NCJ Number
101880
Journal
American Criminal Law Review Volume: 23 Issue: 3 Dated: (Winter 1986) Pages: 253-350
Date Published
1986
Length
97 pages
Annotation
This survey provides a 1986 update on the elements, defenses, and enforcement of various Federal white-collar offenses as reflected in recent court decisions and legislation as well as various procedural issues in white-collar cases.
Abstract
Discussions of the elements of the offenses encompass both legislative content and court interpretations of legislation. The review of defenses for various offenses addresses both recent successful and unsuccessful defenses. The discussion of enforcement for each offense category addresses court decisions bearing on enforcement parameters as well as policy statements by enforcement officials. The laws and offenses surveyed include mail and wire fraud, tax fraud, antitrust violations, false statements, the Travel Act, false claims, environmental offenses, extortion, witness tampering, and the Racketeer Influenced and Corrupt Organizations Act. Other offenses reviewed pertain to embezzlement, bribery, perjury, securities fraud, computer crime, Federal food and drug violations, conspiracy, and conflicts of interest. Procedural issues discussed include fifth amendment limitations on compelled production of evidence, administrative summons, grand jury subpoenas, parallel civil and criminal proceedings, attorney-client privilege, sentencing, and discovery. Footnotes for discussions of each offense.