Criminal Law Newsletters

Embezzlement and False Entries within Financial Institutions

There are numerous types of financial institutional fraud. Some of the types include both embezzlement and false entries made by representatives of financial institutions.

Extradition

Extradition is the process by which an individual is delivered from state or nation where he is located, to the requesting state or nation in order to face prosecution or to serve a sentence. The participants in an extradition proceeding are either the two nations or two states and the individual.

Hobbs Act Generally

The elements with respect to a violation of the Hobbs Act are as follows:
1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.

MISTAKE OF FACT AS A DEFENSE

The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged.

REQUESTS FOR JURY INSTRUCTIONS

Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties.