NCJ Number
86316
Date Published
1981
Length
5 pages
Annotation
This article reviews pending Federal legislation bearing on corporate crime, organized crime, labor racketeering, and public corruption, with attention given to the inadequacies of the Drinan bill (S. 1722).
Abstract
The American legal system is so dominated by money, elitism, and politics that powerful people know that even if they are arrested, tried, and convicted, the sanctions will be insignificant compared to the gains from their crimes. Efforts to remedy this situation through Federal legislation have been impeded by the lobbying blitz of corporate representatives. Their lobbying effectiveness can be seen in the House bill (S. 1722). This bill would (1) shorten the statute of limitations from 5 years to 2 years on several white collar crimes, (2) lower fines for certain white collar crimes, (3) eliminate three major Federal criminal statutes frequently used to prosecute politicians, (4) limit Federal jurisdiction in investigating State and local corruption, and (5) eliminate from the criminal code an almost 100-year-old provision that penalizes conspiracies to defraud the Federal Government. Further, the bill has no provision that permits the Federal Government to appeal sentences that are unjustifiably lenient in white collar crime cases. Also, the bill eliminates the Travel Act jurisdiction over commercial bribery and appears to reinterpret or eliminate a significant aspect of the mail-and-wire-fraud law under which several major corporate prosecutions have been brought. The bill does not have a 'reckless endangerment' provision under which corporations and individuals would be held liable for business practices that endanger people's health and lives. This bill has been apparently strongly influenced by the lobbying efforts of the Business Roundtable, which is composed of the chief executive officers of 192 corporations and banks. Some examples of corporate crime are provided.