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Prosecution in The Trial of US vs Annie Daniels & Eva Ralph Essay

 

Enclosed is a narrative providing a set of facts relating to a company and individuals associated with that company, as well as a limited number of fact exhibits, which represent the full universe of documents and evidence that were introduced at trial. You may assume that any facts or materials referenced in the narrative but not attached as exhibits were discussed orally at trial.

You are a prosecutor in the trial of United States v. Annie Daniels and Eva Ralph, who have been charged with violations of four federal criminal laws: (1) violations of the anti-bribery provisions of the Foreign Corrupt Practices Act; (2) obstruction of justice in violation of 18 U.S.C. § 1512; (3) making false statements in violation of 18 U.S.C. § 1001; and (4) securities fraud in violation of the Securities and Exchange Commission’s Rule 10b-5 (also at 17 C.F.R. 240.10b-5). Each of the four crimes was charged against at least one, and possibly both, of the two defendants. It is up to you to determine based on the enclosed facts which of these four crimes the government has charged with respect to each defendant, and then to argue the elements of each violation charged. Neither defendant has been charged with any crimes outside of the four identified here.

We have assigned each of you to the role of a prosecutor , as you will see in the attached assignment chart. Your assignment—consistent with your role— is to draft a paper, between 5-10 pages (double-spaced, size 12 font, with 1-inch margins), making a closing argument about why your side (prosecution or defense) should win on these charges. For those of you assigned to be prosecutors, you should argue that the evidence proves beyond a reasonable doubt that the defendants are guilty of each of the crimes charged against them.
Formal citations are not required in the paper , but when discussing the law you should, in some manner, reference the statutes or cases to which you are referring.

Your paper will be graded on how well you analyze the elements of each offense, the substance and persuasiveness of your arguments, and the structure of your arguments