American Criminal Law Review

American Criminal Law Review is a magazine covering criminal law in the U.S. It is published quarterly by Georgetown University Law Center.Subjects for American Criminal Law Review include: Police, Penology, and Penal Institutions; Law.

Articles from Vol. 35, No. 3, Spring

Antitrust Violations
I. INTRODUCTION Section 1 of the Sherman Act(1) ("Act"), the primary federal antitrust provision, subjects to criminal sanctions any person "who shall make any contract or engage in any combination or conspiracy" in restraint of interstate commerce.(2)...
Computer Crimes
I. INTRODUCTION This Article tracks developments in computer related criminal law and legal literature, analyzes federal, state, and international approaches to computer crime legislation and enforcement, and reviews recent developments in these...
Corporate Criminal Liability
I. INTRODUCTION While the concept of corporate criminal liability is far from new,(1) greater efforts at enforcement(2) have recently been prompted by changes in the structure of health care systems,(3) changes in public attitudes towards white...
Employment-Related Crimes
I. INTRODUCTION This Article surveys the criminal penalties currently available to protect workers in the areas of occupational safety and employment practices. Section II discusses worker safety through the Occupational Safety and Health Act...
Environmental Crimes
I. INTRODUCTION Nine principle statutes govern the enforcement of federal environmental regulations through criminal prosecution. After a brief discussion in Section II of issues common to most of these statutes, including theories of liability,...
False Claims
I. INTRODUCTION Congress enacted the first False Claims Act ("the Act") in 1863(1) in response to widespread procurement fraud in Civil War defense contracts.(2) In so acting, Congress sought to protect government funds and property from fraudulent...
False Statements
I. INTRODUCTION Section 1001 of Title 18 of the United States Code(1) is a frequently used and far-reaching(2) statute that criminalizes false statements made directly or indirectly to the federal government.(3) The statute has evolved to...
Federal Criminal Conflict of Interest
I. INTRODUCTION The term "conflict of interest legislation" encompasses the numerous statutes passed by Congress, largely in the post-Watergate era, to prevent and punish corruption of our public officials.(1) Section I of this Article introduces...
Federal Criminal Conspiracy
I. INTRODUCTION Under 18 U.S.C. [sections] 371, it is a crime for "two or more persons [to] conspire ... to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose."(1)...
Federal Food and Drug Act Violations
I. INTRODUCTION In 1938, Congress enacted the Federal Food, Drug, and Cosmetic Act ("FDCA" or "Act"),(1) pursuant to its constitutional authority to regulate interstate commerce.(2) The primary purpose of this legislation is to protect the health...
Financial Institutions Fraud
I. INTRODUCTION This article reviews the development and application of three federal criminal statutes which govern offenses by or against financial institutions. Section II analyzes the Bank Fraud Statute, which targets fraud against financial...
Foreign Corrupt Practices Act
I. INTRODUCTION The Foreign Corrupt Practices Act ("FCPA")(1) was enacted in 1977 as a response to a series of corporate bribery scandals involving foreign government officials during the 1970's.(2) Following inquiries by the United States Senate(3)...
Health Care Fraud
I. INTRODUCTION Annual health care expenditures in the United States exceed $1 trillion.(1) With that much money involved, "there will always be individuals or companies that attempt to game the program purely for their own profit."(2) Indeed,...
Independent Counsel Investigations
I. INTRODUCTION The Independent Counsel statute was enacted during the post-Watergate era as a safeguard against high-level corruption and abuse of the public trust. The statute has since become one of the most controversial political reform...
Intellectual Property Crimes
I. INTRODUCTION Owners of intellectual property have great incentives to protect their rights in such property by pursuing civil remedies. Yet the possibility of civil sanctions alone is insufficient to deter violators who would steal a trade...
Mail and Wire Fraud
I. INTRODUCTION To federal prosecutors of white collar crime, the mail fraud statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart--our true love. We may flirt with RICO, show off with 10b-5, and call the conspiracy...
Modern Mail Fraud: The Restoration of the Public/private Distinction
I INTRODUCTION Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that quickly overgrew...
Money Laundering
I. INTRODUCTION According to one former federal prosecutor, "[t]he white collar crime of the 1990's is here and it is money laundering."(1) "`Money laundering' is the process by which one conceals the existence, illegal source, or illegal application...
Obstruction of Justice
I. INTRODUCTION Obstruction of justice is "the act by which one or more persons attempt to prevent, or actually prevent, the execution of lawful process."(1) Obstruction of justice is governed principally by 18 U.S.C. [subsections] 1501 through...
Organizational Sentencing
I. INTRODUCTION: SCOPE AND PURPOSE OF THE ORGANIZATIONAL GUIDELINES In the United States, organizations are held vicariously liable(1) for criminal offenses committed by their agents.(2) The validity of corporate criminal prosecution was recognized...
Perjury
I. INTRODUCTION Sworn testimony is regarded as valuable evidence upon which important judicial, legislative, administrative, and other governmental decisions are made. Consequently, the integrity of our government depends in large part on the...
Procedural Issues
I. INTRODUCTION This Article discusses criminal procedure, emphasizing issues that are particularly relevant to white collar crime litigation.(1) Section II discusses the initiation of white collar criminal prosecutions. Section III examines...
Racketeer Influenced and Corrupt Organizations
I. INTRODUCTION The Racketeer Influenced and Corrupt Organizations Act ("RICO"),(1) enacted as Title IX of the Organized Crime Control Act of 1970,(2) is designed to combat organized crime.(3) RICO also has broad application beyond the organized...
Securities Fraud
I. INTRODUCTION Seven statutes regulate securities transactions.(1) Congress passed the most important of these statutes, the Securities Act of 1933 ("1933 Act") and the Securities Exchange Act of 1934 ("1934 Act") as a result of the stock market...
Tax Violations
I. INTRODUCTION This Article outlines the elements, defenses, and sentencing consequences of various criminal tax violations under the major United States Internal Revenue Code ("I.R.C.") sections, [subsections] 7201, 7202, 7203, 7206, and 7212(a)....
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