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In the FY 1982 budget, OECE is requesting two program analysts to meet this objective, and two accountant-advisors to be available to ECE units and CRM for expert assistance in sophisticated white-collar crime cases, and to supplement the audit capability of other program agencies.
Increased Contact with Agency Headquarters: In order to strengthen the
relationship of OECE with prosecutive, investigative and program agencies and
build effective communication links between Specialists and corresponding
agency field offices, OECE plans to increase its liaison with headquarters
Regional Conferences: In accordance with the purpose of arranging training for investigative, program and prosecutive personnel, OECE plans to conduct
regional conferences in addition to the national ECE conferences. As the ECE
program develops, the national and regional conferences will focus on advanced investigative and litigative skills, thus necessitating that OECE commit
resources to undertake the development and formulation of these advanced
DECE's current responsibilities will expand as the program reaches full imple
mentation, and new responsibilities will be assumed when the program, as a whole, becomes operational. It is expected, therefore, that OECE will become
increasingly involved in the aforementioned activities, while undertaking a
role in the procurement of additional resources for the prosecution of significant cases and the formal evaluation of program operations.
The above narrative describes OECE's organizational relationship with to the Department and the ECE units, and its responsibilities to the ECE program; it highlights achievements to date and provides a perspective for future activities. At the same time, the above discussion, together with the following chapter, raises some programmatic and organizational issues, which, in the
judgment of the study team, can affect the future development of the ECE
program. These issues are presented in Chapter IV.
The ECE program encompasses both a national aspect, administered by OECE, and
a district aspect, directed by OUSA. This program design is predicated on the notion that CRM and the OUSAS, overall, have similar interests. The program is expected to realize national objectives, while recognizing the needs and
interests of the individual districts. The Specialist, a CRM employee operating
within a participating OUSA, is the critical link between these two aspects. He provides support for and reports to both organizations and, when necessary, balances their individual interests.
At the district level, program responsibilities to be administered by the Specialist and accomplished through the ECE unit, are designed to bring a new and unified emphasis to the prevention, detection, investigation and prosecution of white-collar crime. These responsibilities are:
To compile and analyze information on the district's white-collar
crime problem to form part of a national information system, and
To align the interests and coordinate the efforts of a multitude of
organizations involved in detecting, investigating and prosecuting
To focus local attention on the magnitude of white-collar crime,
its costs, and the lack of adequate sanctions against white-collar
To conduct or organize conferences and seminars to present information,
exchange ideas, and encourage the various participants in the law
To assist investigators and prosecutors in the development and preparation of significant white-collar crime cases by suggesting new investigative techniques and prosecutive approaches, and assisting, when
appropriate, in the preparation of briefs, motions and memoranda;
To oversee case development, and coordinate investigative and prosecu
To accomplish these tasks, the Specialist must serve as an information source,
advisor, coordinator, and prosecutor. Although he has primary responsibility
for ensuring the attainment of program goals and objectives, the Specialist is dependent upon the ECE unit to assist in his efforts, especially in the
prosecution of significant white-collar crime cases.
INTERNAL ORGANIZATION AND OPERATIONAL RELATIONSHIPS
In forming ECE units in the various OUSAs, CRM was to provide the Office
with an experienced attorney, to serve as the Specialist, while the Office was to establish a separate unit to specialize in white-collar crime. Organi
zational formation of the unit within the OUSA was left to the discretion of
the individual U.S. Attorneys. As a result, several different configurations
have been developed for the units' organization, the Specialist's relationship
to the unit, and the placement of each within the OUSA. (See Unit Profiles,
Office Organization: These unit configurations are derived from the overall office structure (including the presence of pre-existing units), the nature and scope of the white-collar crime problem, the organization of the Federal judiciary, and the U.S. Attorney's perception of the program and the Specialist's role. The office and unit organization may be described as
structured or flexible, and the Specialist's relationship to the unit as
integral or adjunctive.
Generally, the study team found the larger the office, the higher the degree
of specialization among the AUSAs within the office, and therefore, the
more structured the organization of the OUSA.
In contrast, the smaller
offices, having fewer resources, usually remain more flexible in order to meet the demands of their responsibilities in numerous cases and matters. Their attorneys are, for the most part, generalists.
The Attorney General's Order establishing the units outlined a structure for
these units: three experienced AUSAs (unless otherwise agreed to by the Deputy Attorney General), assigned to the unit full-time for at least 18 months. The
intent of this directive was to provide continuity and specialization in the
prosecution of white-collar crime cases, and to ensure the availability of ade
quate prosecutive resources.
Although all the OUSAs visited had established
separate units, the larger offices were better able to meet these specifications in form, while the smaller offices had difficulty in attaining the structured unit format. In general, the latter offices were unable either to designate the minimum number of attorneys or to devote their resources
full-time to the ECE unit.