New ways of thinking about old crimes: Prosecuting corruption and organized criminal groups engaged in labor-management racketeering

Author： Toner Gerald A.

Publisher： Emerald Group Publishing Ltd

ISSN： 1359-0790

Source： Journal of Financial Crime, Vol.16, Iss.1, 2009-01, pp. : 41-59

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Abstract

Purpose - The objective of the paper is to describe how criminal prosecutors in the USA have expanded the reach of federal statutes punishing fraud and extortion to combat the influence of organized criminal groups in certain American labor unions and employee benefit plans from 1980 to 2006. Design/methodology/approach - The paper reviews newspaper accounts and published judicial decisions to explain how prosecutors have used fraud and extortion offenses in novel ways on a case-by-case basis to prosecute labor-management corruption in the USA. Findings - Although the American federal prosecutor's arsenal is limited to statutory crimes, prosecutors are continually evolving new means of addressing corruption on a case-specific basis in the best tradition of Anglo-American common law. By diligently persuading trial judges, appellate courts, and the US Congress of the merit of looking at fraud and extortion in new ways, federal prosecutors have carried out the intent of the statutory laws which Congress enacted to deal with corruption in government, business, and labor unions. Practical implications - The federal criminal offense of "honest service fraud," which was codified by Congress only following successful criminal prosecutions of public and private corruption, will continue to be used to address corruption on the part of persons holding fiduciary duties toward union members and employee pension and health benefit plan participants as the American retired population increases and the national government assumes greater oversight of employee health care. Originality/value - The paper encourages the reader, especially those in law enforcement, to think creatively about the scope of existing criminal statutes while reviewing or enforcing their application to all forms of organizational corruption.