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objectives. Some Specialists had received instructions not to do any case

work for their first six months within the OUSA.

In general, this limitation

was viewed as beneficial because it allowed time for the Specialist to com

plete his first six months' objective, the District Report, and for the U.S.

Attorney to become accustomed to having a non-line prosecutor in his office.

That the Speciaist would be involved in some prosecutorial activity is implied

in the Attoney General Order by designating the Specialist as a Special AUSA.

In the seven units surveyed, the amount of prosecution and direct case-related activity performed by the Specialist varied, but there was a general consensus among the Specialists that they should be involved in case prosecution. The

difference that emerged was the extent of that involvement.

Factors supporting

a Specialist's involvement in the litigation of white-collar crime cases

include the following facts:

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that the Specialist is an attorney, operating in an OUSA, where the

major emphasis is on prosecution. To maintain his credibility with his co-workers (the AUSAs) and the investigative agencies, his proficiency, and his interest in the program, he must do some prosecutive

work;

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that one of the program's objectives is to provide a continuity to the joint investigative-prosecutive effort. If the Specialist is to provide that continuity, working through the case development process, he

should prosecute the case in order to achieve this objective and assure

continued participation in the program by the investigative agencies;

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that the Specialist may have a particular expertise which would
dictate his prosecuting a particular case; and/or

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that the OUSAs resources may be limited at a particular time, and a

case may require immediate attention, so that the Specialist should

assist on an as-needed basis.

Balancing these considerations are:

(1) the need for the Specialist to

provide a continuing emphasis on the coordinative, advisory, and monitoring aspects of prosecutorial activities, and (2) the recognition that he is a

CRM employee in the OUSA, to further the ECE program, not an AUSA there

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That there is a need to better define the functions of the Specialist

with respect to: the selection, assignment and continuing oversight
of white-collar crime cases; the development of targeted investigations

involving two or more investigative agencies; and the prosecution of

white-collar criminal cases.

Recommendations

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That CRM specifically define the function of the Specialist in the

selection, assignment and continuing oversight of white-collar crime

cases;

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That each OUSA establish a formal procedure which allows the Specialist the opportunity to participate in the review process of white-collar

crime cases;

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That CRM define the Specialist's role in developing target investiga-
tions involving two or more investigative agencies; and
That the Specialist be given a definite, but limited role in the

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prosecution of white-collar crime cases.

CONCLUSION

This study of the ECE program was essentially process-oriented, focusing

attention on the initial implementation of the program, since it was deter

mined that a formal program evaluation would be appropriate only after the

ECE units had implemented the program's second year objectives, including the prosecution of major, complex white-collar crime cases.

While reporting on the program organization, operation and achievements, the

study identified some of the significant program events or phenomena which

operate within the conceptual framework of the program, identified the net

work of actors and groups interacting within the system and the impact the

interaction and interrelationship of these groups is intended to have upon

program goals.

While this study concludes that the program has implemented a process which

can effectively address the problem of white-collar crime, it will be necessary

for a formal evaluation study to be conducted in order to define and scale

the level of effectiveness of the ECE program.

The broad aims of the program,

the emphasis on the qualitative aspects of developing prosecutable cases, and the variability of program operations among the established units create a challenge for CRM in developing an adequate research design to evaluate

this program. Evaluation of the effectiveness of the program will need to

be viewed not only in terms of process, but also in terms of impact, because

the changes and innovations that the program introduces into the OUSA have a

direct consequential impact upon the utilization and efficiency of the inves

tigative and prosecutive system. Hence, it would be desirable for the evalua

tion to focus on the achievement of unit goals and mean objectives, the

coordination of the program subgroups, the acquisition and maintenance of

necessary program resources, and the adaptation of the program to the environ

ment in which it operates. While there are many approaches to an evaluation

of this type of program, it is proposed that CRM consider the case study approach as an appropriate model for developing an evaluation design. Such an approach would evaluate a small number of units (each unit comprising a case) as a basis for generalizing about all units. Such a study would describe

the prosecutorial system before the establishment of the ECE units, the

process adopted by the new unit, the new prosecutorial system which the unit

incorporates as a constitutuent part of the OUSA and the impact this has

upon the program's goal

the prevention and prosecution of white-collar

crime offenders. Thus, the study team concludes that the program is a promising

approach to the challenge of white-collar crime enforcement. It is recommended

therefore, that CRM now initiate the development of an evaluation design for the ECE program and establish an appropriate date for conducting the evaluation

of the ECE program, so that, as the program develops, data necessary to a

proper evaluation can be maintained.

APPENDIX I

GLOSSARY OF TERMS

ECONOMIC CRIME

Economic crime is used synonymously with white-collar crime.

PUBLIC OR
OFFICIAL CORRUPTION

PROACTIVE

Misuse in, or misuse of, office by public officials
who hold positions of responsibility or trust.
In contrast to the traditional investigative approach,
this implies that the investigative agency actively
seeks to identify and detect criminal activity through
such methods as undercover operations or the use of
informants.
In the content of investigative procedures, this implies
the traditional law enforcement approach, where matters
are investigated only after someone makes or files a
complaint or allegation of criminal activity.

REACTIVE

WHITE-COLLAR CRIME - "White-collar offenses shall constitute those classes

of non-violent illegal activities which principally
involve traditional notions of deceit, deception, con-
cealment, manipulation, breach of trust, subterfuge
or illegal circumvention." (Interim Report of the
Attorney General's White-Collar Crime Committee,
January 1977, page 6)

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