NCJ Number
80590
Journal
American Criminal Law Review Volume: 19 Issue: 2 Dated: (Fall 1981) Pages: 173-520
Date Published
1981
Length
348 pages
Annotation
This article surveys the law regarding (1) procedural issues involved in the prosecution and sentencing of white-collar criminals and (2) substantive white-collar crimes.
Abstract
It looks at procedural issues involved in fifth amendment limitations on compelled production of evidence and concludes that if the fifth amendment privilege is available, the witness has the right not to testify, but this does not include the right to testify falsely and commit perjury. Furthermore, the Government cannot comment on defendants' decisions to exercise their fifth amendment rights. Other procedural issues examined involve administrative summons, subpoena, discovery, parallel suits, immunity, attorney-client privilege, and sentencing. The elements of, defenses against, and enforcement of the following substantive crimes are discussed: mail and wire fraud, conspiracy, perjury, false statements, violations of the Travel Act, labor racketeering (violations of the Racketeer Influenced and Corrupt Organizations Act), false claims, embezzlement, environmental crimes, extortion, bribery, conflicts of interests, tax and securities frauds, and others. Recent cases and statutes are cited throughout. A total of 2,943 footnotes are provided.