White Collar Crime (LAW-749-001)
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The course will examine the “white collar” criminal offenses most frequently charged in the federal system and the procedures and methodology employed in the investigation, prosecution and defense of white collar cases. Individual units of study will include (a) the definition and theories of white collar crime; (b) the roles of the prosecutor, government investigator and defense counsel; (c) basic investigative mechanisms with a focus on grand jury practice and procedure; (d) the Upjohn doctrine and corporate attorney-client privilege in criminal cases, (e) the charging decision and prosecutorial discretion; (f) the structure of indictments in white collar cases and common deficiencies in charging documents; (g) plea negotiation and practical considerations in reaching negotiated pleas; (h) the Fifth Amendment and immunity; (i) the role of the lawyer as internal corporate investigator and issues of professional responsibility; (j) the joint defense privilege, the attorney-work product doctrine and related legal principles commonly encountered in white collar cases; and (k) the sentencing process as it relates to white collar defendants and the role of the U.S. Sentencing Guidelines after United States v. Booker.
Substantive areas of federal white collar criminal law to be examined will be grouped into (i) the theory and application of the offense of conspiracy, (ii) the principal economic crimes (mail and wire fraud, money laundering, and the major bank fraud offenses), (iii) crimes affecting the function of government (bribery, gratuity, public corruption, and offenses involving classified information), (iv) offenses that impair the function of the judicial system (perjury, false statement, obstruction of justice) and (v) the developing areas of cyber-crime and related Internet offenses. We will also address the mechanics of internal corporate investigations including the preservation and collection of documentary evidence, witness interview techniques, corporate criminal liability and current Department of Justice protocols governing the investigation and prosecution of individuals versus organizations. Guest speakers will include a panel of individual citizens who have been immunized, negotiated plea agreements and who have taken their case to trial as well as selected Department of Justice lawyers.
Final grades will be based on:
Indictment Preparation Problem Set: 15% Motion to Dismiss Problem Set: 15% Class Participation: 10% Final Examination 60%
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.
J. Kelly Strader, et al. “White Collar Crime: Cases, Materials, and Problems” (ISBN 9780769898001) LexisNexis. Third Edition (2015).
U.S. Attorney’s Manual (https://www.justice.gov/usam/united-states-attorneys-manual).
U.S. Criminal Code (Title 18, United States Code)
First Class Readings
J. Kelly Strader, Understanding White Collar Crime. ISBN-10: 0769898009 LEXISNEXIS. Third edition (August 7, 2015)
U.S. Criminal Code (public document available on-line) United States Sentencing Guidelines (public document available on-line) U.S. Attorney’s Manual (public document available on-line)
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