Conspiracy, the Business Enterprise, White Collar Crime and Federal Prosecution: A Primer for Practice
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Authors
Hermann, Donald H. J.
Issue Date
1976
Volume
9
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Conspiracy prosecutions of the business enterprise and those individuals associated with it can take two forms. In the first type of case, the business enterprise and its associates are prosecuted for the inchoate crime of planning and agreeing to commit a substantive offense or for the completed agreement to commit a substantive offense. In a second type of case, the business enterprise and its associates are prosecuted for a substantive offense which is defined by statute as an agreement to attain some specific objective. The former type of prosecution has been properly criticized for its vagueness and its broad sweep in providing the basis for prosecution where it is asserted that the proper ends of the criminal law would best be served by limiting prosecution to the offense itself. The latter type of prosecution of business enterprises for agreements which are themselves defined as illegal involve situations where, despite difficulties with the inference of intent and concern with possible chilling effects on otherwise desirable associational activity, society has proscribed these agreements because of their harm to the functioning of the social or economic order. This is the case with agreements to fix prices, regardless of whether there is an actual power to fix prices and regardless of whether the prices fixed are reasonable...
Description
Citation
9 Creighton L. Rev. 647 (1975-1976)
Publisher
Creighton University School of Law