NCJ Number
58679
Journal
American University Law Review Volume: 28 Issue: 1 Dated: (FALL 1978) Pages: 63-85
Date Published
1978
Length
23 pages
Annotation
THE INCREASE IN THE NUMBER OF POLITICAL CORRUPTION TRIALS OF STATE OFFICIALS COUPLED WITH THE GROWING LEVEL OF FEDERAL INVOLVEMENT IN SUCH CASES WAS EXAMINED IN THIS ARTICLE.
Abstract
IN ASSESSING THE PROPRIETY OF THIS EXPANDING FEDERAL INVOLVEMENT, THE RELATIVE INTERESTS OF BOTH FEDERAL AND STATE GOVERNMENTS MUST BE WEIGHED. EVEN THOUGH ELECTED STATE OFFICIALS CANNOT BE INSULATED FROM FEDERAL PROSECUTION BY SIMPLISTIC NOTIONS OF STATE SOVEREIGNTY, CONGRESS, FEDERAL PROSECUTORS, AND FEDERAL COURTS MUST UNDERSTAND THAT SUCH PROSECUTION HAS A POTENTIAL IMPACT ON STATE POLITICAL PROCESSES. PROSECUTORIAL DISCRETION IN THIS AREA SHOULD NOT BE LEFT SOLELY TO U.S. ATTORNEYS. THE FEDERAL MAIL FRAUD STATUTE IS RECOGNIZED AS A 'TESTED THEORY' OF PROSECUTING STATE AND LOCAL OFFICIALS FOR CORRUPTION. EVEN THOUGH IT IS NOT THE CHIEF VEHICLE OF FEDERAL PARTICIPATION IN SUCH CASES, IT HAS BEEN INCREASINGLY USED. WITH RESPECT TO PUBLIC OFFICIALS, THE NATURE OF A FRAUDULENT SCHEME OR ARTIFICE OFTEN IS SAID TO BE BETRAYAL OF PUBLIC TRUST. HOWEVER, FRAUD NEED NOT RESULT IN ACTUAL MONETARY OR PROPERTY LOSS TO THE STATE NOR DOES IT HAVE TO VIOLATE STATE LAW TO BE CONSIDERED FRAUDULENT. WITH SUCH A BROAD INTERPRETATION THE COURTS HAVE FAILED TO CONSIDER WHEN AND WHERE FEDERAL INTERVENTION IS APPROPRIATE. FEDERAL INVOLVEMENT IS JUSTIFIED ON THE GROUNDS THAT THERE IS A FEDERAL INTEREST IN PUNISHING LOCAL CRIMES WHEN LOCAL AUTHORITIES ARE UNWILLING OR UNABLE TO ACT. GUIDELINES TO SUCH FEDERAL INVOLVEMENT ARE DISCUSSED AND CONSIDERATION IS GIVEN TO PROPOSED EXECUTIVE AND LEGISLATIVE RESTRAINTS TO FEDERAL PROSECUTION IN SUCH CASES. REFERENCES ARE PROVIDED. (KCP)