White Collar Crime (LAW-749-001)
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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; grants of immunity, entrapment, privileges, and other common defenses; 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, 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. Students will be required to complete a Sentencing Guidelines exercise (10% of the final grade) and draft a witness interview memo following our in-class interview (20% of the final grade). We will have at least two guest speakers during the semester. One is an Assistant United States Attorney who will discuss the grand jury process and prosecutorial discretion. The other is a former Chief Financial Officer of a major corporation who pled guilty to white collar crime violations and now lectures about how to detect financial fraud in corporations. Final grades will be based on the following: • Sentencing Guidelines exercise – 10% • Interview memo – 20% • Class participation – 25% • Open universe, in-class, three-hour final exam – 45%
Textbooks and Other Materials
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J. Kelly Strader and Sandra D. Jordan, White Collar Crime: Cases, Materials and Problems (2nd edition) J. Kelly Strader and Sandra D. Jordan, White Collar Crime: Cases, Materials and Problems: Document Supplement (2nd edition)
First Class Readings
Tuesday, January 10th: Course Overview; Definition and Characteristics of White Collar Criminal Practice - Chapter 1 (pp. 1- 14) Thursday, January 12: Principles of Corporate and Individual Liability - Chapter 2 (pp. 15-50)
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