American Criminal Law Review articles from March 2002

American Criminal Law Review archives from March 2002

When talk is not cheap: communications with the media, the government and other parties in high profile white collar criminal cases.
March 22, 2002... INTRODUCTION When a high-profile white collar criminal case comes through the door, it seems as if many attorneys' first instinct is to start advocating for the client in every venue: speaking to the media, negotiating with the government,...

Antitrust violations.(criminal aspects of the Sherman Act)
March 22, 2002... 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.(federal, state, and international approaches to computer crimes)
March 22, 2002... 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.
March 22, 2002... I. INTRODUCTION The current law of corporate criminal liability developed as a series of reactions to problems that courts historically encountered in assigning criminal blame to corporations. (1) The most fundamental hurdle for courts to...

Employment-related crimes.(occupational safety and employment practices)
March 22, 2002... 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.(federal environmental regulations)
March 22, 2002... I. INTRODUCTION Ten principal statutes (the "statutes") govern the enforcement of federal environmental regulations through criminal prosecution. Section II of this Article discusses issues common to most of these statutes, including...

False claims.(sanctions for false claims against the federal government)
March 22, 2002... 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) Congress sought to protect government funds and property from...

False statements.(made directly or indirectly to the US government)
March 22, 2002... 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...

Federal criminal conflict of interest.(corruption by public officials)
March 22, 2002... I. INTRODUCTION The term "conflict of interest legislation" encompasses a number of 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.(offenses against the government)
March 22, 2002... I. INTRODUCTION Under 18 U.S.C. [section] 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.(criminal violations of the Food, Drug, and Cosmetic Act)
March 22, 2002... I. INTRODUCTION This Article describes the elements of criminal violations of the Food, Drug, and Cosmetic Act ("FDCA" or the "Act"). (1) In 1938, Congress enacted the FDCA pursuant to its constitutional authority to regulate interstate...

Financial institutions fraud.(federal criminal laws governing offenses by or against financial institutions)
March 22, 2002... 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.(illicit payments to foreign public officials)
March 22, 2002... 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)...

Health care fraud.(Medicare and Medicaid fraud)
March 22, 2002... I. INTRODUCTION The Centers for Medicare and Medicaid Services (CMS), formerly the Health Care Financing Administration (HCFA), (1) estimates that by the year 2011, health care spending will reach $2.8 trillion and will account for 17% of...

Intellectual property crimes.
March 22, 2002... I. INTRODUCTION Safeguarding intellectual property has become an increasingly visible responsibility in recent years, (1) largely because the Internet allows the transfer of information at high speeds. (2) Although owners of intellectual...

Mail and wire fraud.(federal laws)
March 22, 2002... I. INTRODUCTION In the past 130 years, the mail (1) and wire (2) fraud statutes have evolved and expanded into powerful prosecutorial tools. (3) Despite the sparse legislative history, (4) courts initially assumed the purpose of the mail...

Money laundering.(federal law)
March 22, 2002... 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 has...

Obstruction of justice.(interference with the federal judicial process)
March 22, 2002... I. INTRODUCTION Recently, 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 can be made up of "a medley...

Perjury.(federal perjury statutes)
March 22, 2002... I. INTRODUCTION Every branch and level of government relies upon sworn testimony when making important decisions. Consequently, the integrity of government and its processes depends in large part on the truthfulness of those individuals...

Procedural issues.(criminal procedure issues relevant to white collar crime)
March 22, 2002... 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.(RICO Act)
March 22, 2002... I. INTRODUCTION Congress designed The Racketeer Influenced and Corrupt Organizations Act ("RICO"), (1) enacted as Title IX of the Organized Crime Control Act of 1970, (2) to combat organized crime. (3) RICO also has broad application...

Securities fraud.(laws regulating federal securities transactions)
March 22, 2002... I. INTRODUCTION Seven statutes regulate Federal 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.(criminal tax violations under the Internal Revenue Code)
March 22, 2002... 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."), [subsection] 7201, 7202, 7203,...