American Criminal Law Review articles from June 1999

American Criminal Law Review archives from June 1999

Grand jury secrecy: plugging the leaks in an empty bucket.
June 22, 1999... Although people can quarrel about the significance or reliability of Independent Counsel Kenneth Staff's investigative findings, no one can deny that his investigation produced new law. We now know that the attorney-client privilege survives...

Antitrust violations. (Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION Section 1 of the Sherman Act(1) ("Act"), the primary federal antitrust provision, subjects to criminal sanctions any person "who shall make any contract or engage in any combination or conspiracy" in restraint of interstate...

Computer crimes.
June 22, 1999... I. INTRODUCTION This Article tracks developments in computer related criminal law and legal literature, analyzes federal, state, and international approaches to computer crime legislation and enforcement, and reviews recent developments in...

Corporate criminal liability.
June 22, 1999... I. INTRODUCTION While the common law concept of corporate criminal liability is not new,(1) it is anything but straightforward.(2) In the early sixteenth and seventeenth centuries, courts grappled with the difficulty of charging crimes to...

Employment-related crimes.
June 22, 1999... I. INTRODUCTION This Article surveys the criminal penalties utilized to protect workers in the areas of occupational safety and employment practices. These penalties are part of larger regulatory measures enacted to ensure worker safety,...

Environmental crimes.
June 22, 1999... I. INTRODUCTION Nine principle statutes govern the enforcement of federal environmental regulations through criminal prosecution. After a brief discussion in Section II of issues common to most of these statutes, including theories of...

False claims.(criminal violations under the False Claims Act)
June 22, 1999... I. INTRODUCTION Congress enacted the first False Claims Act ("the Act") in 1863(1) in response to widespread procurement fraud in Civil War defense contracts.(2) In so acting, Congress sought to protect government funds and property from...

False statements.(made to the federal government)
June 22, 1999... I. INTRODUCTION Section 1001 of Title 18 of the United States Code(1) is a frequently used and extremely far-reaching(2) statute that criminalizes false statements made directly or indirectly to the United States federal government.(3) ...

Federal criminal conflict of interest.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION The term "conflict of interest legislation" encompasses the numerous statutes passed by Congress, largely in the post-Watergate era, to prevent and punish corruption by public officials.(1) This Article discusses six of...

Federal criminal conspiracy.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION Under 18 U.S.C. [sections] 371, it is 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...

Federal Food and Drug Act violations. (Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION In 1938, Congress enacted the federal Food, Drug, and Cosmetic Act ("FDCA" or "Act"),(1) pursuant to its constitutional authority to regulate interstate commerce.(2) The primary purpose of this legislation is to protect the...

Financial institutions fraud.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION This article reviews the development and application of three federal criminal statutes that govern offenses by or against financial institutions. Section II analyzes the Bank Fraud Statute, which targets fraud against...

Foreign Corrupt Practices Act.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION The Foreign Corrupt Practices Act ("FCPA")(1) was enacted in 1977 in response to a series of corporate bribery scandals involving foreign government officials during the 1970s.(2) Following inquiries by the United States...

Health care fraud.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION Present annual health care expenditures in the United States exceed $1 trillion(1) and are steadily on the rise. The Health Care Financing Administration ("HCFA") estimates that health care spending is expected to reach...

Independent counsel investigations.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION In the wake of growing mistrust of government integrity that culminated with the resignation of President Nixon, Congress enacted the Ethics in Government Act(1) in the late 1970s to promote greater confidence and...

Intellectual property crimes.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION Owners of intellectual property are able to protect their rights by pursuing civil remedies. Yet the possibility of civil sanctions alone is insufficient to deter violators who steal trade secrets or infringe on others'...

Mail and wire fraud.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION To federal prosecutors of white collar crime, the mail fraud statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart--and our true love. We may flirt with RICO, show off with 10b-5, and call the...

Money laundering.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION According to one former federal prosecutor, "[t]he white collar crime of the 1990's is here and it is money laundering."(1) "`Money laundering' is the process by which one conceals the existence, illegal source, or illegal...

Obstruction of justice.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION In the past year, obstruction of justice has earned a prominent place in our public discourse. Obstruction of justice is "the act by which one or more persons attempt to prevent, or actually prevent, the execution of lawful...

Perjury.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION Sworn testimony is regarded as valuable evidence upon which important judicial, legislative, administrative, and other governmental decisions are made. Consequently, the integrity of our government depends in large part on...

Procedural issues.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION This Article discusses criminal procedure issues that are particularly relevant to white collar crime litigation.(1) Section II discusses the initiation of white collar criminal prosecutions. Section III examines issues...

Racketeer Influenced and Corrupt Organizations Act.(Fourteenth Survey of White Collar Crime)
June 22, 1999... 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 organized crime.(3) RICO also has broad application beyond the...

Securities fraud.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION Seven statutes regulate securities transactions.(1) Congress passed the most important of these statutes, the Securities Act of 1933 ("1933 Act") and the Securities Exchange Act of 1934 ("1934 Act") in response to both...

Tax violations.(Fourteenth Survey of White Collar Crime)
June 22, 1999... I. INTRODUCTION This Article outlines the elements, defenses, and sentencing consequences of various criminal tax violations under the major sections of the United States Internal Revenue Code ("I.R.C."), [subsections] 7201, 7202, 7203,...