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Optimal Asset - ANTHONY MUZIO/NY
2/14/2009 8:27:58 AM (3100 views)
Re: Optimal Asset - Robert Breakell/CT
2/14/2009 2:33:00 PM (3760 views)
Re: Optimal Asset - Jessica Talley/NJ
2/16/2009 7:09:22 AM (3730 views)
Re: Optimal Asset - Bill Jones/NJ
2/19/2009 7:15:10 AM (3713 views)

Confessions of a Corrupted Closing Agent - David Bloys/TX
2/14/2009 6:35:13 AM (5105 views)
Re: Confessions of a Corrupted Closing Agent - Kevin Ahern/CT
2/14/2009 10:05:19 AM (4072 views)
Re: Confessions of a Corrupted Closing Agent - David Bloys/TX
2/14/2009 11:23:37 AM (3836 views)
Re: Confessions of a Corrupted Closing Agent - Kevin Ahern/CT
2/14/2009 1:12:37 PM (3904 views)

The favorite technique of the FBI when trying to get a conviction is to try to turn someone lower in the food chain against the defendant. You are probably most familiar with it in investigations of organized crime in which an under boss is pressured to testify against a boss in return for leniency. That is exactly what happened in the case I discussed above. The FBI offered a manager a break in return for his testimony against the defendant. In return the manager was required to plead guilty to one felony count, no fine and no prison term.  However, he now has a criminal record.

Generally the FBI is not required to inform you of your right to legal counsel until they take you into custody.  However, I have read cases in which the court ruled that custody does not necessarily mean arrest, but also situations in which the individual's freedom is restrained. The problem arises that before they take you into custody they may interview you several times, and then arrest you on the basis of your prior statements while not being represented by an attorney. At that point your goose is cooked. That is why you always ask if you are the target of the investigation before answering any questions. Generally it is a good idea never to answer their questions without your attorney present.

Unfortunately, it has been my experience that during the investigative process little distinction seems to be made between potential defendants and potential witnesses who have done nothing wrong. If anyone is hurt in the process...too bad justice is done as far as they are concerned. The same approach cited in your article seems to be routinely used ...a veiled threat of possible indictment...allegations that the defendant is guilty of some crime with which the witness could be implicated (the FBI and U. S. Attorneys  have immunity so they can say pretty much anything they like with no fear of litigation)...and then throw the witness a bone to create the impression that they will go easy on him.

In the case I cited I can recall the indictment process. Employees of the defendant were interrogated before a grand jury. One of the jurors asked if the witness knew that the defendant was engaged in illegal activity. The juror seemed to forget that one is innocent until proved guilty, but the prosecutor did nothing to restraint the questioning.

In the case I mentioned above they interviewed one of the defendant's accountants prior to trial. The accountant later testified as a defense witness at trial. The testimony hurt the prosecution's case. I was later told that the FBI contacted him , and told him..."We don't think you told the truth during the interview." In other words there was a suggestion of a potential indictment for obstruction of justice. Fortunately, the accountant did not have to testify again after that, and the FBI let it die. Makes one wonder how strong the obstruction of justice case would have been.

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Re: Confessions of a Corrupted Closing Agent - Robert Franco/OH
2/14/2009 4:08:07 PM (3785 views)
Re: Confessions of a Corrupted Closing Agent - Clanci Nelson/OH
2/17/2009 11:25:46 AM (3590 views)
Re: Confessions of a Corrupted Closing Agent - Donna Stovall/NY
2/17/2009 7:23:50 PM (3589 views)

Pacific Corporate and Title Services? - William Pattison /CA
2/13/2009 5:05:43 PM (3233 views)
Re: Pacific Corporate and Title Services? - Nils Nelson/ME
2/13/2009 6:01:36 PM (3785 views)
Re: Pacific Corporate and Title Services? - Robert Franco/OH
2/13/2009 6:05:56 PM (3792 views)
Re: Pacific Corporate and Title Services? - Nils Nelson/ME
2/13/2009 11:39:04 PM (3885 views)
Re: Pacific Corporate and Title Services? - george Hubka/MI
2/25/2009 5:44:56 AM (3520 views)
Re: Pacific Corporate and Title Services? - William Pattison /CA
3/31/2009 5:31:02 PM (3537 views)

ESS Solution's Baltimore MD - Terri/PA
2/13/2009 2:36:31 PM (3731 views)
Re: ESS Solution's Baltimore MD - Tamara Hoy/OH
2/13/2009 4:25:06 PM (4251 views)
Re: ESS Solution's Baltimore MD - Nils Nelson/ME
2/13/2009 6:14:54 PM (3895 views)
Re: ESS Solution's Baltimore MD - Terri/PA
2/13/2009 7:02:21 PM (3774 views)
Re: ESS Solution's Baltimore MD - Jessica Talley/NJ
2/13/2009 8:35:39 PM (3937 views)
Re: ESS Solution's Baltimore MD - Terri/PA
2/13/2009 8:42:07 PM (3812 views)
Re: ESS Solution's Baltimore MD - Scott Olsen/NH
2/13/2009 9:52:50 PM (3938 views)
Re: ESS Solution's Baltimore MD - Nils Nelson/ME
2/13/2009 10:02:42 PM (3876 views)
Re: ESS Solution's Baltimore MD - Terri/PA
2/13/2009 10:18:57 PM (3906 views)
Re: ESS Solution's Baltimore MD - P Parrish/AL
2/15/2009 4:46:36 PM (3952 views)
Re: ESS Solution's Baltimore MD - george Hubka/MI
2/24/2009 6:37:54 PM (3612 views)
Re: ESS Solution's Baltimore MD - Terri /PA
2/24/2009 8:11:25 PM (3618 views)

Direct Ops and VMCs - Robert Franco/OH
2/13/2009 10:18:02 AM (3208 views)
Re: Direct Ops and VMCs - Nils Nelson/ME
2/13/2009 8:46:30 PM (3706 views)
Re: Direct Ops and VMCs - george Hubka/MI
2/24/2009 6:01:52 PM (3439 views)




On Title - Joanie Hahr/VT
2/12/2009 9:21:34 PM (3225 views)
Re: On Title - Edward Huguenin/SC
2/12/2009 10:26:38 PM (3917 views)
Re: On Title - Patrick/NY
2/13/2009 8:49:58 AM (3844 views)
Re: On Title - Robert Breakell/CT
2/13/2009 10:38:21 AM (3857 views)
Re: On Title - Norean Cashwell/GA
2/16/2009 7:57:27 AM (3896 views)
Re: On Title - KRISTI HERRING/ID
2/18/2009 10:35:37 AM (3866 views)
Re: On Title - george Hubka/MI
2/24/2009 6:46:10 PM (3784 views)
Re: On Title - KRISTI HERRING/ID
3/2/2009 2:35:10 PM (3694 views)
Re: On Title - KRISTI HERRING/ID
3/2/2009 2:40:29 PM (3816 views)
Re: On Title - Greg Paszkiewicz/NJ
2/23/2009 12:44:33 PM (4005 views)

Stabbed In The Back? - AbstractorWatchdog com/NY
2/12/2009 10:21:13 AM (3631 views)
Re: Stabbed In The Back? - Wanda Steudel/OH
2/12/2009 11:08:50 AM (4058 views)
Re: Stabbed In The Back? - AbstractorWatchdog com/NY
2/12/2009 11:17:19 AM (4033 views)
Re: Stabbed In The Back? - Wanda Steudel/OH
2/12/2009 11:55:32 AM (4160 views)
Re: Stabbed In The Back? - STEVE MEINECKE/TN
2/12/2009 12:14:20 PM (4089 views)
Re: Stabbed In The Back? - AbstractorWatchdog com/NY
2/12/2009 1:30:30 PM (4046 views)
Re: Stabbed In The Back? - Clanci Nelson/OH
2/12/2009 3:15:52 PM (3873 views)
Re: Stabbed In The Back? - Garret  Fitzgerald/VA
2/18/2009 12:48:50 AM (3561 views)

Service Announcement! - Robert Franco/OH
2/12/2009 10:08:42 AM (3192 views)
Re: Service Announcement! - Robert Franco/OH
2/12/2009 10:16:54 AM (3672 views)
Re: Service Announcement! - Wanda Steudel/OH
2/12/2009 10:56:11 AM (3574 views)
Re: Problem solved. - Robert Franco/OH
2/12/2009 12:38:56 PM (3548 views)
Re: Problem solved. - Clanci Nelson/OH
2/12/2009 2:56:38 PM (3631 views)

Industry Partners - Dan Zook/NY
2/11/2009 3:17:47 PM (3091 views)
Re: Industry Partners - Clanci Nelson/OH
2/12/2009 2:50:26 PM (3755 views)
Re: Industry Partners - Dan Zook/NY
2/13/2009 11:44:35 AM (3761 views)
Re: Industry Partners - Clanci Nelson/OH
2/16/2009 4:53:31 PM (3519 views)

1099 - researcher ./VA
2/10/2009 7:25:50 PM (3358 views)
Re: 1099 - Patrick/NY
2/11/2009 8:42:24 AM (3769 views)
Re: 1099 - Kenneth Signor/SC
2/17/2009 5:47:54 AM (3889 views)
Re: 1099 - researcher ./VA
2/17/2009 6:34:28 AM (6175 views)
Re: 1099 - Clanci Nelson/OH
2/17/2009 11:38:17 AM (3705 views)
Re: 1099 - STEVE MEINECKE/TN
2/17/2009 11:54:50 AM (3661 views)
Re: 1099 - Clanci Nelson/OH
2/19/2009 3:10:35 PM (3737 views)
Re: 1099 - Kenneth Signor/SC
2/17/2009 1:03:24 PM (3816 views)
Re: 1099 - george Hubka/MI
2/25/2009 5:53:49 AM (3562 views)

Blog comments requested - Dave Pelligrinelli/GA
2/10/2009 11:07:04 AM (4229 views)

Reliable Property Reports- Kansas - Susan McKee/WV
2/9/2009 7:55:53 PM (5800 views)
Re: Reliable Property Reports- Kansas - Carla Curry/KY
2/9/2009 10:03:09 PM (4324 views)
Re: Reliable Property Reports- Kansas - Susan McKee/WV
2/10/2009 3:03:22 PM (4325 views)
Re: Reliable Property Reports- Kansas - Jessica Talley/NJ
2/10/2009 6:43:25 AM (4228 views)
Re: Reliable Property Reports- Kansas - Susan McKee/WV
2/10/2009 3:03:57 PM (4186 views)
Re: Reliable Property Reports- Kansas - Joseph Weaver/VA
2/10/2009 5:47:03 PM (4204 views)
Re: Reliable Property Reports- Kansas - Joseph Weaver/VA
2/17/2009 11:21:12 AM (3967 views)
Re: Reliable Property Reports- Kansas - Kimberly Gray/AR
2/12/2009 8:29:04 AM (4075 views)

Attention Vendor Managers... - Robert Franco/OH
2/9/2009 1:59:23 PM (2729 views)

Bulletins... - Robert Franco/OH
2/9/2009 1:37:06 PM (3022 views)
Re: Bulletins... - Wanda Steudel/OH
2/9/2009 2:03:18 PM (3718 views)
Re: Bulletins... - Robert Franco/OH
2/27/2009 2:47:50 PM (3619 views)

Lenders First Choice - J Nisonger/CA
2/7/2009 3:52:44 PM (3565 views)
Re: Lenders First Choice - monica froese/ME
2/7/2009 7:05:41 PM (4082 views)
Re: Lenders First Choice - J Nisonger/CA
2/9/2009 12:38:44 AM (4000 views)
Re: Lenders First Choice - martha campbell/VA
2/9/2009 7:03:37 AM (3950 views)
Re: Lenders First Choice - J Nisonger/CA
2/9/2009 1:10:27 PM (4029 views)
Re: Lenders First Choice - Matthew Hall/CA
2/9/2009 6:49:08 PM (3932 views)
Re: Lenders First Choice - AbstractorWatchdog com/NY
2/9/2009 9:33:04 PM (3984 views)
Re: Lenders First Choice - J Nisonger/CA
2/11/2009 12:36:08 PM (3798 views)


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