STATEMENT OF BENJAMIN R CIVILETTI (FROM WHITE-COLLAR CRIME - HEARINGS BEFORE HOUSE SUBCOMMITTEE ON CRIME, 95TH CONGRESS, 2ND SESSION, JUNE 21, JULY 12, AND 19 AND DECEMBER 1, 1978 - SEE NCJ-62172)

• NCJ Number: 62173
• Author(s): B R CIVILETTI
• Date Published: 1979
• Length: 8 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

A STATEMENT BEFORE THE HOUSE SUBCOMMITTEE ON CRIME BY DEPUTY ATTORNEY GENERAL CIVILETTI OF THE DEPARTMENT OF JUSTICE ADDRESSES THE MAGNITUDE, PREVENTION, DETECTION, AND PUNISHMENT OF WHITE-COLLAR CRIME.

Abstract

WHITE-COLLAR CRIME INCLUDES THOSE CLASSES OF NONVIOLENT ILLEGAL ACTIVITIES WHICH INVOLVES DECEIT, DECEPTION, CONCEALMENT, MANIPULATION, BREACH OF TRUST, SUBTERFUGE, OR ILLEGAL CIRCUMVENTION. ALTHOUGH CURRENT STATISTICAL DATA REFLECTING THE EXTENT OF WHITE-COLLAR OFFENSES ARE INADEQUATE, THE DOLLAR LOSS SUFFERED AS A RESULT OF ECONOMIC OFFENSES EXCEEDS THE LOSS FROM STREET CRIMES. IN ADDITION, THE IMPACT OF WHITE-COLLAR CRIME ON ALL SOCIAL CLASSES EXTENDS BEYOND MONETARY LOSS TO AFFECT THE PUBLIC'S PERCEPTION OF THE INTEGRITY OF GOVERNMENT INSTITUTIONS. SINCE MOST ECONOMIC ILLEGALITY IS PREVENTABLE, THE PUBLIC AND BUSINESS COMMUNITIES SHOULD LEARN TO RECOGNIZE WHITE-COLLAR CRIME SCHEMES, PROFESSIONAL GROUPS SHOULD DEVELOP STRICT CODES OF CONDUCT FOR THEIR MEMBERS, AND THE GOVERNMENT SHOULD STRUCTURE MECHANISMS TO GUARD AGAINST FRAUD IN ITS SOCIAL BENEFIT LEGISLATION. TO BETTER DETECT WHITE-COLLAR CRIMES, CRIMINAL INVESTIGATIVE AGENCIES SHOULD ACTIVELY SEEK OUT AND PURSUE THE SIGNS OF ECONOMIC ABUSE RATHER THAN REACT TO EVENTS. CURRENTLY, THE DEPARTMENT OF JUSTICE IS MAKING AVAILABLE TO FEDERAL AGENCIES A MINI COURSE ON CRIMINAL INVESTIGATIONS, CONCENTRATION ON INVESTIGATIVE REQUIREMENTS NECESSARY TO SUPPORT A SUCCESSFUL CRIMINAL PROSECUTION. ALSO, THE DEPARTMENT HAS MADE IT A POLICY TO FOCUS ITS RESOURCES PRIMARILY ON MAJOR WHITE-COLLAR CRIME CASES BECAUSE OF THE DIFFICULT AND TIME-CONSUMING NATURE OF THESE INVESTIGATIONS. THE DEPARTMENT'S EFFORTS TO UTILIZE LEGISLATION TO PROSECUTE WHITE-COLLAR OFFENSES ARE DESCRIBED, AS WELL AS ITS USE OF SPECIALIZED TASK FORCES AND TRAINING OF PROSECUTORS. FOR WHITE-COLLAR CRIMINALS, HEAVY FINES AND PRISON TERMS SHOULD ACCOMPANY LOSS OF REPUTATION AND COMMUNITY STANDING, WITH PROBATION AND EARLY PAROLE RESERVED ONLY FOR EXCEPTIONAL CASES. STRONGER SENTENCES ARE ALSO BEING SOUGHT IN THE ANTITRUST AREA. (WJR)