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SENTENCING ENHANCEMENT

General Achievements:

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Developed an inventory of sentences pertaining to recently completed white-collar crime cases.

Added particularly relevant sentencing memoranda or studies to the

information network.

Selected Specific Achievements:

The Specialist in one district, after studying and developing a
series of sentencing memoranda, produced a study on the use of the
Dangerous Special Offender Statute in white-collar crime cases.

The above narrative has described the internal and external organization and operation of the ECE units, the developmental stages that are characteristic of establishing and implementing a unit, and has identified some unit achievements which highlight, to some extent, the initial effectiveness of the ECE program. Together with the first two chapters, this report has documented the operation of the OECE and the initial seven ECE units in terms of program structure and rationale, thus, fulfilling three objectives of the study and providing the basis for meeting its fourth purpose developing recommendations for improving management of the program.

CHAPTER IV

ISSUES IMPACTING UPON THE ESTABLISHMENT AND IMPLEMENTATION
OF THE ECONOMIC CRIME ENFORCEMENT PROGRAM AND UNITS

The preceding chapters of the report have, while presenting a description of the ECE program, noted specific observations and findings about various aspects of the program. The first chapter examined program design and determined that, theoretically, the program could accomplish its objectives.

The

next two chapters considered current program operations for indications that the program is working as contemplated and would, therefore, be able to achieve its objectives. Together, however, these chapters form the foundation for raising some important program-wide issues that have the potential to limit the effectiveness and efficiency of the program. These issues, although discussed separately, are interrelated, focusing primarily on the role of the Specialist and his ability, as a CRM employee, to function as a change agent in the decentralized activities of the 95 OUSAs. Specifically, the issues to be discussed are:

The ECE program is based, in large part, upon the Specialist's ability to balance the various expectations of program participants, while acting as a catalyst to unify the enforcement efforts of 93 judicial districts through 30 OUSAS, thus giving the program a national scope. Can the ECE program design achieve this objective of national coverage? What particular environment is necessary in a district to ensure the successful initiation of an ECE unit?

What attributes of and role for the Specialist in his ECE region will best ensure the effective and efficient utilization of CRM resources?

These issues are addressed from a management perspective, with the purpose of providing recommendations to CRM management to improve and clarify the ECE program as they formulate plans to expand, modify and evaluate it. They are discussed within the context of the program's objective "to enhance the capabilities and capacities of the Department to prevent, detect, investigate and prosecute the economic crime offender nationally"* and in light of the program's design to have ECE units operate "... in the U.S. Attorneys' Offices and within the Criminal Division of the Department of Justice with the goal of directing investigative and prosecutive resources for two of the Department's top enforcement priorities: fraud and public corruption."* addition, the discussion is presented in view of the Attorney General Order's further purpose "to mandate maximum efficiency in the utilization of personnel in the prevention, detection, investigation and prosecution of economic crime offenders."*

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Finally, it is recognized that there is no one solution to address all variations of the particular situation in a specific OUSA. Indeed, the ECE program was developed with the understanding that there are innumerable variables that affect a program of this nature, and the preferred method of handling the variables is through flexibility in the program design. Therefore, the conclusions and recommendations in this chapter, while based on sound principles of

⭑ Attorney General Order 817-79

management, are meant to be used as general guidelines to enhance the effectiveness and efficiency of the program, rather than as ironclad rules which must be followed without regard to the particular circumstances of a given situation.

Conclusions

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That the goals and objectives of the ECE program provide an adequate
rationale for the structure of the program and the function of the
ECE units;

That the organizational and operational collaboration of OUSA and
CRM with respect to the ECE program provides an effective strategy
for addressing the problems of economic crime enforcement and for
utilizing available resources in a more efficient and accountable
manner; and

That the ECE units studied generally conform to the program's
conceptual design and organizational structure.

CAN THE PROGRAM, AS DESIGNED, ACCOMPLISH THE OBJECTIVE OF GIVING THE PROGRAM A NATIONAL SCOPE?

The ECE program was created as a national response to white-collar crime. It places a strong emphasis on white-collar crime enforcement and seeks to enhance the Department's effectiveness in this priority area by increasing the coordination and information flow between all parties interested or involved in the enforcement effort. The subjects discussed in the first three chapters make it evident that this program can, and will accomplish this goal; however,

consideration of the issues discussed in this chapter and the incorporation of their respective recommendations can further enhance the efficiency and effectiveness the Department can achieve in this program initiative.

The Effect of the Design and Location of the 30 ECE Units on the National Scope of the Program. In establishing the ECE program, it was CRM's intention to create a national program to combat a national problem by locating 30 ECE units, with one or two ECE Specialists, in selected OUSAs to cover the 50 States, the District of Columbia and Puerto Rico. This national focus requires that most of the existing and proposed ECE units' regions cover more than one Federal judicial district, thereby creating in most regions a district ECE unit and one or more non-unit districts. According to plan, full implementation of the program will result in Specialists covering 30 unit districts and 63 non-unit districts.

To ensure the program's national focus, the Deputy Attorney General's
implementing memorandum provided for the Specialist to service non-unit
districts as follows:

"...all districts will essentially be included within a region serviced
by a Criminal Division Economic Crime Enforcement Specialist... [who]
will provide an intelligence source for the United States Attorney and
personnel in handling economic crime matters, and provide guidance for
drafting indictments and motions. When performing services for the
non-unit offices, the Specialist or any other Criminal Division Attorney
will report only to the Criminal Division and the United States Attorney
for that non-unit district. The handling of each district's economic

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