Principal White Collar Crimes (From Business Crimes - A Guide for Corporate and Defense Counsel, P 1-63, 1982, Jeffrey Glekel, ed. - See NCJ-90533)

• NCJ Number: 90534
• Author(s): R W Beckler; M S Epner
• Date Published: 1982
• Length: 63 pages
• Sale Source: Practicing Law Institute
• Language: English
• Country: United States of America

Annotation

This discussion of principal white collar crimes covers mail and wire fraud, false statements, perjury, securities law violations, violations of the Hobbs and Travel Acts as well as the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy, aiding and abetting, and obstruction of justice.

Abstract

The examination of mail and wire fraud considers the scheme to defraud, intent, the use of mails or wires, and defenses (statute of limitations, good faith, and act not 'in furtherance'). The section on false statements examines the nature of the statement or entry that may be false, the requirement that the statement or entry be made to one protected by the statutes, the types of false statements or entries proscribed, as well as materiality, intent, and defenses. The elements of perjury are discussed as specified in 18 U.S.C. sections 1621 and 1623. The aspects of currency transport considered are intent, transporting 'monetary instruments,' report requirement, and penalties. In discussing securities law violations, attention is given to securities fraud, notably the intent, false statements, and the use of an interstate instrumentality. Other criminal violations of securities law are briefly outlined, and defenses to charges of securities law violations are portrayed. Consideration is also given to the nature of violations of the Hobbs and Travel Acts, which make it a Federal crime to obstruct or impede interstate commerce through robbery or extortion or related offenses and to travel in or use a facility of interstate commerce in connection with the commission of a purely local crime. In discussing violations of RICO, attention is given to what is involved in the commission of a predicate offense and the nature of an interstate enterprise, as well as the nature of a conspiracy under RICO. Brief coverage is given to the nature of criminal conspiracy, aiding and abetting, and obstruction of justice. Some mention is given of violations of advertising law, environmental statutes, and antitrust laws. A total of 256 footnotes are provided.