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NCJRS Abstract

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NCJ Number: 76750 Add to Shopping cart Find in a Library
Title: Hazardous Waste Violations - A Guide to Their Detention, Investigation, and Prosecution
Author(s): M M MustokoffEdelhertz H
Corporate Author: Battelle Human Affairs Research Ctrs
National Ctr on White-Collar Crime
United States of America
Project Director: H Edelhertz
Date Published: 1981
Page Count: 87
Sponsoring Agency: Battelle Human Affairs Research Ctrs
Seattle, WA 98105
National Institute of Justice/
Rockville, MD 20849
Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Justice
Grant Number: 77-TA-99-0008
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: This operational guide, developed by the National Center on White-Collar Crime, sets forth strategies and tactics for the detection, investigation, and prosecution of crimes arising from the handling of hazardous wastes.
Abstract: An overview of the hazardous waste problem, definitions of hazardous wastes, and descriptions of three common characteristics of the crime -- generation, transportation, and disposal -- are provided. The guide also lists and describes the distinct patterns of prosecution which may be undertaken in hazardous waste cases. These include (1) specific environmental statutes carrying criminal penalties; (2) criminal statutory offenses generally dealing with the public health and welfare; (3) criminal statutory offenses dealing with data disclosure, fraud, and public corruption; (4) criminal conspiracy, solicitation, and aiding and abetting statutes; and (5) Racketeer Influenced and Corrupt Organization (RICO) statutes. The guide also discusses both the reactive (complaint response) and proactive (self-initiated inquiry) types of detection and suggests reasons why nearly all hazardous waste investigations to date have been reactive. A section on investigation outlines and describes 11 preinvestigation considerations, such as verifying the source of the complaint, determining if there is an immediate danger to life or property, discovering other investigative leads from public or otherwise accessible records, and deciding if the case is best pursued as a civil or criminal matter. In addition, five methods of obtaining evidence are analyzed in terms of need, effectiveness, problems, and cost: surveillance; surreptitious monitoring; search and seizure warrants; statements made by targets, coconspirators, and other witnesses to the crime; and the use of the grand jury. The prosecution of hazardous waste cases is analyzed in terms of such legal issues as corpus delicti and circumstantial evidence, and methods of presenting the case to a jury and combatting the defense of toxic waste cases are described. Finally, policy considerations in toxic waste cases involving target selection and sentencing are discussed. A total of 79 endnotes are given.
Index Term(s): Accountability; Corporate criminal liability; Criminal investigation; Hazardous substances or materials; Prosecution; White collar crime
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