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Role of the Private Law Firm in Fighting Fraud and Corruption (From Government Ethics and Law Enforcement: Toward Global Guidelines, P 228-244, 2000, Yassin El-Ayouty, Kevin J. Ford, et al., eds.)

NCJ Number
Neil V. Getnick
Date Published
17 pages
This paper describes the historical context of government efforts in the United States over the past 60 years in fighting systemic fraud and corruption as well as the organizational and methodological tools available to private law firms through the emerging practice area termed civil prosecution.
Following a discussion of specific cases involving organized crime and corruption and a review of the Racketeer Influenced Corrupt Organizations Act, the author looks at Federal sentencing guidelines and the Federal False Claims Act. Civil prosecution is noted as an emerging legal practice area encompassing the field of law aimed at fashioning civil remedies for business crimes. Practice areas of civil prosecution are identified, such as complex fraud investigations and litigation, Federal and State whistle blower cases, and internal and independent monitoring of business fraud. The author concludes that opportunities for private law firms to promote business integrity and to fight fraud and corruption will continue to expand and that emerging global anti-corruption and bribery laws will require a worldwide retooling of corporate procedures. 34 notes