NCJ Number
63197
Journal
Southern California Law Review Volume: 52 Issue: 4 Dated: (MAY 1979) Pages: 1273-1304
Date Published
1976
Length
161 pages
Annotation
RECOMMENDATIONS ARE PRESENTED FROM A SPECIAL EXPERT COMMISSION APPOINTED BY THE WEST GERMAN GOVERNMENT TO INVESTIGATE PROBLEMS OF WHITE-COLLAR CRIME AND TO PROPOSE LEGAL REFORMS.
Abstract
MEASURES TO CONTROL WHITE-COLLAR CRIME ARE NEEDED BECAUSE OF THE GROWING FINANCIAL LOSSES FROM SUCH CRIMES, THE DANGER TO THE ECONOMY'S ABILITY TO FUNCTION, AND THE LIKELIHOOD OF CRIMINAL IMITATION IN WHOLE BRANCHES OF THE ECONOMY AS A RESULT OF COMPETITIVE PRESSURE. THE COMMISSION, WHICH WAS FOUNDED IN 1971, CONSISTS OF REPRESENTATIVES OF A NUMBER OF ECONOMIC AND LEGAL AREAS, ESPECIALLY CRIMINAL LAW, AND IS REQUIRED TO WORK INDEPENDENTLY OF THE FEDERAL GOVERNMENT. RECOMMENDATIONS THAT RELATE TO PROBLEMS ASSOCIATED WITH COMMERCIAL LAW INCLUDE PREVENTION OF FRAUD IN FOUNDING PARTNERSHIPS, REQUIREMENTS FOR BOOKKEEPING AND FINANCIAL STATEMENTS, MISUSE OF FUNDS BY BUILDING CONTRACTORS, CHANGES IN BANKRUPTCY LAWS, AND MODIFICATION OF THE COLLATERAL LAW. TAX AND SUBSIDY LAW PROBLEMS ARE DEALT WITH, ESPECIALLY CONCERNING TAX EVASION, SUBSIDY FRAUD, AND THE OBLIGATION OF AGENCIES TO REPORT IRREGULARITIES TO THE FEDERAL PROSECUTOR. MISCELLANEOUS URGENT PROBLEMS CONSIDERED INCLUDE CREDIT FRAUD, FRAUDULENT OFFERS FOR CAPITAL INVESTMENT, FRAUDULENT ASSESSMENT OF REAL ESTATE, AND EXCESSIVE INTEREST RATES. FINALLY, PROBLEMS OF UNFAIR COMPETITION AND CARTEL LAWS ARE PROVIDED FOR THROUGH RECOMMENDATIONS FOR MEASURES FOR IMPROVING CONSUMER PROTECTION AND CONTROL OF PRACTICES LIMITING COMPETITION. ISSUES YET TO BE CONSIDERED ARE PROTECTIVE LAWS FOR CREDIT AND FINANCING TRANSACTIONS, FOR CAPITAL AND SECURITIES MARKETS, FOR GOLD AND CURRENCY EXCHANGE, FOR PUBLIC ADDRESS BOOK USE, FOR COMPUTER INFORMATION, AND FOR REAL ESTATE TRANSACTIONS, AS WELL AS LAWS GOVERNING CRIMINAL PROCEDURES AND COURT ORGANIZATION. A LIST OF COMMISSION MEMBERS, THE PROPOSED WORK PLAN OF THE COMMISSION, AND A LIST OF REPORTS TO DATE ARE PROVIDED. --IN GERMAN. (KMD)