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Interrelationships Among Remedies for White-collar Criminal Behavior (From White-Collar Crime - An Agenda for Research, P 153-173, 1982, Herbert Edelhertz and Thomas D. Overcast, ed. - See NCJ-77820)

NCJ Number
77826
Author(s)
E H Stier
Date Published
1982
Length
21 pages
Annotation
Fragmented enforcement efforts by agencies with concurrent jurisdiction over white-collar crimes are examined by the director of New Jersey's Division of Criminal Justice; strategies for promoting interagency cooperation are detailed.
Abstract
Although numerous institutions have been involved in combating white-collar crime, their efforts thus far have been relatively unsuccessful, partly because of the diversity and covert nature of white-collar crimes and society's ambivalence and moral confusion regarding these activities. A discussion of criminal and civil sanctions against white-collar crime covers restitution, consumer protection laws, court orders permitting continued law enforcement scrutiny of a defendant's business activities, injunctions, regulatory powers, and professional licensing revocations. An analysis of these approaches notes that although an effective system exists in theory, these remedies have rarely been used as part of an overall system of white-collar crime control. For example, few criminal law enforcement agencies possess the expertise to investigate criminal cases referred to them by regulatory agencies. Once an investigation into a white-collar crime is completed, prosecution is often difficult and sentencing tends to be lenient. In some cases, civil, administration, and private remedies may be unable to deter the proscribed activity. Presently, each institution usually defines a white-collar crime problem from its own limited perspective and develops its own course of action on an ad hoc basis. Several obstacles hinder efforts to combine remedies and resources. As demonstrated by the problem of illegal hazardous waste disposal in New Jersey, information is not freely exchanged among public agencies and between private industry and law enforcement agencies. Organizations' individual standards and interests may also result in conflicting interpretations of the facts. Even if these problems are overcome, a variety of factors ranging from bureaucratic self-interest to competing social policy can pose final impediments to cooperation. Practical strategies for coordinating resources and information are illustrated by experiences in New Jersey, including regular meetings among agency representatives; a multiagency data collection system; and the establishment of task forces to formulate policies, operating guidelines, and investigative priorities.

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