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NCJ Number: 66198 Find in a Library
Title: GRAND JURY SECRECY AND THE ADMINISTRATIVE AGENCY BALANCING EFFECTIVE PROSECUTION OF WHITE-COLLAR CRIME AGAINST TRADITIONAL SAFEGUARDS
Journal: WASHINGTON AND LEE LAW REVIEW  Volume:36  Issue:4  Dated:(FALL 1979)  Pages:1027-1047
Author(s): M G PICKHOLZ; J M PICKHOLZ
Corporate Author: Washington and Lee University
School of Law
United States of America
Date Published: 1979
Page Count: 21
Sponsoring Agency: Washington and Lee University
Lexington, VA 24450
Format: Article
Language: English
Country: United States of America
Annotation: INCREASED PROSECUTIONS FOR WHITE-COLLAR CRIME AND RELATED PARTICIPATION OF ADMINISTRATIVE AGENCY PERSONNEL IN SUCH RIGHTS. RIGHTS.
Abstract: THROUGHOUT OUR HISTORY, BELIEF IN GRAND JURY SECREY HAS REMAINED UNCHANGED. REASONS GIVEN TO JUSTIFY SECRECY INCLUDE PREVENTION OF THE ESCAPE OF THOSE WHOSE INDICTMENT MAY BE CONTEMPLATED, ENSURING THE GRAND JURY'S FREEDOM FROM OUTSIDE INFLUENCES, AND ENCOURAGING FREE DISCLOSURES BY PERSONS POSSESSING INFORMATION WITH RESPECT TO THE COMMISSION OF CRIMES. THE GRAND JURY HAS RETAINED BROAD INQUISITORIAL POWERS TO ENABLE IT TO PERFORM ITS SOLE FUNCTION OF DETERMINING WHETHER TO INSTITUTE CRIMINAL CHARGES, AND CONGRESS HAS NOT GRANTED TO ADMINISTRATIVE AGENCIES COMPARABLE INQUISITORIAL POWERS. HOWEVER, CONGRESS HAS GIVEN AGENCIES LIMITED POWER TO DECIDE WHETHER TO INSTITUTE SECRET CIVIL INVESTIGATIONS OF ALLEGED VIOLATIONS OF STATUTES ENTRUSTED TO THEM. RULE 6(E) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, ORGINALLY PROMULGATED IN 1945, CODIFIED PRIOR CASE LAW GOVERNING ACCESS TO GRAND JURY MATERIALS. WITH THE ADVENT OF THE NUMEROUS REGULATORY AGENCIES OF THE 1930'S CAME THE QUESTIONING OF THE ASSISTANCE PROCEDURE AND MORE FREQUENT EXAMINATION BY THE COURTS OF THE CONSTITUTIONAL AND PROCEDURAL PROBLEMS CREATED BY AGENCY ASSISTANCE IN INVESTIGATIONS. IN 'ROBERT HAWTHORNE, INC. V. DIRECTOR OF INTERNAL REVENUE' (1976) AND 'J.R. SIMPLOT CO. V. UNITED STATES' (1976) THE COURTS ATTEMPTED TO BALANCE TRADITIONAL GRAND JURY SECRECY PRINCIPLES AGAINST THE GOVERNMENT'S NEED FOR AGENCY ASSISTANCE IN PROSECUTION EFFORTS. THE RECENT AMENDMENT TO RULE 6 (E) REMOVED RESTRICTIONS ON THE USE OF GOVERNMENT EXPERTS IMPOSED IN THESE CASES WHILE IT FACILITATED 'RESOLUTION OF SUBSEQUENT CLAIMS OF IMPROPER DISCLOSURE.' POTENTIAL FOR ABUSE OF THE 6(E) PROVISION EXISTS, AND PARTICIPATING AGENCY PERSONNEL SHOULD BE SWORN TO SECRECY WHEN AIDING IN INVESTIGATIONS. IN ADDITION, A RULE 6(E) DOCKET SHOULD BE PREPARED AND MAINTAINED WHICH INDICATES THE IDENTITY OF PERSONS HAVING ACCESS TO GRAND JURY MATERIALS. FOOTNOTES ARE PROVIDED IN THE ARTICLE. (LWM)
Index Term(s): Constitutional Rights/Civil Liberties; Grand juries; Investigative powers; Prosecution; Regulatory agencies; White collar crime
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66198

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