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Depositions

Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition.

Criminal Law Basics

A criminal case arises when either the federal or state government seeks to punish an individual for an act that is a crime. Whereas a civil case typically deals with a dispute over rights and duties that individuals and entities owe to one another.

Tax Fraud and Corporate Criminal Liability

A corporation may be potentially criminally liable for tax fraud committed by a director, officer, or employee. Basically, the general concept for corporate criminal liability is that a corporation may be found liable for committing criminal offenses when an employee, officer, or director of the corporation commits the criminal offense. Some jurisdictions still apply the common law theory that a corporation cannot be liable for a crime because it is unable to commit a crime in its corporate capacity.

EXTRAORDINARY RELIEF

A defendant has an adequate remedy at law for a lower court's decision when he or she has a right to appeal the lower court's decision. When the defendant cannot appeal the lower court's decision, he or she may be entitled to extraordinary relief. Extraordinary relief is a method by which the defendant seeks to have an appellate court examine the lower court's actions and order the lower court to perform or to refrain from performing a certain act.

Criminal Violations of the Resource Conservation and Recovery Act of 1976

The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit.