Both
the Utah House and the Utah Senate recently passed the “White Collar Crime
Offender Registry,” and the measure appears to be the first of its type in the
United States. Just the name of the legislation brings to mind other types of
registries—a sex offender registry, for example. Might that similar function
have been sought by the Utah legislature in passing the White Collar Crime
Offender Registry? In other words, in addition to seeking to prevent future
white-collar crimes and to alert potential victims to be wary of those named on
the registry, it seems as though the Utah legislature is communicating, at
least in part, that the names of convicted white-collar perpetrators—including corporate
executives, attorneys, accountants, and other financial services professionals—should
be highlighted in a public register, despite the power, privilege, and/or
affluence they might otherwise have possessed in the community?
Moving
to Utah’s White Collar Crime Offender Registry itself (Utah H.B. 378), offenses
under the Utah Code that are considered “registerable” include: money
laundering; mortgage fraud; securities fraud; unlawful dealing of property by a
fiduciary; fraudulent insurance; theft by deception; and communications fraud.
Notably, the Utah attorney general is authorized to develop, operate, and
maintain the Utah White Collar Crime Offender Registry website and to provide
the manner and process by which information is disseminated to the public,
including the type of information that will be provided. Moreover, the Utah
attorney general has rulemaking authority to implement the Registry.
Further,
the legislation contains provisions addressing the duration of time offenders
must remain on the Registry, and sets forth procedures by which an offender may
be removed from the Registry.
The
White Collar Crime Offender Registry was chiefly sponsored by Mike K. McKell in
the Utah House and was co-sponsored by Curtis S. Bramble of the Utah Senate.
Now that the legislation has passed both state chambers, Utah Governor Gary
Herbert is expected to sign it soon. A statement
by a spokesperson for Herbert indicates
that the Governor supports the Registry.
Assuming
the legislation is enacted, some additional queries come to mind. For example,
will the Registry be effective as a deterrent to prevent future white-collar crimes? Will
other states follow Utah’s lead and produce their own white-collar crime offender registries? Stay tuned.
