NCJ Number
145254
Journal
Criminal Justice Volume: 8 Issue: 3 Dated: (Fall 1993) Pages: 26-29,63-70
Date Published
1993
Length
12 pages
Annotation
The Federal Government's increasing reliance on criminal sanctions to enforce complex regulatory schemes creates new hazards for attorneys, and the number of conviction reversals suggests that prosecutorial discretion is no safe haven in a close case.
Abstract
The combination of pervasive regulation and expansive statutes covering Federal crimes is compounded by the increased use of Federal mail and wire fraud statutes to convert civil fraud claims into Federal felonies. Aiding and abetting statutes render all attorneys vulnerable to prosecution arising from misconduct by third parties, especially attorneys who represent regulated entities. The Federal conspiracy statute is also frequently used to prosecute attorneys. Additional hazards faced by attorneys concern the obstruction of justice, misprision of a felony, false statements, criminal liability for business decisions, currency reporting requirements, and money laundering. Suggestions are offered on how attorneys can avoid being involved or appearing to be involved in criminal activities.