Federal White Collar Crime: Cases and Materials
This law school casebook addresses substantive and procedural areas of importance in white-collar criminal practice. The book covers a variety of substantive crimes, including perjury, false statements, false claims, obstruction of justice, mail and wire fraud, public corruption, insider trading, conspiracy, RICO, and money laundering. It then tackles procedural issues critical to white-collar practice: grand jury, discovery, the fifth amendment right against self-incrimination as applied to testimony and physical evidence, the attorney-client privilege, representation issues, plea bargaining and cooperation agreements, and parallel proceedings. Throughout, the materials emphasize ethical issues facing criminal law practitioners, and highlight the considerations that affect prosecutors' choices in pursuing and charging cases, and defense counsel's challenges in defending against such choices. The materials also cover, in discrete chapters, mens rea issues, entity liability, and the theory and practice of sentencing under the advisory (but still important) Federal Sentencing Guidelines for both individuals and organizations. This book differs from others in: its comprehensive coverage and thus the opportunity it affords professors to tailor the course to their own preferences in subject-matter; its balance between practical and theoretical issues; its use of materials from real cases (such as the Lewinsky prosecution, the Arthur Andersen case, and the like); its balance between substantive and procedural issues; and its detailed coverage of sentencing issues.
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B Recurring Themes in Examining Substantive Federal Law
Selecting Procedural Topics Relevant to WhiteCollar Crime
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action actus reus agents alleged apply Apprendi Attorney bribe bribery charged Circuit Commission committed conduct Congress conspiracy constitute conviction corporate corrupt corruptly counsel counts crime criminal law criminal liability culpability decision defendant defendant's defraud disclose disclosure district court duty element employees enforcement Enron enterprise evidence fact false statements FCPA federal criminal fiduciary fraud statute fraudulent funds government's grand jury gratuity Hobbs Act honest services illegal imposed indictment individual insider trading intent investigation involved issue judge jury instructions Justice knowingly legislative mail fraud means misappropriation money laundering obstruction offense organization payments perjury person petitioner prohibition prosecution prosecutors public official punishment purpose question racketeering activity reasonable regulation requirement responsible RICO rule sanctions scheme securities Sentencing Guidelines Sixth Amendment specific statutory strict liability supra note Supreme Court theory trading transaction trial Turkette United violation white-collar white-collar crime wire fraud WorldCom