NCJ Number
46001
Journal
POLICE LAW QUARTERLY Volume: 7 Issue: 2 Dated: (JANUARY 1978) Pages: 11-18
Date Published
1978
Length
8 pages
Annotation
A NUMBER OF BROAD SOLUTIONS TO THE PROBLEM OF WHITE COLLAR CRIME ARE PROPOSED. THESE REFER TO POLICY REFORMULATIONS IN AREAS PERTAINING TO FEDERAL AGENCY AUTHORITY, CORPORATIONS, SENTENCING, AND EDUCATION.
Abstract
EACH FEDERAL AGENCY HAS THE RESPONSIBILITY FOR ENFORCING THOSE STATUTES IT WAS SET UP TO ADMINISTER, AND MOST WHITE COLLAR CRIME FALLS UNDER THE JURISDICTION OF ONE OF THESE AGENCIES. HOWEVER, NO AGENCY MAY BRING INDICTMENTS USING ITS OWN ENFORCEMENT LAWYERS, WHO ARE OFTEN BETTER QUALIFIED TO PROSECUTE IN THESE MATTERS. THE ENTIRE BURDEN OF LAW ENFORCEMENT IS PLACED ON THE ASSISTANT UNITED STATES ATTORNEYS. SOME REGIONAL OFFICES, SUCH AS THAT IN WASHINGTON, D.C., ARE OVERLOADED WITH CASES. THESE FACTORS, COMBINED WITH THE LACK OF A SYSTEMATIC REFERRAL SYSTEM, RESULT IN A LOW PROSECUTION RATE. TO REMEDY THESE PROBLEMS WILL REQUIRE CONSIDERABLE EXPANSION OF FEDERAL AGENCY AUTHORITY IN THE AREA OF ENFORCEMENT. TWO POSSIBLE SOLUTIONS TO CORPORATE MISCONDUCT ARE THE APPOINTMENT OF A LIMITED DIRECTOR WHO WOULD ACT AS A KIND OF SPECIALIZED PROBATION OFFICER, AND FEDERAL CHARTERING OF GIANT CORPORATIONS WHICH WOULD THEN BE UNDER AN EXTERNAL BOARD OF DIRECTORS. MANDATED PUBLIC DISCLOSURE AND THE ENACTMENT OF MEASURES DESIGNED TO FACILITATE EMPLOYEE DISCLOSURE OF MISCONDUCT ARE ALSO SUGGESTED. MANDATORY MINIMUM SENTENCES AND HARSHER SENTENCING PRACTICES COULD BETTER DETER WHITE COLLAR CRIME THAN THE USUAL LIGHT FINE OR SENTENCE. WHITE COLLAR CRIME IS A COMPLEX SET OF BEHAVIORS AND IS OFTEN OF A TECHNICAL NATURE. CONSEQUENTLY PUBLIC AND PROFESSIONAL EDUCATION WILL BE NECESSARY. RESEARCHERS MUST ENGAGE IN MULTIDISCIPLINARY WORK TO ELUCIDATE THE NATURE AND ORIGINS OF, AND EFFECTIVE SOLUTIONS TO WHITE COLLAR CRIME. LAW SCHOOLS SHOULD BE REQUIRED TO OFFER COURSES ON WHITE COLLAR CRIME. FINALLY, PUBLIC AWARENESS OF WHITE COLLAR CRIME MUST BE INCREASED AND PUBLIC ATTITUDES TOWARD ITS SERIOUSNESS MUST BE CHANGED. (JAP)