Gathering evidence knowing which information is

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Gathering evidence Knowing which information is important and how to decipher complex records This is one argument in favor of former insiders as regulators
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Policing White-Collar Crime
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Investigatory Strategies Proactive strategies involve taking steps to identify crimes as they are unfolding The opposite of sitting around and waiting for crime to fall into your lap Proactive approaches Audits/routine reviews Surprise inspections Public record/reporting requirements
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Investigatory Strategies Reactionary strategies occur in response to evidence that a crime is/was occurring Authorities gain knowledge, and then attempt to address the problem Numerous ways authorities may learn of WCC Apparent harm Schemes become unsustainable/collapse Consumer/competitor complaints Informant information/whistleblowers
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Discovering White-Collar Crime Three types of agencies use these strategies to respond to WCC Private agencies (internal to the organization) Criminal justice agencies Governmental regulatory agencies Both state and federal agencies play a role, although the fed’s role is generally larger
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Local Law Enforcement Local law enforcement is generally unconcerned with policing WCC Primary duties are to maintain order Generally, lack the knowledge, resources, and jurisdiction to effectively police business Control primarily left up to the Fed Gov’t Federal investigators and agencies are better able to cope with the complexities of WCC Even state police are minimally involved
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Federal Law Enforcement More than two dozen agencies have investigative jurisdiction over WCC Of course, jurisdiction are not clearly defined The DOJ also engages in its own investigations Discovered cases are transferred to the DOJ for criminal prosecution or the appropriate agency for regulatory adjudication
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Federal Law Enforcement Some of the principle investigators include: The Federal Bureau of Investigation (FBI) The Inspectors General (I.G.) U.S. Postal Inspection Service The Secret Service U.S. Customs Service The Environmental Protection Agency The Criminal Investigations Division of the IRS
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Regulating and Law Enforcement
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Formally Handling Cases There are generally three systems capable of handling white-collar crime cases Criminal law Administrative law Civil law Systems do not fully overlap It is not always a discretion-based decision where to send a case
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Parties and Applicable Law Prosecutor/Plaintif Defendant Law Type Government Corporation Administrative/Crimin al Government Employee/individual Criminal/Administrativ e Corporation Government Civil/Administrative Corporation Corporation Civil Corporation Employee/Individual Civil Employee/Individual Corporation Civil
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Which Body of Law?
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