Montana’s Case Article Review

 

 

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Montana’s Case Article Review

Comparison and Contrast between Criminal and Civil Litigation Processes

Both criminal and litigation processes take place in similar courts. Also, both share the name of a wrongdoer who is referred to as the defendant. Criminal and civil litigation differ in their goals (Thomas law offices, 2018). For instance, criminal prosecution’s primary purpose is to punish the defendant, whereas civil litigation aims to compensate the plaintiff for any injuries. Also, both differ in parties involved; for instance, criminal prosecution consists of the government, whereas civil litigation involves individual plaintiff (Thomas law offices, 2018). Unlike civil litigation, in criminal prosecution, the body that pursues a defendant depends on where the crime was committed. For example, it can be a federal or state crime. Furthermore, unlike civil litigation, which solves disputes between individuals, criminal prosecution seeks to punish illegal conduct.

The United States vs. Thomas Ressler Case Facts

Defendant has artistic knowledge. Defendant used his artistic experience to create fraudulent sweepstakes and prize notification letters (United States Department of Justice, 2018). Defendant’s conspirators include Ryan Young and Ercan Barka (United States Department of Justice, 2018). Defendant targeted each recipient of the mail. Conspirators bought a mail list from brokers and corporate entities.

The fraud case was filed in federal court because it involved the United States as a party. The fraud mails were sent to victims across the United States and beyond and also was a copyright case (United States Department of Justice, 2018). The case was handled as a criminal prosecution since the defendant had committed an illegal activity and punished.  The case was taken to trial evidence had been presented to juries bench, who decided on facts and rendered a verdict. The defendant received a fraud penalty for being incarcerated. The defendant was sentenced to thirty-six months imprisonment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Thomas law offices, (2018). What is the difference between civil and criminal litigation? Retrieved from https://www.thomaslawoffices.com/blog/law-and-information/whats-the-difference-between-civil-and-criminal-litigation/

United States Department of Justice, (2018). Montana Man Sentenced To 36 Months In Prison For Designing Fraudulent Mail Solicitations For Use In Transnational Elder Abuse Scheme. Retrieved from https://www.justice.gov/usao-mt/pr/montana-man-sentenced-36-months prison-designing-fraudulent-mail-solicitations-use