NCJ Number
66487
Journal
American Criminal Law Review Volume: 17 Issue: 3 Dated: (WINTER 1980) Pages: COMPLETE ISSUE
Date Published
1980
Length
138 pages
Annotation
PARTICIPANTS AT A WHITE-COLLAR CRIME SYMPOSIUM DISCUSS TOPICS RANGING FROM THE FEDERAL INVESTIGATIVE EFFORT, PARTICULARLY WITH REGARD TO LABOR RACKETEERING, TO ATTORNEY MULTIPLE REPRESENTATION OF CLIENTS.
Abstract
THE FEDERAL BUREAU OF INVESTIGATION DIRECTOR DISCUSSES THE FBI'S ROLE IN INVESTIGATING AND PREVENTING WHITE-COLLAR CRIME. HE POINTS OUT FBI PRIORITIES IN THIS AREA--CORRUPTION OF PUBLIC AND BANK OFFICIALS--AND EMPHASIZES AGENTS' INVESTIGATIVE TRAINING. USING ANECDOTES OF SUCCESSFUL FBI INVESTIGATIONS, THE DIRECTOR DESCRIBES THE GROWING PUBLIC AWARENESS AND INDIGNATION AT WHITE-COLLAR CRIME, THE EMERGENCE OF NEW TYPES OF CRIME ESPECIALLY WITH THE RISE OF COMPUTERS, AND THE FBI'S FIVE-PRONGED APPROACH TO COMBAT CRIME. THE CHAIRMAN OF THE HOUSE SUBCOMMITTEE ON CRIME EXAMINES THE NATURE AND SCOPE OF CORPORATE CRIME AND DISCUSSES THE SHORTCOMINGS OF PRESENT ENFORCEMENT EFFORTS AS WELL AS THE SUBCOMMITTEE'S CURRENT LEGISLATIVE PROPOSALS. SUBCOMMITTEE HEARINGS ON THE ILLEGAL ACTIVITIES OF THE CHEMICAL AND ASBESTOS INDUSTRIES SERVE TO EMPHASIZE THE ESCALATING PUBLIC INDIGNATION OVER INCIDENCES OF CORPORATE ANE WHITE-COLLAR CRIME. IN DISCUSSING THE FACTOR THAT COUNSEL SHOULD CONSIDER IN DECIDING WHETHER TO UNDERTAKE MULTIPLE REPRESENTATION OF CLIENTS AT THE GRAND JURY STAGE, A LAW PROFESSOR ARGUES THAT WHILE THE MOTION TO DISQUALIFY COUNSEL REPRESENTING MULTIPLE CLIENTS SHOULD RARELY BE GRANTED, MULTIPLE REPRESENTATION LIKEWISE SHOULD RARELY BE UNDERTAKEN. THE APPLICABILITY OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) STATUTE TO THE PROBLEM OF LABOR RACKETEERING IS EXAMINED AND ILLUSTRATED BY THE RECENT CASE OF UNITED STATES V. SCOTTO. ANOTHER CASE STUDY INVOLVING RICO DEMONSTRATES THE NECESSITY OF A TEAM APPROACH FOR THE SUCCESSFUL COMPLETION OF A PROACTIVE INVESTIGATION, WHICH A RICO INVESTIGATION TYPIFIES. THE FORFEITURE PROVISIONS OF RICO, ITS MOST POWERFUL WEAPON, ARE ALSO EXAMINED; A LAWYER NOTES THAT THE APPLICATIONS OF THESE PROVISIONS OFTEN EXCEED THE LIMITATIONS IMPOSED BY BOTH THE CONSTITUTION AND THE STATUTE. FINALLY, THE ELEMENTS THAT MUST BE CONSIDERED IN THE DEFENSE OF A PROSECUTION UTILIZING THE CRIMINAL FALSE CLAIMS STATUTE ARE OUTLINED; A LAWYER EXPOSES THE GOVERNMENT'S INCONSISTENT USE OF THE ANALOGY BETWEEN THE CRIMINAL FALSE CLAIMS STATUTE AND THE CIVIL FALSE CLAIMS STATUTE FOR ITS OWN BENEFIT. EXTENSIVE FOOTNOTES ACCOMPANY EACH ARTICLE. (WJR)