Prosecution

Criminal Prosecutions

In the past, criminal prosecutions of white-collar crime cases were rare. However, more currently, a growing number of white-collar and corporate crime cases are being prosecuted by criminal justice officials. While most of these prosecutions are done at the federal level, some are done by local prosecutors. Regardless of where criminal prosecutions occur, a number of issues arise that must be addressed by prosecutors in white-collar crime cases. In Crime in the Home Health Care Field (2003), Brian K. Payne addresses 10 problems that routinely arise in home health care fraud prosecutions: proof problems, witness problems, record chasing, complexity, insufficient statutes, minor losses, offender sympathy, time, victim bias, and funding. These problems can also be seen as occurring in other white-collar crime cases.

Proof problems refer to the fact that criminal prosecutors have an uphill battle proving beyond a reasonable doubt that white-collar offenders are culpable for their actions. First, they must prove that a crime occurred. Second, they must prove that the offender was the one who committed the act. Third, criminal prosecutors must prove that the offender intended to commit the actions. Finally, the prosecutor must dispute any defenses put forth by the defense team.

Witness problems also arise in these cases. On one level, there may simply be no witnesses available. Most individuals do not know it when they have been victimized by a white-collar or a corporate offender. On another level, witnesses may have personal relationships with the defendants, thereby decreasing their desire to cooperate with prosecutors who are seen as the enemy.

Record chasing is another problem that arises. The typical white-collar crime case will require prosecutors to review complex files and evidence. These cases are not the kind highlighted on the evening television shows. They require a great deal of patience, fortitude, and knowledge about different kinds of occupations. In conducting these record chases, a great deal of time and resources must be dedicated to the case.

Most white-collar and corporate crime cases are quite complex. When an individual holds a gun to someone's head and steals her money, it is clear that a crime has been committed. When an individual loses another person's investments, it is not always clear whether a crime has been committed, or simply bad business transactions. Other white-collar crimes are equally complex. When a doctor provides certain services and bills Medicaid for those services, all doctors may not necessarily agree on the utility of those services. It becomes quite complex to determine whether transgressions occurred.

Insufficient statutes are another problem. In many cases, criminal laws may not exist prohibiting certain violations. Computer crimes, for example, were not crimes until recently. Sending viruses,[Page 641] spam, and other problematic e-mails were crimes in just a handful of states in 2003. Prosecutors have gone after contractors who committed fraud with burglary charges (that is, breaking and entering with the intent to commit a crime) because their fraud statutes were flawed.

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