Instructions
CRIMES & DEFENSES
WEEK 7 ASSIGNMENT
DUE SUNDAY, OCTOBER 2
Case:
U.S. v. Billy McFarland
In late 2016, McFARLAND established a subsidiary, Fyre Festival LLC, to hold a music festival called the “Fyre Festival” over two weekends in the Bahamas. McFARLAND made repeated misrepresentations to investors with respect to their investments in Fyre Festival LLC. McFARLAND overstated the Festival’s receivables that he used as collateral for numerous investments to cover Festival expenses. McFARLAND also secured numerous investments in Fyre Festival LLC by claiming that investors would have the rights to payouts from Festival event cancellation insurance policies when, in reality, no event cancellation insurance policies had been executed for the Festival. Ultimately, the Festival was canceled and widely deemed to have been a failure.
Directions: Research the case of U.S. v. Billy McFarland.
I have provided some resources for you, but you are permitted to use other reliable, scholarly sources (No Wikipedia or blogs). You should then craft a written opening statement as Billy McFarland’s defense attorney.
Your opening statement should meet the following format requirements:
One page
Double-spaced
12-point font
Times New Roman
References (in APA format)
Your opening statement should include the following components:
Introduction
“This is a case about taking chances.”
“Mary Jones had a dream and a plan.”
“Revenge. That’s what this case is all about.”
“This is also a case about pain. Mr. Johnson’s only companion today is constant pain.”
“This is a case about police brutality”
Parties
Who is involved in the case?
Scene
Describe the scene so the jury can visualize it.
Instrumentality
Vehicle, machinery, equipment, etc.
Date, time, weather and lighting
Issue
Denial of Prosecution’s version of the disputed facts of the case
What happened
Basis of guilt/nonguilt
Point out holes in plaintiff’s story
Find ways plaintiff’s story is not persuasive
Emphasize your OWN picture and conclusion
Anticipating and refuting the other side
Conclusion
“At the conclusion of this case, you will have grave doubts that Tom Smith was anywhere near the robbery when it occurred. If anything, you will be convinced that someone else did it. Consequently, Tom Smith is simply not guilty of anything.”
PLEASE NOTE****
– we do not have to get him aquitted of all charges
– we can admit he owes the money, but is not guilty of the charges
– we are to write this without the real verdict and trial in mind
– the reference page is the only thing that must be in APA format
Here is what he was charged with!
– https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud