The judge then sentenced Hardwick to 15 years in prison, Maruya to 7 years, and ordered both defendants to pay over $40.3 million in restitution. Hardwick elected to go to trial and the jury found him guilty of wire fraud and several related charges. Maurya pleaded guilty to federal criminal charges.
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The government said Hardwick’s co-defendant, a woman named Maurya, helped him embezzle the funds while acting as the firm’s chief financial officer. At trial, the government argued that the first defendant, a man named Hardwick, basically siphoned millions of dollars from his real estate law firm’s trust accounts to pay back his personal debts. This case actually involved two defendants accused of orchestrating a large-scale corporate fraud. The 11th Circuit recently addressed such a scenario in a published decision, United States v. This process also ensures the government does not try to retry the defendant later for the same basic offense.ġ1th Circuit Orders New Sentencing Hearings in Corporate Embezzlement CaseĪt the same time, federal courts have said that asking for a bill of particulars is not a valid reason to seek information about the government’s trial strategy in a criminal case. 11th Circuit Court of Appeals, which oversees federal criminal trials here in Florida. The purpose of a bill of particulars is to “minimize surprise at trial,” according to the U.S. If an information or indictment is still sufficiently unclear, the defendant has the right to ask for a bill of particulars, essentially a request for further clarification on the details of the alleged crime. An indictment is similar, but it is issued by a grand jury after hearing evidence presented by the prosecutor.
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An information is a charging document filed by the prosecutor spelling out the basis for the defendant’s arrest and charge. This typically comes in the form of an information or indictment. In any criminal prosecution, the defendant has the right to know the specific charges against them.
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What Is A “Bill Of Particulars” In A Federal Criminal Case?