OFFICE OF THE DISTRICT ATTORNEY GEORGE H. BRAUCHLER, DISTRICT ATTORNEY 18TH JUDICIAL DISTRICT

Transcription

1 OFFICE OF THE DISTRICT ATTORNEY GEORGE H. BRAUCHLER, DISTRICT ATTORNEY 18TH JUDICIAL DISTRICT SERVING ARAPAHOE, DOUGLAS, ELBERT AND LINCOLN COUNTIES 6450 S. REVERE PARKWAY CENTENNIAL, CO (720) FAX (720) ECONOMIC CRIME COMPLAINT FORM Introduction Please complete the following questions and provide the requested information and documentation to your local law enforcement agency. Due to the high volume of complaints received by local law enforcement agencies and the District Attorney s Office, all complaints must be submitted in written form. In many cases, Investigators cannot begin to investigate an alleged economic crime without access to business, bank, government and other records; and investigators do not have the legal authority to obtain them at the complaint stage. The investigator must depend on the complainant to provide those records to which they are entitled. This Complaint Form lists information and documents that the District Attorney s Office believes are needed to determine whether criminal charges should be filed; however, your local law enforcement investigator may request additional information. The District Attorney s Office may not review a case for filing unless the information and documentation requested in this form are complete. This information, in addition to the information that may be required by your local law enforcement agency, may result in the case being transferred to another jurisdiction where a different law enforcement agency or regulatory agency will evaluate your complaint. If the investigator believes that criminal charges may be warranted, the investigator will present a case filing to the District Attorney s Office for review. The District Attorney s Office will consult with the investigator before making a decision to file or not to file criminal charges. The prosecution s burden of proof in a criminal case is proof beyond a reasonable doubt, which is much more than is required in a civil case. Allegations of criminal conduct should be supported by tangible physical evidence, documentation, and eyewitnesses whenever possible. The District Attorney represents the People of the State of Colorado against defendants accused of committing crimes and does not represent victims of crime on an individual basis. If you believe that you may have a civil claim against the person or business on which you are basing your complaint, please be aware that you may have claims that will not be addressed by the filing of any criminal charges. Civil claims may be forever barred if no lawsuit is brought within the applicable statute of limitations. Therefore, you may wish to consult an attorney experienced in civil law today to discuss the facts of your complaint. Please understand that it may take several months or longer after you provide all of the necessary information to your local law enforcement agency to determine if criminal charges can and should be filed. Your local investigators are involved in assessing and investigating many complaints each day, and complex economic crimes require additional time to assess, evaluate and investigate. If Court orders are needed to obtain documents, it will take at least an additional sixty days to do so. Thank you for your patience in this process. Please contact the Director of Consumer Protection, John Skoglund, or his assistant at if you need assistance to complete this Complaint Form. THANK YOU, ECONOMIC CRIME UNIT 18 TH JUDICIAL DISTRICT ATTORNEY S OFFICE SERVING ARAPAHOE, DOUGLAS, ELBERT AND LINCOLN COUNTIES Page 1 of 5

2 ECONOMIC CRIME COMPLAINT FORM PLEASE PROVIDE THE FOLLOWING INFORMATION, GIVING AS MUCH DETAIL AS POSSIBLE. PROVIDE COPIES OF DOCUMENTS THAT SUPPORT THE ALLEGATIONS AND KEEP THE ORIGINALS. PLEASE ATTACH ADDITIONAL PAGES AS NEEDED TO FULLY EXPLAIN THE CIRCUMSTANCES OF YOUR COMPLAINT. 1. COMPLAINANT (YOUR) NAME: COMPLAINANT (YOUR) DATE OF BIRTH: IF YOU ARE COMPLAINING ON BEHALF OF ANOTHER, PLEASE PROVIDE THEIR INFORMATION: Name: Age: Address: Contact Information: 2. COMPLAINANT (YOUR) ADDRESS: 3. COMPLAINANT (YOUR) CONTACT INFORMATION: H: B: C: Fax: 4. COMPLAINT IS AGAINST: Business/Person s Name: Address: City: State: Zip: Business Contact: Business Phone: Other: Economic Crime Complaint Page 1

3 5. GENERAL NATURE OF YOUR COMPLAINT (Please provide a short summary of the facts of your complaint.): 6. LIST ALL AGENCIES YOU HAVE CONTACTED REGARDING THIS COMPLAINT. INCLUDE CASE NUMBERS IF APPLICABLE, THE INDIVIDUAL(S) YOU SPOKE WITH AND THEIR CONTACT NUMBERS (Include any local law enforcement agency, State or Federal Attorney General s Office or agency including the FBI, Secret Service, Colorado Division of Real Estate, Division of Securities, Motor Vehicles, etc.): 7. LOCATION OF OCCURRENCE(S) (Please be specific and name the city, county and state. Include, for example, where any contract was signed, where any work was performed, where any phone calls originated or where they were received, where any check was cashed or money paid, etc.): 8. LIST COMPLETE/CURRENT CONTACT INFORMATION FOR ALL INDIVIDUALS INVOLVED WITH YOUR COMPLAINT, ALONG WITH A BRIEF SUMMARY OF THEIR INVOLVEMENT. INCLUDE PERSON(S) YOU BELIEVE SHOULD BE INTERVIEWED AND WHY. PLEASE USE A SEPARATE DOCUMENT IF NECESSARY. (For example: John Smith; Contact Address, Phone, ; Involvement: Present when contract was signed, worked as a subcontractor, can identify the suspect, was also a victim, was present at the real estate closing, took over duties of the suspect, also heard the suspect s statements, etc.) Economic Crime Complaint Page 2

4 9. IN A SEPARATE ATTACHMENT, PLEASE DISCUSS ALL OF THE EVENTS RELATED TO YOUR COMPLAINT USING THE FOLLOWING OUTLINE FORMAT. PROVIDE AS MUCH DETAIL AS POSSIBLE FOR EACH SECTION AND PRESENT THE FACTS IN DATE ORDER. PLEASE BE SURE TO SPECIFICALLY IDENTIFY ANY SUPPORTING DOCUMENTS OR WITNESSES YOU MAY REFER TO. a. Background: what transactions, communications and connections did you have with the person(s) or business involved prior to the alleged crime? b. Discuss when, how and by whom the crime was discovered. Please identify all witnesses and provide copies of all documents regarding the discovery of the crime(s). c. Please state the amount of any loss or theft you are alleging, state who can testify regarding the loss, and attach all documents supporting the amount of the loss. d. If the suspect(s) talked to you or anyone else about the subject of your complaint, please list what was said, when it was said and to whom it was said. If the suspect(s) did not talk to you directly, please be sure to identify who you are getting your information from. e. Please describe what actions you have taken to address your concerns prior to filing this complaint, including informal efforts to resolve the dispute, civil lawsuit, etc. f. Is the suspect aware you are filing a criminal complaint? If an investigator is able to speak with the suspect, what do you think the suspect s story will be, and why? 10. PLEASE PROVIDE LEGIBLE COPIES OF ALL DOCUMENTS DIRECTLY RELATED TO YOUR COMPLAINT, INCLUDING BUT NOT LIMITED TO THE FOLLOWING DOCUMENTS IF THEY ARE APPLICABLE TO YOUR SPECIFIC COMPLAINT. PLEASE PROVIDE COPIES WITH WRITING ONLY ON ONE SIDE: a. Proof of all payments made by you or made to you. If you are alleging embezzlement, provide proof of all payments made from your account(s) without your authorization. Copies of all checks must be legible and include both the front and back of the check. The investigator must be able to read the signature, bank routing numbers and transaction information on the backs of all checks you provide. Document all wire transfers, receipts, and any other proof of payment etc. You may be asked to provide bank and credit card statements. Economic Crime Complaint Page 3

5 b. Written Contract, Addenda, Change Orders, Letter of Understanding or similar documents. c. Letters, s, recordings and other communications that contain statements of the suspect or other witnesses that support your complaint. d. Photographs, blueprints, invoices. e. Loan documents, application, and supporting records. f. Items filed with the County Clerk and Recorder s Office such as Deeds, Deeds of Trust, Mechanic s Liens, Transcripts of Judgment, formal notices, etc. g. Real estate closing documents including the appraisal, sales contract, loan documents, HUD-1 statement, closing instructions, etc. h. Documents created to investigate, analyze or summarize the crime, including spreadsheets, accounting records, etc. If MS Excel or another program was used to create spreadsheets, please provide an electronic copy in addition to printouts. i. Any other documents that help to verify and prove that the crime happened. Bankruptcy records of the suspect; arbitration records; copies of witness testimony in related civil cases; etc. 11. IF YOU ARE UNSURE WHETHER ADDITIONAL DOCUMENTS ARE NEEDED BY THE INVESTIGATOR, PLEASE PROVIDE A LIST OF THE ADDITIONAL DOCUMENTS YOU MAY HAVE AVAILABLE. 12. IF A CIVIL LAWSUIT WAS FILED BY ANYONE INVOLVED, PLEASE PROVIDE A COPY OF THE COMPLAINT, ANSWER AND ALL RESPONSIVE DOCUMENTS INCLUDING ALL ATTACHMENTS. 13. ARE YOU REPRESENTED BY AN ATTORNEY IN THIS MATTER? YES / NO IF YES, MAY THE INVESTIGATOR CONTACT YOUR ATTORNEY TO DISCUSS THIS COMPLAINT? YES / NO ATTORNEY NAME: PHONE NO. I am the Complainant named above and I certify that the information I am providing to law enforcement is true and correct to the best of my knowledge. (Signature of Complainant) (Date) Please take the completed Economic Crime Complaint Form and a copy of all supporting documents to your local law enforcement agency. Contact information for law enforcement agencies in the 18 th Judicial District is available through the Reporting an Economic Crime section of the District Attorney s website located at the bottom of the page. Economic Crime Complaint Page 4