American Criminal Law Review articles from March 2000

American Criminal Law Review archives from March 2000

Foreign Corrupt Practices Act.(annual white collar crime survey)
March 22, 2000... I. INTRODUCTION Congress enacted the Foreign Corrupt Practices Act ("FCPA")(1) in 1977 to criminalize illicit payments to foreign public officials by U.S. businesses and individuals.(2) Since then, however, U.S. businesses have been forced...

Health care fraud.(annual white collar crime survey)
March 22, 2000... 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 will reach $2.2 trillion...

Intellectual property crimes.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... I. INTRODUCTION In the past two years, obstruction of justice has earned a prominent place in our public discourse.(1) Obstruction of justice is "the act by which one or more persons attempt to prevent, or actually prevent, the execution...

Perjury.(annual white collar crime survey)
March 22, 2000... I. INTRODUCTION Sworn testimony is valuable evidence upon which governmental agents make important judicial, legislative, and administrative decisions. Consequently, the integrity of our government depends in large part on the truthfulness...

Procedural issues.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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,...

False statements.(annual white collar crime survey)
March 22, 2000... I. INTRODUCTION Section 1001 of Title 18 of the United States Code(1) is a far-reaching and frequently used(2) statute that criminalizes false statements made directly or indirectly to the United States federal government.(3) The...

Federal criminal conflict of interest.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... I. INTRODUCTION Under 18 U.S.C. section 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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...

On the brink of a brave new world: the death of privilege in corporate criminal investigations.
March 22, 2000... I. INTRODUCTION The sound you hear coming from the corridors of the Department of Justice is a requiem marking the death of privilege in corporate criminal investigations. Once-celebrated goals of our legal system -- the client's rights of...

Antitrust violations.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... 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.(annual white collar crime survey)
March 22, 2000... I. INTRODUCTION Congress enacted the first False Claims Act ("the Act")(1) in 1863 in response to widespread procurement fraud in Civil War defense contracts.(2) In so acting, Congress sought to protect government funds and property from...