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Essex County Prosecutor's Office | ||||||||||||||||||
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FINANCIAL
CRIMES
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The Financial Crimes Unit is dedicated to the detection and prosecution of cases involving the unlawful conversion of funds or property. Most of these cases involve fraudulent activities using checks, credit cards, bank accounts and mortgages. Victims of financial crimes are varied and may include some of the most fragile victims, such as the elderly or infirmed, or some of the more affluent, such as private and professional corporations. Several Assistant Prosecutors in the Unit are supervised by a Deputy Chief Assistant Prosecutor; assigned Detectives conduct the investigations, supervised by a Captain of Detectives. The Financial Crimes Unit is a vertical prosecution unit. It handles
the cases from inception to prosecution. When the Financial Crimes Unit
receives an allegation of criminal conduct it must determine whether a
criminal prosecution is warranted. If criminal prosecution is warranted,
a criminal charge and/or a presentation to a Grand Jury, is conducted.
If an indictment is returned, the Financial Crimes Unit, is responsible
for the case through a trial or plea agreement. The Financial Crimes Unit fulfills the need to investigate financial crime cases on the county rather than municipal level. Municipal police departments are often not able to thoroughly investigate complicated economic crime. Indeed, in many cases, governmental, bank, and financial records can only be obtained by grand jury subpoena, court order or search warrant, and therefore are beyond the reach of a municipal police department. Many "white collar" crimes are multi-jurisdictional in nature. Beyond this, such cases are far more complex than the "average" case. They usually require review of voluminous records by an experienced Detective. Because of the complexity of the allegations and investigations, close
interaction between the Assistant Prosecutor and Detective is necessary
throughout the investigation; especially since these investigations often
involve assembling and reviewing complex financial and business records,
preparing and obtaining court orders for in- and out-of-state records
and witnesses (such as bank records, handwriting, toll records), and frequently
present witness problems involving the 5th Amendment or attorney/client
privilege. Prior to 2008, this unit was known as the Official Corruption & Economic Crimes (O.C.E.C.) Section, which was also responsible for corruption and criminal misconduct in government other than law enforcement. In 2008, these government case responsibilities were transferred to the Professional Standards Bureau, and O.C.E.C. became the Economic Crimes Unit. In 2010, as part of further organizational development, this unit evolved into the Financial Crimes Unit. In 2010, the Financial Crime Unit conducted investigations into one hundred and thirty-one (131) cases. |
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