Journal of Criminal Law and Criminology articles from January 2006

Journal of Criminal Law and Criminology archives from January 2006

In Enron's wake: corporate executives on trial.(The Changing Face of White-Collar Crime)
January 1, 2006... There may never have been a worse time to be a corporate criminal. (1) I wish we had never heard of Bernie Ebbers. (2) I. INTRODUCTION It was December, 2001--a few months after Enron CEO Ken Lay was warned of an "elaborate...

Multi-jurisdictional and successive prosecution of environmental crimes: the case for a consistent approach.(The Changing Face of White-Collar Crime)
January 1, 2006... One of the most important policy issues facing the federal environmental criminal enforcement program is how the Department of Justice ("Department") should coordinate the prosecution of corporations for violations of law that occur in several...

The potent and broad-ranging implications of the accounting and record-keeping provisions of the Foreign Corrupt Practices Act.(The Changing Face of White-Collar Crime)
January 1, 2006... The criminal law of every country makes the corruption of its public officials a criminal offense. (1) Yet, until the latter part of the 20th century, almost every country limited the prohibitions to its own officials and not officials of other...

Investigation of Halliburton Co./ TSKJ's Nigerian business practices: model for analysis of the current anti-corruption environment on Foreign Corrupt Practices Act enforcement.(The Changing Face of White-Collar Crime)
January 1, 2006... I. INTRODUCTION The U.S. stood alone in its anti-bribery legislation from 1977, when the Foreign Corrupt Practices Act ("FCPA") (1) was initially passed, until the Organization for Economic Cooperation and Development (the "OECD") adopted...

Preindictment prosecutorial conduct in the federal system revisited.(The Changing Face of White-Collar Crime)
January 1, 2006... INTRODUCTION BY JUDGE HOLDERMAN In 1980, the Journal of Criminal Law & Criminology published an article I authored entitled "Preindictment Prosecutorial Conduct in the Federal System." (4) That 1980 article was cited thereafter by various...

A patient-centered approach to health care fraud recovery.(The Changing Face of White-Collar Crime)
January 1, 2006... This Article begins with a simple premise: Health care fraud hurts patients. From that premise flows a simple corollary: efforts to combat health care fraud should, if possible, remedy this patient harm. Despite its intuitive appeal, this...

The decline of the attorney-client privilege in the corporate setting.(The Changing Face of White-Collar Crime)
January 1, 2006... Beginning in 2001, the American corporate landscape experienced the first of numerous scandals involving accounting irregularities, financial fraud, and other instances of misconduct. In response, law enforcement officials began an intensive...

The federal criminal "code" is a disgrace: obstruction statutes as case study.(The Changing Face of White-Collar Crime)
January 1, 2006... Any discussion of federal penal law must begin with an important caveat: There actually is no federal criminal "code" worthy of the name. A criminal code is defined as "'a systematic collection, compendium, or revision' of laws." (1) What the...

Health care fraud under the new Medicare Part D prescription drug program.(The Changing Face of White-Collar Crime)
January 1, 2006... I. INTRODUCTION The investigation and prosecution of health care fraud over the last several years has resulted in significant recoveries and settlements by the government. The United States recovered approximately $1.5 billion in fraud...

Prison time, fines, and federal white-collar criminals: the anatomy of a racial disparity.(The Changing Face of White-Collar Crime)
January 1, 2006... I. INTRODUCTION Do criminals of different races, sexes, or socio-economic status receive different sentences? If so, why? For decades, these have been among the predominant questions in the academic and political discussion of sentencing....