NCJ Number
45012
Journal
American Criminal Law Review Volume: 14 Issue: 4 Dated: (SPRING 1977) Pages: 651-716
Date Published
1977
Length
66 pages
Annotation
THE ADMINISTRATIVE SUMMONS, THE GRAND JURY SUBPOENA, THE COURT-AUTHORIZED SEARCH WARRANT, AND OTHER, LESS FORMAL MEANS OF GATHERING EVIDENCE IN FEDERAL INVESTIGATIONS OF ECONOMIC CRIMES ARE EXAMINED.
Abstract
FEDERAL INVESTIGATION OF ECONOMIC CRIMES IS DISTINGUISHED FROM OTHER INVESTIGATIONS IN THAT SUCH CRIMES USUALLY ARE FAR MORE COMPLEX THAN OTHER FEDERAL OFFENSES AND IN THAT THE AGENCIES INVOLVED IN INVESTIGATING ECONOMIC CRIMES OFTEN HAVE RESPONSIBILITY FOR BOTH REGULATION AND ENFORCEMENT. RESTRICTIONS ON THE USE OF ADMINISTRATIVE SUMMONSES, FEDERAL GRAND JURY SUBPOENAS, AND SEARCH WARRANTS AS METHODS OF GATHERING EVIDENCE IN ECONOMIC CRIMES ARE EXAMINED, WITH REFERENCE TO QUESTIONS ARISING FROM JUDICIAL DECISIONS AND LEGISLATION. PARTICULAR ATTENTION IS DIRECTED TO DECISIONS OF THE U.S. SUPREME COURT LIMITING THE SCOPE OF FOURTH AND FIFTH AMENDMENT CHALLENGES TO THE FEDERAL GOVERNMENT'S EVIDENCE-GATHERING ACTIVITIES. A REVIEW OF LESS FORMAL METHODS USED BY THE FEDERAL GOVERNMENT TO GATHER EVIDENCE IN ECONOMIC CRIME INVESTIGATIONS COVERS VOLUNTARY DISCLOSURE OF INFORMATION; THE GOVERNMENT'S POWER TO DERIVE INFORMATION FOR A CRIMINAL INVESTIGATION FROM RELATED CIVIL REGULATORY PROCEEDINGS; AND PROCEDURES USED TO OBTAIN DOCUMENTS FROM FOREIGN COUNTRIES. THE ADVANTAGES AND DISADVANTAGES OF THE MAJOR EVIDENCE-GATHERING METHODS ARE COMPARED, AND TACTICAL AND PRACTICAL CONSIDERATIONS THAT INFLUENCE THE MANNER IN WHICH THE GOVERNMENT PROCEEDS IN CASES OF ECONOMIC CRIME ARE NOTED.