White Collar Crime (LAW-749-001)
First Class Assignments: Complete introductory survey, available at https://www.surveymonkey.com/s/WCCSpring2015. Please complete the survey even if you are waitlisted for the course. Join the class Facebook group at https://www.facebook.com/groups/347249812114895/ or search AU WCL WCC Spring 2015. The reading assignments for the first class are available on MyWCL. For those of you on the wait list who do not have access to the class site on MyWCL, you can access the three reading assignments at the three links below: https://drive.google.com/file/d/0B0YstY-aQ6DdSi0ybnItbTJjRnM/view?usp=sharing https://drive.google.com/file/d/0B0YstY-aQ6DddzFFeHdxaGVxdlU/view?usp=sharing https://drive.google.com/file/d/0B0YstY-aQ6DdbjdfbWM5S05Tb0U/view?usp=sharing
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, 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 several guest speakers during the semester including representatives from the U.S. Department of Justice and the U.S. Sentencing Commission and a former SEC attorney who litigates securities fraud cases. Final grades will be based on the following: • Sentencing Guidelines Exercise – 30% • Witness Interview Questioning Outline (group project) – 10% • Witness Interview Memo – 50% • Class Participation – 10%
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
First Class Readings
Syllabus ELLEN PODGOR, ET AL., WHITE COLLAR CRIME (2013), pp. 1-13 (top), 15 (Bottom) – 19 U.S. v. McDonnell - Indictment, pp. 1-32 Skim: U.S. v. McDonnell Docket Sheet – we will not be discussing the content of this in detail, but for now, I want you to gain experience reviewing a docket sheet to understand federal case filings.