American Criminal Law Review articles from March 1998

American Criminal Law Review archives from March 1998

Modern mail fraud: the restoration of the public/private distinction.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I INTRODUCTION Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that...

Antitrust violations.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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...

Computer crimes.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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...

Corporate criminal liability.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION While the concept of corporate criminal liability is far from new,(1) greater efforts at enforcement(2) have recently been prompted by changes in the structure of health care systems,(3) changes in public attitudes...

Employment-related crimes.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION This Article surveys the criminal penalties currently available to protect workers in the areas of occupational safety and employment practices. Section II discusses worker safety through the Occupational Safety and...

Environmental crimes.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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...

False statements.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION Section 1001 of Title 18 of the United States Code(1) is a frequently used and far-reaching(2) statute that criminalizes false statements made directly or indirectly to the federal government.(3) The statute has...

Federal criminal conflict of interest.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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 of our public officials.(1) Section I of this Article...

Federal criminal conspiracy.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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...

Financial institutions fraud.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION This article reviews the development and application of three federal criminal statutes which govern offenses by or against financial institutions. Section II analyzes the Bank Fraud Statute, which targets fraud against...

Foreign Corrupt Practices Act.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION The Foreign Corrupt Practices Act ("FCPA")(1) was enacted in 1977 as a response to a series of corporate bribery scandals involving foreign government officials during the 1970's.(2) Following inquiries by the United...

Health care fraud.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION Annual health care expenditures in the United States exceed $1 trillion.(1) With that much money involved, "there will always be individuals or companies that attempt to game the program purely for their own profit."(2)...

Independent counsel investigations. (Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION The Independent Counsel statute was enacted during the post-Watergate era as a safeguard against high-level corruption and abuse of the public trust. The statute has since become one of the most controversial political...

Intellectual property crimes.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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 steal...

Mail and wire fraud.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION To federal prosecutors of white collar crime, the mail fraud statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart--our true love. We may flirt with RICO, show off with 10b-5, and...

Money laundering.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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...

Obstruction of justice.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION Obstruction of justice is "the act by which one or more persons attempt to prevent, or actually prevent, the execution of lawful process."(1) Obstruction of justice is governed principally by 18 U.S.C. [subsections]...

Organizational sentencing.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION: SCOPE AND PURPOSE OF THE ORGANIZATIONAL GUIDELINES In the United States, organizations are held vicariously liable(1) for criminal offenses committed by their agents.(2) The validity of corporate criminal prosecution...

Perjury.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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...

Procedural issues.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION This Article discusses criminal procedure, emphasizing issues that are particularly relevant to white collar crime litigation.(1) Section II discusses the initiation of white collar criminal prosecutions. Section III...

Racketeer influenced and corrupt organizations.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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.(Thirteenth Survey of White Collar Crime)
March 22, 1998... 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") as a result of the...

Tax violations.(Thirteenth Survey of White Collar Crime)
March 22, 1998... I. INTRODUCTION This Article outlines the elements, defenses, and sentencing consequences of various criminal tax violations under the major United States Internal Revenue Code ("I.R.C.") sections, [subsections] 7201, 7202, 7203, 7206,...