American Criminal Law Review articles from January 1995

American Criminal Law Review archives from January 1995

Foreword. (combatting health care fraud)(Tenth Survey of White Collar Crime)
January 1, 1995... In past years, Congress has focused its attention on the problems of fraud in defense procurement and in the financial industry, among others. While those areas continue to be of concern, attention has recently focused on the problem of fraud in...

Checking the balance: prosecutorial power in an age of expansive legislation.(Tenth Survey of White Collar Crime)
January 1, 1995... I. INTRODUCTION Over the past several decades, the federal prosecution of white collar crime has become increasingly punitive, often at the expense of those who are accused (but have not yet been convicted) or of those who are convicted of...

Antitrust violations.(Tenth Survey of White Collar Crime)
January 1, 1995... I. Elements of the Offense............................... 158 A. Conspiracy......................................... 159 B. Restraint of Trade................................. 159 C. Interstate Nexus... ..................................

Computer-related crimes.(Tenth Survey of White Collar Crime)
January 1, 1995... [TABULAR DATA OMITTED] 1. INTRODUCTION This article tracks developments in computer-related criminal law and legal literature, including an analysis of federal computer crime legislation and enforcement, and a discussion of state and...

Employment-related crimes.(Tenth Survey of White Collar Crime)
January 1, 1995... This article surveys the criminal penalties currently available to protect workers in the areas of occupational safety and employment practices. Under the worker safety section, the Occupational Safety and Health Act ("OSHA")(1) is discussed in...

Environmental crimes.(Tenth Survey of White Collar Crime)
January 1, 1995... I. Introduction Federal enforcement of environmental regulations through criminal prosecution occurs under eight principal statutes. The Clean Air Act (CAA)(1) imposes penalties on those who knowingly violate federal or state regulations...

False claims.(Tenth Survey of White Collar Crime)
January 1, 1995... [TABULAR DATA OMITTED] I. INTRODUCTION In response to increasingly widespread procurement fraud in Civil War defense contracts,(1) Congress enacted the first False Claims Act in 1863.(2) By doing so, Congress sought to protect both...

False statements.(Tenth Survey of White Collar Crime)
January 1, 1995... Section 1001 of Title 18 of the United States Code(1) is a frequently used and far-reaching(2) statute which criminalizes false statements made directly or indirectly to the federal government.(3) The statute has evolved into the broad...

Federal criminal conflict of interest.(Tenth Survey of White Collar Crime)
January 1, 1995... I. INTRODUCTION The phrase "conflict of interest legislation" describes the volumes of legislation Congress has passed, in the post-Watergate era, to prevent and punish corruption of our public officials.(1) This article will examine the most...

Federal criminal conspiracy.(Tenth Survey of White Collar Crime)
January 1, 1995... The general federal conspiracy statute makes it a crime for "two or more persons [to] conspire . . . to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose."(1) It...

Federal Food and Drug Act violations.(Tenth Survey of White Collar Crime)
January 1, 1995... In 1938, pursuant to its constitutional authority to regulate interstate commerce,(1) Congress enacted the Federal Food, Drug and Cosmetic Act ("FDCA" or "Act").(2) The primary goal of this legislation is to protect the health and safety of the...

Financial institutions fraud.(Tenth Survey of White Collar Crime)
January 1, 1995... This article reviews three methods by which the federal government may take action in cases involving financial institutions. The first section discusses federal prosecutions of financial institutions fraud under section 1344 of Title 18 of the...

Foreign Corrupt Practices Act.(Tenth Survey of White Collar Crime)
January 1, 1995... I. Introduction The Foreign Corrupt Practices Act ("FCPA")(1) was enacted in 1977 as a response to a series of corporate bribery scandals during the 1970's involving foreign government officials.(2) Following inquiries by the United States...

Intellectual property.(Tenth Survey of White Collar Crime)
January 1, 1995... I. Introduction Owners of intellectual property have great incentives to protect their rights in such property by pursuing civil remedies. Yet the possibility of civil sanctions alone is insufficient to deter violators who would infringe on...

Mail and wire fraud.(Tenth Survey of White Collar Crime)
January 1, 1995... I. Introduction Since its enactment in 1872, the federal mail fraud statute(1) has been a powerful tool for federal prosecutors.(2) The statute provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or...

Money laundering.(Tenth Survey of White Collar Crime)
January 1, 1995... Money laundering is the process by which one conceals the existence, illegal source, or illegal application of income, and disguises that income to make it appear legitimate.(1) Laundering "dirty money" has become a lucrative and sophisticated...

Obstruction of justice.(Tenth Survey of White Collar Crime)
January 1, 1995... Obstruction of justice is governed principally by sections 1501 through 1517 of Title 18 of the United States Code. The federal obstruction of justice statutes are aimed at protecting the integrity of judicial proceedings in the federal...

Racketeer influenced and corrupt organizations.(Tenth Survey of White Collar Crime)
January 1, 1995... I. Introduction The Racketeer Influenced and Corrupt Organizations Act ("RICO"),(1) enacted as Title IX of the Organized Crime Control Act of 1970,(2) is designed to combat criminal organization.(3) It prohibits "any person"(4) from: (a) using...

Securities fraud.(Tenth Survey of White Collar Crime)
January 1, 1995... Seven statutes regulate securities transactions.(1) In the aftermath of the stock market crash of 1929, Congress passed the most important of these statutes, the Securities Act of 1933 ("1933 Act") and the Securities Exchange Act of 1934 ("1934...

Tax evasion.(Tenth Survey of White Collar Crime)
January 1, 1995... I. IRC Section 7201 Violations of the United States Internal Revenue Code ("IRC") are prosecuted under an array of criminal tax statutes.(1) The "capstone of [this] system of sanctions"(2) is the felony provision of 26 U.S.C. [sections] 7201,...

Procedural issues.(Tenth Survey of White Collar Crime)
January 1, 1995... This article discusses criminal procedure, emphasizing issues which are particularly relevant to white collar crime litigation.(1) Section I discusses the initiation of white collar criminal prosecutions. Section II examines civil proceedings...

Organizational sentencing.(Tenth Survey of White Collar Crime)
January 1, 1995... 1. BACKGROUND On November 1, 1991, the Federal Sentencing Guidelines ("Guidelines") for Organizations went into effect, conscripting organizations for the first time into the fight against criminal activity. Under federal criminal law,...