. The amendment changes the wording of the indictment or the information so that it will not be subject to a defendant's motion to dismiss or motion to quash.

Federal Government's Disclosure Obligations

The federal government has a duty to disclose certain documents and evidence to the defendant. The federal government has a duty to provide the defendant with a copy of his prior criminal record. However, the only information that must be provided to the defendant with respect to his prior criminal record is that which shows which offense the defendant was convicted of. The federal government is not required to provide any other information with respect to the conviction.

Criminal Misapplication

Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution.

Presenting and Objecting to Evidence

In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways.

ABUSE OF PUBLIC OFFICE & MISUSE OF OFFICIAL INFORMATION

A public servant commits the offense of abuse of public office when he or she intentionally or knowingly and with the intent to obtain a personal benefit violates a law regarding his or her office or misuses government property, services, personnel, or anything of value, which has come into his or her possession by virtue of his or her office or employment. The word "misuse" means to deal with property contrary to any agreement, any contract, or any law.



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