American Criminal Law Review articles from June 2001

American Criminal Law Review archives from June 2001

"You've got jail": current trends in civil and criminal enforcement of Internet securities fraud.(16th Annual Survey of White Collar Crime)
June 22, 2001... I am not aware of one investor that exists that I cheated.(1) Jonathan Lebed, a fifteen-year-old stock manipulator. I'm more proud of him now than ever. He's a smart boy and he's done a good job... He earned it. He did a lot of work....

Antitrust violations.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION The Sherman Act(1) ("Act"), the primary federal antitrust provision, aims to promote and protect competition(2) by subjecting to criminal sanctions any person "who shall make any contract or engage in any combination or...

Computer crimes.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION This Article discusses developments in computer-related criminal law and legal literature. As crimes committed with computers often do not respect state or national boundaries, it is important to examine federal, state, and...

Corporate criminal liability.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION The longstanding(1) common law concept of corporate criminal liability is anything but straightforward.(2) Over time, the common law expanded its concept of moral blame to include incorporeal entities, and criminal...

Employment-related crimes.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION This Article is a survey of the criminal penalties used to protect workers in the areas of occupational safety and employment practices. These penalties are part of larger regulatory measures enacted to ensure worker...

Environmental crimes.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Eleven principle statutes (the "statutes") govern the enforcement of federal environmental regulations through criminal prosecution. After a brief discussion in Section H of issues common to most of these statutes,...

False claims.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Congress enacted the first False Claims Act(1) ("FCA" or the "Act") in 1863 in response to widespread procurement fraud in Civil War defense contracts.(2) In so acting, Congress sought to protect government funds and...

False statements.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Section 1001 of Title 18 of the United States Code(1) is a broad and frequently used(2) statute that criminalizes false statements made directly or indirectly to the United States government.(3) The statute has evolved...

Federal criminal conflict of interest.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION The term "conflict of interest legislation" encompasses the numerous statutes passed by Congress to prevent and punish corruption by public officials.(1) This Article discusses the elements, defenses, and penalties of six...

Federal criminal conspiracy.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Under 18 U.S.C. [sections] 371 (the "statute" or "Act"), it is a crime to conspire to commit any offense against the United States or to defraud the United States.(1) A conspiracy is distinct from the substantive crime...

Federal Food and Drug Act violations.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION This Article describes the elements of criminal violations of the Food, Drug, and Cosmetic Act ("FDCA" or the "Act").(1) Congress enacted the FDCA in 1938 pursuant to its constitutional authority to regulate interstate...

Financial institutions fraud.(16th Annual Survey of White Collar Crime)
June 22, 2001... 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.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Congress enacted the Foreign Corrupt Practices Act ("FCPA" or "Act")(1) in 1977 to criminalize illicit payments to foreign public officials by United States ("United States" or "U.S") businesses and individuals.(2) Since...

Health care fraud.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION The Health Care Financing Administration ("HCFA") estimates that by the year 2008, health care spending will reach $2.2 trillion and will account for 16.2% of the Gross Domestic Product.(1) Thus, it is no surprise that...

Intellectual property crimes.(16th Annual Survey of White Collar Crime)
June 22, 2001... 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.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION In the past 130 years, the mail(1) and wire(2) fraud statutes have evolved and expanded into powerful prosecutorial tools:(3) [t]o federal prosecutors of white-collar crime, the mail fraud statute is our...

Money laundering.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION "`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 criminally derived proceeds...

Obstruction of justice.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION In the past few years, obstruction of justice has earned a prominent place in our public discourse.(1) Obstruction of justice is any "interference with the orderly administration of law and justice"(2) and is made up of "a...

Perjury.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Government actors of every branch and level make important decisions based on sworn testimony. Consequently, the integrity of government and its processes depends in large part on the truthfulness of those individuals who...

Procedural issues.(16th Annual Survey of White Collar Crime)
June 22, 2001... 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.(16th Annual Survey of White Collar Crime)
June 22, 2001... 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.(16th Annual Survey of White Collar Crime)
June 22, 2001... I. INTRODUCTION Seven statutes regulate securities transactions.(1) Congress passed the most important of these, the Securities Act of 1933 ("1933 Act") and the Securities Exchange Act of 1934 ("1934 Act"), in response to fraud in...

Tax violations.(16th Annual Survey of White Collar Crime)
June 22, 2001... 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,...