Introduction
This paper discusses a brief history of Pat, his wrongdoings and related action, and the response by the related law enforcement agencies.
Pat has committed the following crimes:
1. Mail Fraud;
2. Violation of the Uniform Transfers to Minors Act (“UTMA”);
3. Violation of the New Jersey Uniform Trust Code (“NJ UTC”);
4. Embezzlement;
5. Arson;
6. Destruction of records in a Federal investigation;
The following law enforcement agencies are involved:
1. Federal Bureau of Investigations (“FBI”);
2. Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”);
3. Port Authority Police Department (“PAPD”);
4. Postal Inspection Service (“PI”)
In investigating this matter, at least one law enforcement agency failed to:
Therefore, Pat
Fact Pattern
Pat is a certified public accountant (“CPA”) with a serious gambling problem. As a result of his gambling, Pat obtained money
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5. According to 18 USC § 81 a person commits arson if he “willfully and maliciously sets fire to or burns any building,[or] structure.” With the intention of destroying any and all evidence related to his mail fraud, Pat intentionally set fire to his office. In itself, this is a crime that carries a 25 year sentence. Had he set fire to a dwelling or if he placed any person's life in jeopardy, he could be now facing life in prison, as stated in the punishments for arson in 18 USC § 81. This could also bring an investigation by the ATF.
6. The arson was committed with the intention of destroying physical evidence that could possibly used against Pat in a mail fraud case. A person is in violation of 18 USC § 1519 if he “destroys...any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation...of any department or agency of the United States” Because mail fraud is investigated by the FBI, a federal agency, Pat is in violation of this section. This section also states the sentence for such a crime is a fine, imprisonment up to 20 years, or
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