Plea Bargains in Fraud Cases

When possible, United States Attorneys should require an explicit stipulation of all facts of a defendant's fraud against the United States when agreeing to a plea bargain, including acknowledgement of the financial consequences or damages to the government. A good example of this approach and its usefulness in ensuing civil litigation may be found in

United States v. Podell

, 436 F. Supp. 1039, 1042-1044 (S.D.N.Y. 1977),

aff'd

572 F.2d 31, 36 (2d Cir. 1978). Concerning such pleas, USAs should also be aware of

JM 9-2.159

;

9-27.641

(Multi-District (global) Agreement Requests);

9-42.010

(Coordination of Civil and Criminal Fraud Against the Government);

9-42.451

(Plea Bargaining in Medicare/Medicaid Cases); and

9-16.030

(Investigative Agency and Victim to be Consulted).