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EXTERNAL OPERATIONS AND RELATIONSHIPS

Beyond his relationships and responsibilities within the OUSA, the Specialist

interacts with a multitude of organizations having varying responsibilities

in white-collar crime enforcement:

OECE, the Fraud and Public Integrity

Sections, CRM; traditional Federal investigative agencies, OIGS and Federal regulatory agencies; and State and local investigative and prosecutive

offices. The Specialist also interrelates with other groups interested in white-collar crime enforcement: interest and advisory groups; professional and business organizations; and the general public.

OECE:

As an employee of CRM, the Specialist reports directly to OECE, and

channels information between OECE and OUSA.

This communication is the basis

of a planned information network, to be organized by OECE, developed through

the Specialists, and utilized by the OUSAS.

It will connect the ECE regions,

their respective OUSAS and the Department, so that the Department may make a

concerted effort against white-collar crime.

This information network, bolstered by the interaction of program participants at the national conferences and various district seminars, has already proven to be valuable in providing participants with referrals to other individuals

versed in problems or cases similar to those they currently face.

In addition

to the transfer of this case-specific information, many AUSAs noted that the

general exchange of anecdotal case experience was also useful.

Criminal

patterns and trends in white-collar crime have already been discovered. For

instance, a pattern of low level corruption led an OiG investigator--with

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the advice of a Specialist--into a significant program fraud case; a successful Medicare/Medicaid investigation in one jurisdiction led to the discovery

of similar activities in other jurisdictions.

When these trends and patterns are established, successful investigative techniques and prosecutive approaches may be relayed to other districts and adopted, as appropriate. As the program reaches full implementation, the impact of this network should increase greatly; once the network is complete, a national overview of white-collar crime should exist. This complete infor

mation base will identify duplications of effort and gaps in enforcement,

and allow the Specialist to consolidate and coordinate these efforts.

Fraud and Public Integrity: For additional expertise and assistance, the Specialist may call upon attorneys in the Fraud and Public Integrity Sections, CRM. Where an OUSA cannot handle a significant and complex white-collar crime case due to a lack of sufficient prosecutive resources, these two sections

may be able, in some instances, to assign an attorney to that office in order to alleviate the problem. In addition, the Public Integrity Section plans to assign their section attorneys responsibility for specific geographic areas, thus providing a ready contact for the Specialist.

Federal Agencies: An important part of the Specialist's role, and a major factor for ensuring the success of the program, is his interaction with the investigative and program agencies, including the coordination of their efforts among themselves and with the OUSA. Initially, the Specialist acts as a liaison for the program: directly communicating with agency personnel

about program goals, eliciting their participation in achieving program objectives and laying the foundation for his involvement with investigators

and AUSAs on major white-collar crime cases.

This involvement may require

his consultation, direction or oversight of the progress of the case.

He

encourages the agents to develop significant cases with the participation of

the OUSA at the beginning of the investigation.

Although several OUSAs have noted that they cannot force the agencies to develop significant cases, they can bring about positive change in the quality of cases by clearly communicating their policies to the agencies, and, if

necessary, exercising their decli

tion authority. When this latter method

is used in conjunction with a detailed explanation of why the case is being declined, the agency can begin to develop a clearer understanding of what is required for OUSA acceptance. Thus, OUSA interest, the Specialist's mission and the agencies' desire to have their cases prosecuted, should provide local investigative personnel with an incentive to develop cases within the scope of district and national priorities. However, until the agencies' methods of measuring achievements reflect the new emphasis on quality over quantity in law enforcement, there will continue to be a major disincentive

to the reorientation of investigations and, therefore, prosecutions in the

area of white-collar crime.

The OUSA's early involvement in the investigative process is the key to better

cases better prosecuted, and accrues to the benefit of both the agents assigned to an investigation and the unit AUSA designated to prosecute the completed

case.

The agent is assured of having a contact, the Specialist or an AUSA, within OUSA. The contact's familiarity with the developing investigation allows him to answer questions efficiently and knowledgeably, and, when required, to suggest other possible methods of developing a solid case. This familiarity may be essential to the AUSA's later successful prosecution of the case and helps the AUSA to ensure that the case will be complete and prosecutable. Both gain the mutual confidence and respect for each other

which develops through a close working relationship. For example, confidence

and respect are displayed by the agents' desire, at most sites, to obtain the Specialist's opinion early in the investigation because they believe it allows them to develop stronger, more complex or sophisticated cases, which the OUSA would be willing and able to prosecute successfully. Equally as important as the individual benefits is the enhancement of the overall quality of cases prepared for prosecution because the joint effort combines the

investigative and prosecutive expertise to develop a strategy for apprehending and prosecuting white-collar criminals.

By having the OUSA as a focal point for pending investigations, the probability of locating and coordinating duplicative investigations is greatly increased. Furthermore, consolidation of several smaller investigations can often result in a case more significant than the sum of its parts. Coordinating the various agency interests and talents requires a certain degree of diplomacy, understanding,

patience and impartiality. In many instances, the agencies have expressed

their willingness and the desirability of having the Specialist fulfill the

mediator's role because of his unique location within the enforcement community.

In fact, the Specialist's ability to settle disputes and coordinate investigations was often cited by the agents interviewed as one of the Specialist's most important functions.

While assisting in the development of cases, the Specialist acquires an understanding of the various agencies' program operations. In reviewing case evidence, he can discover program practices which may make the prosecution,

prevention or detection of white-collar crime more difficult. He can then

make recommendations to correct such problems, sometimes a relatively simple

matter. For example, one Specialist noted that employees of a particular program were filling in application forms for the applicant. Since the applicant's handwriting was not on the form, it became more difficult to

show his understanding of the application and thereby prove an intent to defraud. This was easily corrected by requiring the applicant to personally

complete the forms.

Another aspect of this greater involvement of the OUSA with its client

agencies is the dissemination of general information through training, seminars and conferences. Generally, the Specialists preferred the informal methods

of presenting information on specific subjects, i.e., seminars and conferences,

indicating that formal training was more properly the responsibility of the

agency. Depending on his knowledge of the subject matter, the Specialist

may conduct the session himself or arrange for someone else to present it. Examples of seminar topics are investigative auditing, how to document a trail of evidence and the use and function of the investigative grand jury.

These sessions have been attended by agents and AUSAS; generally, they have

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