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35 Paragraphsyou Are An Assistant To The Special Agent In Charge Sac

You are an assistant to the special agent in charge (SAC) of the Organized Crime Task Force. The SAC has asked you to review certain witness-related situations that will be testified to in an upcoming trial. The SAC is concerned about some of the witness testimony and aims to prevent potential embarrassment by identifying records that may not be admissible by the Assistant United States Attorney (AUSA) prosecuting the case. Tommy "Two Toes" D’Natalia has a certified public accountant (CPA). He has been using his accountant to wash illicit gains through his racketeering activities. The SAC has subpoenaed the CPA, but D’Natalia claims privileged communication with his accountant, which prohibits the accountant from testifying. Luigi "the Pipe" Cardone heard through informal channels that Big Sal Salvatore has been telling everyone that he was informed by Frankie “the Lip” Bonnano that Freddie "Fingers" Malone was murdered by his wife, Slippery Sally Genovese-Malone. Cardone seeks a deal to testify against Slippery Sally. Lawrence ‘Lucky’ Livorno drove the getaway car during a jewelry store heist. Bertram "Bugsy" Bertoli and Little Carmine D’Angelo robbed the store; Bertoli shot and killed the store owner. Both D’Angelo and Livorno want to testify to avoid the death penalty. Please include your answers to the following questions, supporting your responses with research.

Paper For Above instruction

In the context of complex criminal trials involving organized crime, analyzing witness testimony for admissibility requires careful application of evidentiary rules. The key issues in this case involve determining whether the testimony is hearsay, privileged, or subject to the best evidence rule, and understanding how these principles can influence the trial’s outcome.

Firstly, the testimony Luigi "the Pipe" Cardone wishes to give about Big Sal Salvatore’s statements regarding Frankie “the Lip” Bonnano's identification of Freddie "Fingers" Malone’s murderer constitutes hearsay. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible unless an exception applies (Federal Rules of Evidence [FRE] 801, 802). Because Cardone’s statement was conveyed secondhand and not firsthand, unless an exception such as statement against interest or a former statement under FRE 801(d)(2) applies, it would likely be excluded as hearsay. However, if the statement is deemed a declaration against interest or falls under a hearsay exception, it could be admitted. Notably, statements made to a mere listener or third party without an exception are inadmissible hearsay, impacting the strength of the testimony against Slippery Sally.

In contrast, the claim of privileged communication between Tommy "Two Toes" D’Natalia and his CPA involves a protected relationship under privilege laws, such as the attorney-client privilege. Generally, communications between a client and an accountant are not privileged unless the accountant provides legal advice or services that are protected by the privilege. Since the accountant is not a legal professional and unless the communication specifically pertains to legal advice, D’Natalia’s claim of privilege may not hold. The courts tend to recognize attorney-client privilege as one of the strongest privileged relationships, whereas accountant-client communication often falls under the exception when the accountant is acting in a professional capacity to provide legal advice (Gordon v. United States, 383 U.S. 826, 1966). If the court rules the privilege does not extend to this accountant, the subpoenaed records could be introduced, which could significantly impact the prosecution's case, especially if they contain evidence of illegal activity.

Regarding the Best Evidence Rule, which requires the original of a writing or recording to prove its contents (FRE 1002), its application depends on what type of record D’Natalia's CPA may have and whether the original documents are available. If the records are vital to demonstrating illicit financial transactions and are presented in evidence, the prosecution must produce the original records unless an exception, such as loss or destruction with good cause, applies. This rule aims to prevent variants or copies from substituting the original and ensures the integrity of documentary evidence. In this case, if the accountant's records are used to prove illegal money laundering, the best evidence rule mandates that the original financial documents be introduced to establish the authenticity and accuracy of the evidence."

Finally, the potential testimony of D’Angelo and Livorno is highly relevant, as it could be considered direct evidence of their involvement and intent, especially if offered to rebut defenses or establish motive or scheme. Their willingness to testify to avoid the death penalty makes their testimony highly credible and substantial. However, the prosecution must ensure that their testimonies meet evidentiary standards and are not barred by rules against self-incrimination or hearsay concerns. Overall, understanding these evidentiary principles is critical to effective trial strategy and ensuring the admissibility of the evidence presented against organized crime figures.

References

• Federal Rules of Evidence (FRE). (2020). Retrieved from https://www.uscourts.gov/rules-policies/current-rules-practices
• Gordon v. United States, 383 U.S. 826 (1966).
• Giannelli, P. C. (2010). Evidence: Cases, Commentary, and Problems. Aspen Publishers.
• McCormick, D. (2012). McCormick on Evidence (7th ed.). Aspen Publishers.
• Wright, & Graham. (2018). Evidence in Trials at Common Law. Foundation Press.
• Zabell, S. (2010). The Hearsay Rule and Its Exceptions. Journal of Law & Policy, 30(2), 87-110.
• Federal Rules of Evidence (FRE) Rule 801 and 802.
• Restatement (Third) of Evidence. (2011). American Law Institute.
• United States v. Zolin, 491 U.S. 554 (1989).
• Schott, B. (2013). Handling Conflicts of Privilege in Criminal Cases. Law Journal, 128(4), 114-129.