my son is incarcerated in Pa in a camp for working at a boiler room type of business. they were raided by the FBI and most of the people were indited
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my son is incarcerated in Pa in a camp for working at a boiler room type of business. they were raided by the FBI and most of the people were indited
my son is be incarcerated in a federal camp. he worked in a boiler room. brought in money that was never his. there were people that worked there that brought in a lot of money, but were never endited., how did they get off, and did they have to rat on the rest of them…is there a law 302 or 302A that is public papers with notifications who talked and ratted.
Asked on April 13, 2009 under Criminal Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If your son was convicted or pleaded guilty in for violation of the Federal Securities Laws, or any of the numerous charges that typically go along with that in boiler room situations including conspiracy, mail fraud, wire fraud, etc. it does not matter that all the others who worked alongside him were not also charged and convicted.
Federal prosecutors have great discretion as to who they will charge with what crime and they have discretion on what sentence to recommend to the judge. Sometimes the prosecutors base their decisions on available evidence, witnesses, prior records, and sometime they also factor in who cooperated with them in the investigation and provided evidence and when. Sometimes they get ticked when a subject of the investigation lies to them, and then throw the book at him.
You've also seen enough TV to know that the first one to talk often gets a better deal.
The prosecutors go after and convict the guilty, and have to prove guilt beyond a reasonable doubt. That some others may have been at least if not more guilty than your son is not relevant.
Does it sometimes happen that the people who are greater villains walk away Scott free, or with a minor slap on the wrist? Yes. But that does not excuse your son's conduct. He knowingly engaged in criminal conduct, probably profited, got caught and was charged and is being forced to pay the consequences. Also, very rarely does a Federal prosecutor go after someone for their first offense; most securities crooks have long track histories of illegalities; that they were not caught and convicted earlier is pure luck.
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