When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not concern bank robberies and kidnappings, where the misprision cases are to be found. This article is intended to provide a familiarity which may come to be needed.
Robert J. Hoerner,
Misprision of Antitrust Felony,
28 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol28/iss4/3