IACC Day 6 Afternoon Closing Session:
Challenges of Prosecuting Fraud and Public Corruption Across International Borders
Discussant: Robert E. O’Neill, former United States Attorney for the Middle District of Florida
|
Robert O’Neill served as the United States Attorney for the Middle District of Florida on two separate occasions under Presidents Bush and Obama. In that position, he investigated and prosecuted cases in addition to handling his supervisory responsibilities.
Bobby started his legal career as an Assistant District Attorney in the Manhattan District Attorney's Office under the legendary Robert Morgenthau, the then Manhattan District Attorney. In that office, he was assigned to a Trial Bureau. His responsibilities included the prosecution of criminal cases from inception through appeal. He then became an Assistant United States Attorney in the Southern District of Florida (Miami). In addition to prosecuting federal criminal cases, Bobby also held several supervisory positions in that office, including Deputy Chief, Major Drug Traffickers Section and Chief, Financial Litigation Section. After a stint in private practice, Bobby returned to public service and became an Associate Independent Counsel in the Office of Independent Counsel in Washington, DC. His primary responsibility in that office was as trial counsel in a case involving allegations of public corruption. After the trial concluded, Bobby accepted a position as an Assistant United States Attorney in the Middle District of Florida (Tampa). In that office, he was first assigned to the Organized Crime and Drug Enforcement Task Force ("OCDETF") and then to the Economic Crimes Section. In addition, he held several supervisory positions, including Chief, Special Prosecutions/ Public Corruption Section; Anti-Terrorism Coordinator; Chief, Criminal Division; and First Assistant United States Attorney. In addition, on two separate occasions, he was selected for assignments outside the Middle District. For one, he became an Associate Independent Counsel in a separate Office of Independent Counsel. Again, he was assigned as trial counsel in a case involving allegations of public corruption. He was also designated as the head of the office in San Francisco, California. As for the other assignment, he was requested to accept the position of Deputy Chief in Charge of Litigation of the Narcotic and Dangerous Drug Section at the United States Department of Justice in Washington, DC. 
Photos by World Partnerships
|
Mr. O’Neill described the challenges of prosecuting public corruption in the US. Public corruption prosecutions are treated differently in the US – “If you shoot the king, you better kill him” is the operative rule. Investigating is comparatively easy; prosecuting is not. Nevertheless, “following the money” has gotten easier in recent decades, as more financial expertise has been attracted to the Department of Justice, and as more statutory tools have been put at their disposal, such as Suspicious Activity Reports (SARs), Currency Transaction Reports (CTRs), and conspiracy laws, like the Racketeer-Influenced Corrupt Organization (RICO) statute. Securing actual documents – including phone records, email, digital documents, transaction memoranda, etc. is also key to prosecutions – “Witnesses lie, disappear; documents do not.” Prosecutors also use leads from investigative reporting, including celebrated leaks like the “Panama Papers”. However, Mr. O’Neill observed that the decline of local and national investigative reporting has hindered lead generation for prosecutors in public corruption cases. Throughout his presentation, Mr. O’Neill wove in stories of a number of public corruption cases, including recent cases relevant to members of the IVLP group. As countries typically focus on corruption and fraud within their own borders, he concluded by underlining the need for international cooperation and streamlined rules to handle the massive international scale of financial fraud and public corruption that today easily crosses borders and jurisdictions.
|
|
At the close of the session, World Partnerships extended its thanks to the IVLP group, the international liaisons, and the interpreting teams for an unforgettable week of workshops, meetings and cultural activities, and bade them farewell as they traveled to Washington, DC to receive their “International Anti-Corruption Champions Awards” from Secretary of State Blinken.
|
Photo by Todd rose
|