NCJ Number
86545
Journal
American Criminal Law Review Volume: 20 Issue: 2 Dated: (Fall 1982) Pages: 145-336
Editor(s)
S M Pilchen,
D Marwitz
Date Published
1982
Length
196 pages
Annotation
Legal scholars address the potential impact of a proposed law on commercial counterfeiting, the propriety of allowing prosecutors discretion to remove criminal defense counsel, and sentencing patterns in white-collar crime cases in the Southern District of New York.
Abstract
Although commercial counterfeiting robs consumers and businesses of billions of dollars annually, there are currently no Federal criminal sanctions; the authors argue that the proposed Trademark Counterfeiting Act would be effective against commercial counterfeiters. One of the Government's latest methods for expanding prosecutorial discretion is disqualification motions. In the name of protecting the defendant's right to conflict-free counsel, prosecutors have sought to remove the most qualified defense attorneys and to gain access to privileged material. A law professor concludes that these motions, when pressed over the client's waiver, violate fifth and sixth amendment rights and impair effective defense. A discussion of white-collar sentencing in New York (1963-76) reveals that violators of public trust (i.e., mail fraud, public embezzlement) received sentences similar to those given common criminals, while other white-collar criminals were treated more leniently. Thus, researchers should study why white-collar offenders do not receive consistent sentences. A final report surveys recent developments in criminal law relating to white-collar crimes. Each article contains footnotes; data tables illustrate white-collar sentencing patterns. For individual articles, see NCJ-86546-49.