جستجو
   
    Delicious RSS ارسال به دوستان خروجی متنی
    کد خبر : 27484
    تاریخ انتشار : 31 اردیبهشت 1392 11:24
    تعداد بازدید : 695

    Legislators must toughen N.Y.s white-collar laws: DA Vance

    Last fall, the district attorneys association convened a task force to study ways to modernize the states anti-fraud and anti-corruption laws.

    New York state's legislators must do more to strengthen the state's archaic fraud laws if prosecutors are to keep up with the evolving nature of white-collar crime, Manhattan District Attorney Cyrus Vance said on Monday.

    Vance, president of the state's district attorneys association, said New York's financial crime laws were hopelessly outdated, even as their federal equivalents have been frequently revised by congressional legislation in the wake of massive scandals like the savings and loan cases, the Enron Corp collapse and the housing market crisis.

    "Let me say bluntly: We are fighting with 1970s-era tools," Vance said during a speech at a white-collar crime conference hosted by the New York City Bar Association.

    Last fall, the district attorneys association convened a task force to study ways to modernize the state's anti-fraud and anti-corruption laws.

    The group is expected to make several recommendations to the legislature this summer, and Vance highlighted a few of the more notable proposals on Monday:

    * Increasing penalties for large-scale fraud under the state's "scheme to defraud" statute. The law currently applies the same penalty no matter how much money is obtained through the fraud, whether $2,000 or $2 billion, Vance said.)

    * Expanding the crime of larceny to encompass computer code and other digital information. (In its current form, the larceny statute is virtually helpless to deal with the theft of intangible property, such as computer code, Vance said.

    * Eliminating a loophole in the public bribery law. New York's public bribery statute calls for an "agreement or understanding" between the giver and the recipient, an element not present in other bribery statutes such as for sports or labor bribery, which only require an "intent to influence" by the briber and are thus easier to prosecute.

    * Broadening the records that can be presented to a grand jury without a live witness. Under state law, grand juries cannot consider many business records unless a witness authenticates them in person, forcing prosecutors to fly, say, a Yahoo representative to New York in order to use out-of-state Yahoo records in a criminal case, Vance said.

    The legislature has occasionally enacted a handful of what Vance called "boutique" statutes aimed at solving particular problems, but they are typically drawn too narrowly to be effective, he said.

    For example, the state created a "residential mortgage fraud" statute in 2008 at the height of the financial crisis. That crime has been charged a total of 35 times since then, mostly in Long Island. The crime of "life settlement fraud," also approved in 2008, has never been prosecuted.

    "These are political winners, but they don't address the bigger substantive problem," Vance said.

     

    © Thomson Reuters


    نظر شما



    نمایش غیر عمومی
    تصویر امنیتی :
تعداد بازدید کنندگان کل :
تا کنون :
27698147
اکنون :
42