NCJ Number
92570
Journal
American Criminal Law Review Volume: 21 Issue: 2 Dated: (Fall 1983) Pages: complete issue
Date Published
1983
Length
157 pages
Annotation
Analyses of the Supreme Court decision in United States v. Sells Engineering and the development of a business self-evaluative privilege arising out of internal corporate investigations provide insights into the issues of congressional ambiguity and inaction regarding Federal criminal code provisions governing white-collar crime.
Abstract
An introduction argues that Congress has treated white-collar crime as calling for simple solutions, notably increased penalties, and has failed to define adequately white-collar conduct which deserves criminal condemnation rather than civil sanctions or provide Federal agencies with enough guidance to make such critical determinations. In United States v. Sell Engineering, Inc., the Supreme Court held that Rule 6(e) of the Federal Rules of Criminal Procedure prohibits routine access by attorneys in the Civil Division of the Justice Department to grand jury materials for civil purposes. The first paper discusses the grand jury system and the development of the standard for obtaining access to grand jury materials under Rule 6(e). The author contends that the Court misconstrued the legislative history of this rule and wrongfully applied the particular need standard to Federal Government attorneys under Rule 6(e)(C)(i). This decision resulted in a new rule of law which is likely to burden and frustrate Federal civil law enforcement efforts. The second article traces the development of limited waiver theories of the corporate attorney-client and work-product privileges protecting documents and results of corporate self-investigations conducted to achieve compliance with Government regulations. It examines the issue's common law origins, the Court's decision in Upjohn v. United States, and confusion engendered by lack of Supreme Court guidance in the law of limited waiver of privilege. The special issue includes a survey of significant developments in white-collar crime law during 1983. All articles include footnotes.