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Johnstone, Peter (1999) The investigation of white collar crime in England and Wales and France: a comparative study. Doctoral thesis, London Guildhall University.
The investigation of white collar crime in England & Wales has traditionally been conducted by the police. As the need for specialisation has increased the police forces have responded with the formation of fraud squads. These departments comprise of detective officers who have been trained to gather evidence where the criminal offender is operating within the financial and business sectors. Ten years ago the UK government supported the introduction of the Serious Fraud Office who are authorised to investigate and prosecute the most serious cases of white collar crime. The power vested in the SFO has caused considerable concern over the years and cases have been brought before the European Court of Human Rights where the authority to demand answers to questions has been challenged as an abrogation of the fundamental principal that a person cannot be forced to incriminate themselves. In France white collar crimes are investigated by a professional judge. The role of this magistrate has been criticised as they have a considerable power to control the contents of the file of evidence and also, they are allowed to decide on the liberty of the suspect before trial. To many commentators this power is in direct conflict with the ability of the magistrate to remain impartial. White collar criminals have identified an emerging financial market within the European Community and they are aware of the differences that exist in methods and procedures in England & Wales and France. These differences provide fertile territory within which the fraudster can gain. This thesis investigates the differences that exist in respect of the investigation and prosecution of white collar crime in both countries, it then discusses the future role that investigators and regulators will have to perform, if they are to effectively deter and prevent greater criminal activity within individual and cross border jurisdictions.
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