Tuesday, May 13, 2008

White Collar Crime Prosecutions - A Long Way to Go to Hit the Levels of 5 Years Ago

White Collar Crime prosecutions continue to be extremely low, despite the fact that they have increased this past month. According to the Syracuse TRAC reporting system, there has been a 28.4 percent increase in the number of white collar crime prosecutions in the month of January.  This number, however, is a -17.3 percent change from 5 years ago (including the magistrate court) and a -19.4 (excluding the magistrate court). It is disheartening to see that white collar crime is not being prosecuted at the levels that it was being handled five years ago, although AG Mukasey can credit himself with increasing these prosecutions from the last couple of administrations. Not surprising, however, is the fact that the number one charge being used by prosecutors is mail fraud - 18 U.S.C. 1341.

This reporting, however, has many deficiencies as DOJ's categories for white collar crime do not match the definition provided by many and also do not include many offenses that clearly are considered white collar crime by the individual U.S. Attorney offices (see Is DOJ Cooking the Books in its Reporting of White Collar Crime?) Interestingly, aggressive overcharging by the government, may be hurting their statistics.  There is no category under white collar crime for recording the use of money laundering and RICO charges that are used by the government in so many of the white collar cases.

(esp) (w/ disclosure that she is a B.S. graduate of Syracuse U.- home of the Trac Reports). 

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/05/white-collar--1.html

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Comments

I would like to know how much of the ill gotten gains are being confiscated and/or restitution charged? Most people never see a million dollars even in a life time. Are the deterrents great enough to out weigh the profits? What's a couple of years in prison if you can get out to a bounty that will give you leisure and luxury for the rest of your life? It's like Bush, Rice and Cheney being charged a penance on the mega profits they made for their roles in the oil for food scandal. It wasn't even enough to consider it a tax. When the charges should have included treason but didn't.

Posted by: southerncapricorn | May 15, 2008 7:41:55 AM

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