CONDUCTING INVESTIGATIONS IN COMPLEX FINANCIAL CASES Paul E. Pelletier, AUSA/SDFL Special Counsel for Litigation Fraud Section

THE CHALLENGE YOU FACE

At Inception: Assess Your Investigative Strategy ? Do Not Automatically Accept the Proposed Framework of the Case Independently Assess Scope of the Enterprise What is Your End Game?

YOUR END GAME Offshore Bank Financial CriminalForeign Country Shell Corporation Domestic Bank

Preliminary Questions Are you looking for: –Money? –Defendants? –Both?

Investigative Strategy May Be Defined By Overt/Covert Nature of Investigation If Covert, Investigative Options Are Limited Traditional Methods: -Wiretaps -Consensual Monitoring Non-Traditional: -Sneak & Peek Searches -Desk Top Searches -Proactive Use of Cooperators -Trash Runs

Consider Type of Evidence Your Seeking Domestic & Foreign Business/Financial Records: -Public records -Files/Computers/Ledgers First Hand Evidence: -Wiretaps -Co-conspirator Testimony Hard Asset Evidence -Seizures -Real Personal Property

Business/Financial Record Searches Don’t wait for your someone else to do the job Let your fingers do the walking: Use the Internet Computer searches

Organize Your Financial Evidence

What vehicles are available to locate and seize assets abroad? Informal Methods MLATs Letters Rogatory Multi-Lateral Conventions

Have you considered whether to use informal channels? Consider obtaining certified records via informal channels Use law enforcement contacts

Is formal assistance required? May be cumbersome Remember to use TKELA

Dealing With Cooperators Keep a Hammer Over Them Take Their Toys Never Lose Your Objectivity

Keep Your Eye on the Prize: Distill Complex Evidence for Trial