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, Racketeer Influenced and Corrupt Organizations (RICO) Act, and money laundering. It then tackles procedural issues critical to white-collar practice such as 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. The materials emphasize ethical issues facing criminal law practitioners. This revision covers the updated corporate charging policy, the Stein decision, and other areas (honest services fraud, RICO, etc.) that have seen a great deal of litigation in the last 2 years.
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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 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 government's grand jury gratuities Hobbs Act honest services illegal indictment individual insider trading intent investigation involved issue judge Justice knowingly legislative mail fraud means misappropriation money laundering obstruction offense organization payments person petitioner prohibition prosecution prosecutors public official punishment purpose question racketeering activity reasonable regulation relevant requirement respondeat superior responsible RICO rule scheme securities Sentencing Guidelines Sixth Amendment specific statutory supra note Supreme Court theory trading transaction trial United unlawful activity vicarious liability violation White Collar Crime white-collar wire fraud WorldCom