White Collar Crime (LAW-749-001)
Although this course does not fulfill the Upper-Level Writing Requirement, the professor is willing to consider supervising independent studies with a limited number of students to satisfy the requirement. Assessment:In-class exam, multiple-choice questions.In-class exam, true/false questions. In-class exam, open book. In-class exam, closed book. Take-home exam, multiple choice questions. In-class Project(s). Out-of-class Projects. Class participation.
An examination of the substantive law of white collar crime, as well as the practice, procedure, and strategy concerning federal white collar criminal investigations and prosecutions. Topics include the definition of and theory behind white collar crime; investigative techniques used to combat white collar crime; grand jury law and practice; prosecutorial discretion; plea bargaining; internal investigations; grants of immunity; self-incrimination; charging decisions and drafting of indictments; sentencing and the goals of punishment; and substantive law topics including conspiracy, mail and wire fraud, bribery and public corruption, false statements, perjury, obstruction of justice, computer and Internet fraud, FCPA, RICO, and money laundering. ~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~* In addition to learning the substantive law, we will focus on the practical skills required to be an effective white collar crime practitioner. We will discuss the theory and background of the U.S. Sentencing Guidelines in some detail, and then spend time learning how to apply the Guidelines in white collar cases. Later in the semester, we will discuss witness interviewing techniques and in class conduct a witness interview in a fictitious white collar investigation. We will have guest speakers during the semester. Final grades will be based on the results of the Mid-Term and End of Term Exams, in-class and take home. Exams are discussed further in the Syllabus.
Textbooks and Other Materials
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White Collar Crime is a vibrant and ever-demanding practice area. It involves people, some cross the line involuntarily, others are fully aware and aggressively seek manner, means, and methods to carry out their illegal conduct. It is my view that a textbook on white collar crime can be helpful, as can information from other sources. Reference material and links to readings will be provided. However, I expect you to seek out and study on your own time additional sources relevant to the topics of a particular class session. TEXTBOOK: FEDERAL WHITE COLLAR CRIME CASES AND MATERIALS (American Casebook Series), 6th Edition, by Julie O’Sullivan (Author) IBSN: 978-1-63459-633-6
First Class Readings
First Class: Textbook Chpt 1 pages 1-9, 28-42, Chpt 21 pages 1067-1130, Second Class: Textbook Chpt 2 pages 57-104, Chpt 3 pages 109-144, Third Class: Textbook Chpt 4 5 pages 265-328, Chpt 6 pages 331-387, Fourth Class: Be prepared to discuss the McDonnell case at https://drive.google.com/file/d/0B0YstY-aQ6DdSi0ybnItbTJjRnM/view?usp=sharing and, https://drive.google.com/file/d/0B0YstY-aQ6DdbjdfbWM5S05Tb0U/view?usp=sharing . Attached syllabus will be updated prior to the first class and as needed during the course.
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