Investor Presentaiton

Effective December 1, 2021 (d) (2) received in evidence, and in judicial opinions. Government's Initial Responsibility. Nebraska Criminal Rules If the government intends to disclose the substance of intercepted communications in briefs, exhibits, motions, or otherwise, it must comply with Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. §§ 2510-2522, particularly 18 U.S.C. § 2517 and 18 U.S.C. § 2518(8)(b), or, in the case of conversations intercepted under a state court order, the Nebraska equivalent of the provisions of Title III. Applications for disclosure in a federal proceeding must be addressed to a federal judge even if the interception was authorized under state law. If federal and state law conflict, federal law governs federal court proceedings. Use at Trial. Because the use of intercepted communications at trial presents special problems, the government's attorney must try to stipulate with the opposing attorney at least 60 days before trial regarding the use of interceptions at trial. If a stipulation is reached, it must promptly be given to a judge for review. The judge may approve or reject all or part of the stipulation and enter appropriate orders. If a stipulation is not reached, then the government's attorney must file, no later than 50 days before trial, a motion requesting an order instructing the parties regarding the use of intercepted communications at trial. 43.1 Corporate Defendant. 44.1 A corporate defendant need not be present at criminal proceedings and may proceed through the defense attorney, if the attorney is authorized to act on the defendant's behalf in the proceedings through a specific corporate resolution from the defendant's board of directors. When the attorney is not authorized to act, the defendant's authorized officer, director, or managing agent must be at the proceedings identified in Federal Rule of Criminal Procedure 43(a). Defendant's Representation. (a) Appointed Counsel. The Criminal Justice Act Plan adopted by this district sets out procedures governing the appointment of counsel. A copy of the plan is available from the clerk or on the court's website, https://www.ned.uscourts.gov/plans-and- policies "Criminal Justice Act Plan." When appropriate, the court may appoint an attorney to represent a defendant even though that attorney's 32

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