State Prosecutors Research Articles

Behind Bartkus: A Flamboyant Lawyer, a Vindictive Judge, and the Untold Story of Double Jeopardy’s Dual Sovereignty

A young defense attorney earns his client, charged in federal court with bank robbery, a jury acquittal. (It’s the attorney’s first.) One would expect the ‘impartial’ judge to thank the jury for its service. Instead, this one harangues both jury and defense attorney (“entailing changes in his complexion from red to purple to dead white”), publicly rails against the verdict, attempts to bar the jurors from service for life, refuses to release the defendant, and prods prosecutors to bring a duplicative state prosecution that would end in conviction for the same crime. To anyone who respects the rule of law—or at the very least to anyone who respects the American jury—this should be deeply troubling. Yet when it took place in a Chicago federal courtroom in December 1953, state prosecutors leapt at the federal judge’s call. And when the appeal of the duplicative state prosecution reached the United States Supreme Court, the defendant lost 5-4. Criminal practitioners know that result as Bartkus v. Illinois, 359 U.S. 121 (1959), a rule of double-jeopardy ‘dual sovereignty’ that the Court reaffirmed in 2019. But next to nobody appreciates how it began in that Chicago federal courtroom. That history comes to life in the unpublished notes of the remarkable defense lawyer. It is a story that underscores just how wrongheaded is the legal rule, and that makes vivid the abuse of judicial power.

Науково-технічне забезпечення слідчої діяльності в умовах змагального кримінального процесу

The article reflects the results of the work of the laboratory staff «Use of modern achievements of science andtechnology in the fight against crime» on the fundamental scientific theme «Scientific and technical support of investigativeactivities in an adversarial criminal procedure», namely: the essence and tendencies of development of scientific andtechnical support of investigative activities in the conditions of adversarial criminal procedure are determined, the roleof criminalistic techniques and innovative technologies in the structure of scientific and technical support of investigativeactivities in modern conditions is clarified, the impact of scientific and technical support of pre-trial investigation bodieson the quality of investigative activities is analyzed, the problems of using special knowledge are considered and theirrole in the scientific and technical support of investigative activities in the conditions of an adversarial criminal procedureis determined, proposals are prepared to overcome the problems of scientific and technical support of investigative activitiesin the conditions of an adversarial criminal procedure.The publication provides a critical analysis of the norms of the current legislation of Ukraine and other countriesthat regulate the procedures of collecting evidential information by the parties to criminal proceedings, highlightsproblematic and debatable issues, suggests ways to implement the principle of adversariality and equality of parties inthe collection of evidentiary information in criminal proceedings. It is noted that in the conditions of an adversarialcriminal procedure, the foundations of «adversarial» criminalistics began to form, which include the tactics of the court(judge), the tactics of state prosecution and the tactics of professional defense.Based on the generalization of criminal proceedings and the results of a survey of potential participants in the criminalprocedure (investigators, operatives, prosecutors, lawyers and judges), it was established that forensic examination playsan important role in the scientific and technical support of investigative activities and improve its quality. It has beenproved that the expert opinion (including non-state) from the defense should be considered by the investigator and thecourt along with other evidence.Key words: scientific and technical support of investigative activities, adversarial criminal proceedure, equality ofarms in criminal procedure, special knowledge.

Operation authoritarian dictatorship

At the end of April 2021, the Moscow state prosecution petitioned for Alexei Navalny’s Anti-Corruption Foundation and its regional offices to be officially declared “extremist organisations” and for them to be prohibited. The petition is based on the anti-extremism law of 2002. The vague concept of extremism makes it easier to abuse the law. It serves as a basis for preventing citizens from exerting their human and civic rights. The measures taken against Navalny’s organisations are part of the intensified suppression of the opposition. At the end of May, a new law was passed. Now, anyone can have their passive right to vote withdrawn if they have been declared an “extremist” in the past. The ultimate aim here is the suppression of society. Putin’s presidential regime is on the threshold of becoming a dictatorship.

О недопустимости «пилотных» обвинений в досудебном производстве по уголовному делу

It investigated the involvement of a person as an accused as an act of criminal prosecution, containing the position of the state prosecution in a criminal case, that is, a criminal-legal claim, which is the subject of an upcoming trial. It is concluded that, proceeding from the grounds provided for by law for attracting a person as an accused, taking into account the doctrinal positions, in accordance with which the accusation is the result of a full, comprehensive and objective investigation of the circumstances of the criminal case and presupposes practically the absolute conviction of the investigator in exposing a person of committing the crime incriminated to him, the author comes to the conclusion that this act of criminal prosecution, as a general rule, should close the main phase of the preliminary investigation, be the logical conclusion of a set of procedural actions aimed at establishing the circumstances included in the subject of proof , and be carried out in anticipation of the transfer of the materials of the criminal case for further consideration to the court. The author analyzes the reasons that predetermined the widespread spread of another, as it were, two-stage practice of pre-trial bringing a person to criminal responsibility, consisting in the issuance of the initial (“pilot”) and final charges. It has been determined that the need for movement and the presentation of a “pilot” accusation is currently associated only with the following from the meaning of Ch. 13 of the Code of Criminal Procedure of the Russian Federation, an absolutely unreasonable requirement that a person be in the status of an accused as a legal condition for choosing a preventive measure against him, which was a consequence of attempts made by the Soviet legislator to borrow a number of well-proven pre-revolutionary mechanisms and procedures without their proper adaptation to new at that time realities of criminal court proceedings.

Entrevista con Maria Elena Attard Bellido

María Elena Attard Bellido é advogada boliviana, com pós-graduação e especialização em direito constitucional, processo constitucional, direitos humanos, gênero, pluralismo jurídico e direitos dos povos indígenas. Advogada do Tribunal Constitucional Plurinacional, realizou a sistematização de toda a jurisprudência constitucional no Estado Plurinacional da Bolívia. Ela é professora de pós-graduação em várias universidades na Bolívia, incluindo Universidad Andina Simón Bolivia, Universidad Mayor de San Andrés UMSA, Universidad Mayor de San Simón UMSS, Universidad Gabriel René Moreno, Universidad San Francismo Xavier de Chuquisaca USXCH, Universidad Amazónica de Pando, Universidad Juan Misael Saracho, Universidade Tomás Frías, Universidade Século XX, Universidad del Valle, Escola de Juízes do Estado, Escola de Promotores do Estado, Escola de Administração Pública. Atualmente coordena o Mestrado em Administração de Justiça com foco em direitos humanos da Universidade Chiquitana, voltado para autoridades judiciais e fiscais da Amazônia boliviana. Ela também faz parte da Clínica Jurídica para o litígio estratégico de direitos da Fundação Construir e está vinculada à rede de mulheres constitucionalistas latino-americanas.

К вопросу о прокуроре как субъекте доказывания в досудебных стадиях отечественного уголовного процесса

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM

The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.

Implementation of the competitiveness of the parties during the trial in the criminal proceedings of Ukraine

The article reveals the essence of the principle of adversarial proceedings of the parties and the peculiarities of its implementation during the trial in the criminal proceedings of Ukraine. The theoretical views of scientists, which determine the essence of adversarial proceedings and the role of the court in criminal proceedings, are considered. Through the prism of the parties' adversarial proceedings, the norms of the Criminal Procedure Code of Ukraine (CPC) are analyzed, which determine the general procedure of court proceedings, as well as the procedural form of individual court actions. Amendments to the CPC to provide introductory speeches at the beginning of the trial to both the prosecution and the defense, which are aimed at ensuring equal rights of the parties and expanding the adversarial nature of the parties at this stage. The problems of ensuring the adversarial nature of the parties have been clarified, taking into account the case law of the Supreme Court and the European Court of Human Rights (ECtHR). The analysis of the case law of the ECtHR concluded that ensuring the right to a fair trial in criminal proceedings presupposes that the trial, including procedural elements, must be adversarial and in this process the principle of equality of arms and defense must be ensured.
 Attention is paid to the peculiarities of the parties' adversarial proceedings in special court proceedings, jury trials and criminal proceedings in the form of private prosecution.
 It is established that in the case law of the Supreme Court the participation of the prosecutor in the trial of criminal proceedings in the form of private prosecution is recognized as a guarantee of equality and adversarial proceedings, as well as protection of the rights and legitimate interests of the victim. Such participation is obligatory, except in the case when the prosecutor refused to support the state prosecution, and the victim agreed to support the prosecution in court

Una discusión sobre el concepto de fosa clandestina y el contexto mexicano: el caso de Guanajuato

El objetivo del artículo es presentar y discutir el concepto de fosa clandestina, aterrizándolo al contexto mexicano y al caso de Guanajuato. Se construye un estado del arte y una panorámica conceptual para dar cuenta de la evolución en el uso y en los significados del concepto de fosa clandestina a nivel internacional y especialmente en México, en el ámbito de la crisis de derechos humanos y de violencia actual. Con fuentes hemerográficas y documentos oficiales se analiza la situación de las fosas clandestinas en Guanajuato y la postura de la Fiscalía estatal al respecto. Finalmente, se hace un balance crítico del proceso legislativo de la Ley de Búsqueda de Personas Desaparecidas del Estado de Guanajuato y de las propuestas de definición de fosa clandestinas que, aunque no fueron incluidas, contribuyeron al debate público sobre este fenómeno y se pueden interpretar como parte de una disputa política y social.

PENGARUH LINGKUNGAN KERJA DAN INTEGRITAS TERHADAP KINERJA PEGAWAI

This research aimed to examine the influence of the work environment and integrity on the performance of employees at the Padang Public Prosecutor's Office. This research was a quantitative study with 72 respondents obtained using the Slovin formula with Proportional Random Sampling technique. The instruments used for the study were questionnaires with a Likert scale measurement. The analysis of this research used multiple linear regression test. The results of hypothesis testing indicated the effect of work environment and integrity on employee performance at the Padang State Prosecutor's Office at the level of 0.016 <0.05; so that the work environment and integrity have a significant effect on performance. While the results of the Adjusted R Square indicated the value of 0.087. This means that the contribution of work environment and integrity variables was 8.7% with a difference of 91.3% which was influenced by other variables

Pretrial Dismissal in the Interest of Justice: A Response to COVID-19 and Protest Arrests

The coronavirus pandemic, which, when paired with unsanitary and overcrowded incarceration conditions, can transform a few months’ sentence into a lifelong health condition or death, compounds the inherent dangers of incarceration in America. Since March 2020, defense attorneys have argued for the release of their clients pending trial, persuasively contending that their clients should not be exposed to a potentially lethal contagious disease for a mere allegation of violating a law. This Essay proposes that courts use their authority to dismiss such cases in the interest of justice and provide a counter to prosecutorial discretion, which has failed to lead us out of over-incarceration in the midst of a pandemic. Fourteen states and Puerto Rico have long recognized judicial power to dismiss a case not on the legal merits, but in the interest of justice. Courts have historically invoked that power to respond to health crises. When COVID-19 transforms any type of carceral punishment into a lethal punishment, courts are equipped to consider these factual circumstances and take an action that most resonates with justice: dismissal. Similarly, when protesters are arrested, courts have occasionally dismissed charges in the interest of justice to protect the principles of freedom of speech. With tens of thousands of individuals arrested at protests during the pandemic, for crimes ranging from curfew violation to disorderly conduct to sedition, dismissal based on public interest and factual context rather than legal propriety may safeguard respect for the criminal legal process in a time when it is most challenged. Finally, state prosecutors nationally anticipate filing charges against defendants once the COVID-19 pandemic abates. In the face of what might be an overwhelming and under-scrutinized docket of cases, dismissal in the interest of justice may become a necessary judicial tool. Judges can dismiss charges in order to manage the docket, focus on higher-level criminal charges, and disrupt the heightened pressure on defendants to plead guilty, particularly to low-level offenses. Quick guilty pleas can result in defendants pleading to unsubstantiated allegations or to crimes they did not commit.This Essay proceeds in four parts. Part I introduces dismissal in the interest of justice, while Part II discusses the impact of COVID-19 on people incarcerated in jails and prisons and the relevance of dismissals during the pandemic. Part III explores the application of dismissal in the interest of justice to protest arrests during the pandemic and protecting freedom of speech principles. Lastly, Part IV suggests that judges dismiss stockpiled charges for which defendants received a citation or are released on bond and months later will face a criminal proceeding. These dismissals can lead to greater efficiency for courts as they face an overwhelming docket of backlogged cases.

Is “Public Interest” a Conceptual Category of Contemporary Polish Procedural Criminal Law?

This study aims at presenting conceptual category named “public interest” under the Polish procedural criminal law. The concept of “public interest”, which is the subject of this analysis, is treated as an indefinite term, functioning as a general clause, whose the task of which is to render a legal text more “flexible” by referring to a set of values outside of the system. The term “public interest” is no longer used in the provisions of the Code of Criminal Procedure. The legislator still uses many other general clauses, including the “social interest” clause. The analysis of cases in which this clause is used shows that, in fact, these two conceptual categories may not be equated, should not be used interchangeably, and are not synonymous. Although the term “public interest” is no longer a statutory term under the Code of Criminal Procedure, given the fact that it expresses values such as respect for the law and the rule of law, it should be assumed that by proper shaping of the criminal trial model and ensuring that entities performing the role of public interest advocates participate in it, these values are – at least potentially – protected. State prosecutors, in their capacity of public interest advocates and in order to properly discharge their duty to uphold the rule of law, should maintain organizational independence and procedural impartiality.

PENYELESAIAN TUNGGAKAN REKENING AIR PERUSAHAAN DAERAH AIR MINUM (PDAM) KOTA PADANG OLEH JAKSA SELAKU PENGACARA NEGARA (Studi pada Kejaksaan Negeri Padang)

This research examines the implementation of the Settlement of Water Account Arrears at the Padang City Water Company (PDAM) by the Prosecutor as State Lawyer (Study at the Padang State Prosecutor's Office). This research is a descriptive analytical study. The approach method used in this research is juridical normative with an empirical approach, using secondary and primary data collected through literature and field studies with data collection techniques through interviews and documentation. The results showed that: PDAM has billed but not getting the maximum results, Kejari Padang is experienced in helping to settle arrears for customers of PT Permodalan Nasional Madani (Persero) Tbk and PDAM continues to cooperate with Kejari Padang. Second, the settlement of water account arrears for PDAM Kota Padang customers by the Prosecutor as the State Attorney is that the PDAM contacts the Padang Prosecutor's Office and coordinates regarding the material of the problem so that JPN digs up the problem, if it enters the civil realm then the PDAM makes a Special Power of Attorney as the basis for JPN to call customers who are in default, Some customers who have been summoned have paid in full and some have paid in installments (made a full payment statement), if the agreement cannot be reached, JPN will make a report to the leadership and the leadership to report to the PDAM that the resolution of the problem can be done through a litigation process.

Examination and subsequent evaluation of criminal case materials by the prosecuting attorney as the basis for effective organization of the judicial inquiry

The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.

Nontraditional Criminal Prosecutions in Federal Court

Who, besides the U.S. Department of Justice, can prosecute criminal actions in federal court? This Article considers this question, which has arisen recently in various contexts—DOJ’s attempt to abort the prosecution of former National Security Advisor Michael Flynn, the contempt prosecution of former Sheriff Joseph Arpaio (who received a presidential pardon), the confrontation over the court-appointed interim U.S. Attorney in New York, and a local District Attorney’s threats to prosecute lawbreaking federal law enforcement officials. Consider first nontraditional trial-level federal prosecutions. The Constitution’s Take Care and Appointments Clauses, as well as standing, preclude private prosecutions and prosecutions by states and Houses of Congress. Court-appointed interim U.S. Attorneys may oversee federal prosecutions, and court-appointed special prosecutors may prosecute criminal contempt cases. However, court-appointed attorneys likely cannot undertake broader responsibilities. Consider next criminal appeals. While the Supreme Court has acknowledged the possibility of a state’s appellate standing where DOJ declines to appeal a federal criminal decision holding a state statute unconstitutional, that precedent is dubious. Moreover, even if a state’s standing is sometimes proper, the case for appellate standing of a House of Congress is weaker. Finally, consider state prosecutions in federal court. A state should have standing to appeal criminal cases to the Supreme Court, and to pursue properly removed state criminal prosecutions in the lower federal courts, as should any properly designated state governmental entity. To the extent a state allows private prosecutions, aggrieved individuals ought to be able to pursue such prosecutions if they are properly removed.

In the matter of some issues on the notice of accusation according to criminal procedural law of Ukraine

The author examines the problematic issues of the essence of the notification of suspicion, its concept, meaning, which scientists interpret as: procedural activity, the meaning of which is the preparation by the investigator or prosecutor of a written notice of the suspicion and its delivery to the person in accordance with Art. art. 276-279 of the Criminal Procedural Code of Ukraine; procedural decision; procedural action; institute of criminal procedural law; pre-trial stage and the form of notification; pre-trial investigation stage; the first stage of formation of the state prosecution; the primary form of indictment against a specific person; commencement of the prosecution function. The ambiguous legislative regulation of the institution of notification of suspicion is considered, in particular, the absence of specific normative consolidation of the basic concepts of the institution of notification of suspicion and contradiction of the articles of the Criminal Procedural Code of Ukraine (Article 177 and Article 276), and chapter 22 of the Criminal Procedural Code of Ukraine, entitled “Notification of suspicion” regarding the connection of the procedural activity from the notification of suspicion with the array of the procedural actions of the investigator and / or prosecutor, the meaning of which is to establish legal and factual grounds for notification of suspicion (Art. 276), the drafting of a written procedural document (notice of suspicion) (art. 277) and its delivery to a person (art. 278). Attention is drawn to certain aspects when giving notice of suspicion and explaining rights to a person, as well as to typical procedural errors when notifying a person of suspicion, namely, acquisition of the procedural status of a suspect from the moment of actual delivery of mail with notification of suspicion; the formal explanation to suspects of the scope of their rights, the possibility of abuse by investigators and prosecutors of the right to apply a special procedure for notifying a person of suspicion. Key words:notice of accusation (suspicion notification), legal and factual grounds for suspicion notification, procedure for suspicion notification, notice of accusation submission, explaining rights to the suspect, notification delivery, typical procedural errors.

Jueces que dicen el derecho: Levene y Maier Reformadores de la justicia penal argentina

Ricardo Levene (h.) y Julio Maier se destacaron de forma simultánea como jueces, juristas y profesores de derecho penal, y fueron quienes en el siglo XX bregaron en la Argentina por la reforma del primer Código de Procedimientos en lo Criminal para la Justicia Federal, que habí­a sido promulgado en el año 1888. En este trabajo se presentan las trayectorias de ambos "reformadores" para hacer visible el impacto tanto de su experiencia comode la internacionalización en la gesta y la promoción de la transformación legislativa en materia penal a nivel local con su consecuente incidencia en la región latinoamericana. Se muestra, en particular, su apuesta por el derecho penal comparado y su circulación transnacional, tanto en su formación académica comoen el trabajo profesional asociado fuertemente a la reforma de la justicia penal. La metodologí­a de investigación es cualitativa, llevada a cabo por medio de entrevistas y el relevamiento de fuentes secundarias. En las conclusiones, se enfatiza el aporte de abordar las trayectorias de los expertos en derecho de modo de apreciar el impacto de la transnacionalización en la conformación de redes profesionales y la circulación de las ideas jurí­dicas, en este caso, en la constitución de los procesos de reforma procesal penal federal y la consecuente transformación del modelo de enjuiciamiento estatal.

Deslizamentos de sentido da palavra “mulher” em políticas públicas sobre violência doméstica

Neste artigo, à luz do referencial teórico da Análise do Discurso materialista, objetivamos analisar a cartilha “Mulher, vire a página…”, publicada pelo Ministério Público do Estado de São Paulo, em 2016. A partir da emergência de políticas públicas voltadas para a violência doméstica em nossa sociedade, é relevante pensar sobre como essas políticas públicas produzem sentidos sobre violência de gênero e sobre como elas evidenciam um modo de funcionamento da ordem social. Nossa análise se detém nos deslizamentos da palavra “mulher”, que ora ocupa o espaço de endereçamento, ora ocupa o espaço de discurso sobre. Além disso, mobilizamos o conceito de condições de produção (ORLANDI, 2010) para refletir sobre como formulações anteriores sobre violência doméstica são retomadas no discurso, e o de formações imaginárias, como proposto por Pêcheux (1997a), para pensar sobre a representação do lugar social da mulher na cartilha, partindo de um entendimento de que o gênero está inscrito no jogo das formações imaginárias e das relações de força materializadas na língua. Compreendemos que essas relações de força estão em constante transformação no motor da história, de modo que observamos deslizamentos de sentidos historicamente estabilizados sobre mulheres e violência doméstica.

TV fiction and state fiction: Abseits/offside (1981), a socialist narrative of violence in East German football

ABSTRACT This paper aims to analyse the SED (Socialist Unity Party of Germany) regime’s desire to control the public discourse about violence in GDR (German Democratic Republic) football and its wilful downplay as a non-political matter. The TV film Abseits (Offside), episode of the very popular series Der Staatsanwalt hat das Wort (The Prosecutor has the Floor) presented by state prosecutor Dr. Peter Przybilski and broadcast in prime time on DDR1 in December 1981, shall serve as example of this ideologized fiction building. Violence in GDR football was represented as a societal problem caused by adolescents and young adults with excessive alcohol consumption or psychological predisposition. Abseits/Offside confronts its audience with a filmic narrative centred around a non-football specific Rowdytum resulting of a love rivalry. Violence only erupts on the fringes of the stadium and Abseits (Offside) at least offers a fictional ellipsis and euphemism of reality in GDR football.

The Danske Bank Money Laundering Scandal: A Case Study

The case discusses the money laundering scandal at the Estonian branch of Danske Bank, the largest financial institution in Denmark. Danske Bank money laundering scandal is one of the largest money laundering scandal in European history. It began in 2007 following the acquisition from Danske Bank of Finnish Sampo Bank, which also had an Estonian branch. Between 2007 and 2015 over €200bn of suspicious transactions originating from Russia, former Soviet states and elsewhere flowed through its Estonian branch non-resident portfolio. Danske Bank stock price has been declining since March 2017 when the newspaper Berlingske first issued a series of articles on money laundering claims resulting in a significant destruction of shareholder value. Media reports widely misinterpreted the €200bn figure as representing entirely money laundering rather than a combination of legal and illicit transactions. In September 2018, Danske Bank admitted that its procedures for oversight failed completely in this case and that its money laundering controls in Estonia has been insufficient. As a result, the CEO and the Chairman of the Board of Directors stepped down and a number of employees both at the Estonian branch and at Group level were found not in compliance with legal obligations forming part of their employment with the bank and therefore dismissed. On February 2019 the Estonian Financial Supervisory Authority (FSA) intimated Danske Bank to cease its activities in Estonia. At the same time, independently of the notification from the Estonian FSA, Danske Bank decided to cease its activities in Latvia, Lithuania and Russia in line with its strategy of focusing on its Nordic core market. Danske Bank is currently under investigation from a range of authorities and it is expected that Danish, Estonian, European and US regulators will impose penalties. Moreover, twelve former employees in Estonia are under investigation by the Estonian State Prosecutor. Furthermore, in May 2019 the former CEO and other nine group senior managers were preliminarily charged in the case by the State Prosecutor for Serious Economic and International Crime (SOIK). Other European banks (Deutsche Bank, Swedbank, Raffeisen Bank) are being drawn into the case for allegedly helping transfer illicit funds from Danske Bank. It is unclear at this time how long the Danske Bank money laundering case will last or how many entities it will draw in.