Wrap it Up: Packaging Your Case for Prosecution

When you decide to prosecute a fraud suspect, don't expect a prosecutor to accept your case unless you bring a professional package to the referral meeting.. 

You've detected fraud in your company, conducted interviews, gathered incriminating evidence, and have one strong suspect. Now here comes the big question: Do you prosecute?

Egregious cases of fraud and theft, replete with persuasive evidence, warrant a referral for possible prosecution. However, evidence in other cases may fall short of the elevated threshold of proof required for criminal proceedings. Some cases just don't belong in the criminal justice system because criminal prosecution isn't appropriate. Certain cases may be processed more effectively within the civil legal system or, in some instances, an irregularity may look like a crime but it may not really be a crime.

If you submit a case, a prosecuting attorney will review it carefully and methodically to decide after reviewing the evidence and circumstances if it can be prosecuted successfully under applicable law. But don't expect the prosecutor to accept the case unless you present a professional package containing detailed investigative reports, sufficient evidence, exhibits, and other items.