Case management in complex fraud trials: actors and strategies in achieving procedural efficiency

Abstract

Trials of complex fraud cases have raised numerous contentious issues in terms of procedural fairness and public resources expenditure. This paper examines the management of complex fraud trials through the lens of managerialism in the criminal justice system, analysing its effects upon procedural efficiency of the trial. The paper draws on qualitative data gathered from observations of insider dealing trials, and interviews with prosecuting and defence lawyers and a trial judge. The findings reveal that, in practice, although dangers to procedural efficiency are constantly present throughout the trial, its successful management depends on a combination of factors vested in the actors involved and the strategies used. Whilst the increased efficiency of the trials is a reflection of managerial approaches in case management, this does not necessarily indicate a negative development in the area of the control of business misconduct, and managerialism may not be necessarily entirely undesirable in the criminal justice system.

Analiza razloga koji uzrokuju neopravdana odugovlačenja u sudskim postupcima u složenim kaznenim predmetima

“…Calvert-Smi- slučaja i u kojem je nadležni sud ispravno razlučio nedužnost od krivnje optuženika te kod potonje izrekao zakonsku kaznenu sankciju". 12 Hrvatsko pravo poznaje sredstva za zaštitu prava na suđenje u razumnom roku 13 koja doista imaju određeni potencijal utjecanja na skraćivanje trajanja sudskih postupaka, pa stoga i, a maiori ad minus, kaznenih postupaka u složenim predmetima. 14 Ovo se istraživanje uhvatilo u koštac s utvrđivanjem razloga koji uzrokuju neopravdana odugovlačenja u sudskim postupcima, a navedena su sredstva tek izvanredne mjere u slučaju da postupak, ili koji njegov stadij, traju nerazumno dugo.…”

Getting people thinking and talking: An exploration of the Attorney General’s 2020 guidelines on disclosure

“…Court involvement in trial management has greatly extended in the last 30 years, leading to some describing the current system as 'managerial', rather than 'adversarial' (Jordanoska, 2017;McEwan, 2011McEwan, , 2013. Since the introduction of the Criminal Procedure Rules, judges are tasked with proactive management of trial processes and timetables.…”

Performing unbelonging in court. Observations from a transnational corporate bribery trial—a dramaturgical approach

“…She observed legal tactics and staged performances during the trial that provide insights into the embodied nature of the law in this particular high-profile court case. Based on data gathered from observations of criminal trials focused on insider-trading and market manipulation, as well as interviews with prosecuting and defense lawyers and a trial judge, Jordanoska (2017)has analyzed the efficient management of complex fraud cases. This requires judges to actively manage the trial as well as a cooperative attitude on the part of prosecutors and the defense, which thus affects the interactions between the actors in the court.…”

“…While the scapegoating shifted the blame from the corporation to a few individuals (Bachmann et al, 2015(Bachmann et al, , p. 1129, the process of blaming a few selected individuals also constitutes part of the logic of these criminal proceedings. It is difficult to imagine a court hearing in which everyone involved in the decision-making process and implementation of a business deal like Telia's in Uzbekistan could be prosecuted (see Jordanoska, 2017 on presenting manageble cases). During the trial the company lawyer's defense counsel repeatedly referred to a long list of people who had been involved in the business deals.…”

“…This argument continued throughout the trial. In addition, thousands of pages of material and e-mails are significative of white-collar crime cases (Burns & Meitl, 2020;Jordanoska, 2017). The framing of the case as complex, and a focus on the immense scope of the material in the case, was repeatedly presented as a criticism of the prosecutors' investigation.…”