White-Collar Crime Feels the Legal Heat

By Jim Bencivenga, writer of The Christian Science Monitor | The Christian Science Monitor, January 14, 1992 | Go to article overview

White-Collar Crime Feels the Legal Heat


Jim Bencivenga, writer of The Christian Science Monitor, The Christian Science Monitor


THERE is no recession for the white-collar criminal-defense bar. Leading white-collar-crime attorneys are awash in litigation and major law firms are gearing up for business defending corporations and their executives against criminal and civil prosecution.

Massive scandals, such as the the savings-and-loan crisis, the Salomon Brothers securities price-fixing scheme, the money-laundering activities of the Bank of Credit and Commerce International (BCCI), plus new federal "Guidelines for Sentencing" that became law in November are generating more prosecutions, say legal experts.

The decade of the '80s heightened public concern about white-collar crime, says Whitney Adams, chairman of the white-collar-crime committee of the American Bar Association. Corrupt business executives, politicians, corporations, labor unions, and even universities are "politically, an attractive issue for prosecution today," she says.

The new federal guidelines pack a one-two legal punch for law firms, says David Zarnow, a former prosecutor and partner in the white-collar division of the New York-based Skadden, Arps, Slate, Meagher & Flom, one of the largest and most profitable law firms in the world. The guidelines not only increase the potential number of white-collar and corporate clients, but also extend the reach of prosecutors in criminal cases, he says. They substantially increase the severity of the fines imposed on corporations convicted of a wide range of federal offenses - for example, mail, wire, securities, tax, and government-contract fraud.

Just five years ago, criminal-defense attorneys were in specialized firms or practicing alone, says Mr. Zarnow. Now, many of the leading criminal-defense attorneys have joined large law firms.

Prosecutions are likely to increase because of two important criteria that "get prosecutors involved" stemming from the new guidelines, says Ms. Adams. A prosecutor asks two questions, she says:What is the likelihood of winning? What is the likelihood of getting good sanctions? The sanctions now are specific, focus on compliance, and carry stiff penalities.

Techniques and prosecutorial tools developed for the war on drugs, especially the Racketeer Influenced and Corrupt Organizations Act (RICO) "pushed the envelope out," Zarnow says. "We're living through a period where we seek to dispose of issues of blame, of fault, of liability, through criminal litigation rather than civil," he says. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

White-Collar Crime Feels the Legal Heat
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.