Factors to Consider in Resolving Cases

Final Law 315 2024
Please return to me via email. Remember, please email me your answer in either Word or PDF. Please save your work as your last name and final. For example, “smith final.docx or kelly final.pdf.”

Please review the fact patterns from Quiz 1 and the Midterm Exam as you will need to refer to them for the specific facts contained therein. They are posted on UB Learns/Brightspace.
This is an exercise on how you would apply a variety of factors to resolve the case and your reasons for doing so. Your assignment for the exam is to propose a plea resolution for Ms. Doe and Mr. Smith that considers restitution, potential prison sentences or any other sanction you argue is appropriate. For the purposes of this assignment, you can presume the Court will be amenable to an agreed upon sentence between the prosecution and defense.
You and the defense attorneys representing Ms. Doe and Mr. Smith are engaging in plea negotiations. Please indicate what charge or charges you would offer to each defendant to resolve their criminal charges and, based upon the factors listed below and the facts from Quiz #1 and the Midterm, why you would make the plea offer.
Make sure to discuss any requirement for restitution to homeowner #1, homeowner #10, Sven and/or the Clark Capital of the investor group. How much to each? Indicate if any restitution be by agreement with the defendant/s with confessions of judgment or will a restitution hearing be required? It is expected that your answers would be at least 4-5 paragraphs for each offender.

The charges:
A sample indictment will be uploaded to UB Learns. The indictment indicates that Ms. Doe and Mr. Buck have been charged with:
Tax Fraud
Grand Larceny (For brevity purposes, the sample indictment only lists 1 of the 15 home buyers, but you can consider these victims in your plea resolution.)
Money Laundering
Scheme to Defraud
Plea consideration factors:
To help you consider any plea offers that might include a fewer number of charges or lesser charges than those charged in the indictment, please consider the following:
Ms. Doe has no previous criminal history.
Ms. Doe has initiated divorced proceedings against Mr. Smith and has provided ample information about his theft and use of Sven’s trust monies.
Ms. Doe sold a condo in the Florida Keys and has approximately $750,000 which she has agreed to make available for restitution. Ms. Doe owned this property prior to her marriage to Mr. Smith and she does not intend to share any restitution to help Mr. Smith’s potential plea opportunities.
Mr. Smith has a prior felony conviction, and any felony plea will result in a mandatory prison sentence.
Mr. Smith has agreed to sell his Mercedes (worth $75,000) to apply towards any restitution (his new love interest, Ms. Porsche, has convinced him that this is in his best interest).
Sven has civilly sued the bank where his trust funds were held. He is claiming Betty Bank, as an employee of the bank, was negligent and failed to safeguard his funds, thus allowing Smith to engage in the larceny. He is likely to prevail, and the bank may be responsible for providing Sven a return of his monies stolen by Smith.

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