This class provides an overview of the theory, substance and practice of white collar litigation in the criminal arena. It begins with a survey of the basic principles and theories underlying this area of law, including the principles that allow corporate liability for the actions of individuals and individual liability for corporate actions. It addresses substantive areas of white collar criminal liability, examining the elements and issues of the most common regulatory schemes encountered in the interface between corporations and criminal law. Criminal offenses addressed include mail and wire fraud, money laundering, RICO, and environmental and other regulatory offenses. The course then turns to the practice of white collar defense and prosecution, looking at discovery, plea negotiation and trial challenges unique to allegations of corporate criminal activity. It examines federal laws, sentencing regulations, and Supreme Court pronouncements that control punishment for common white collar offenses. Finally, the course considers overarching policy questions, looking at the role of federal courts in the imposition of criminal liability, and the consequences of overlapping state and federal jurisdiction over public corruption and other white collar offenses.
Class participation is important, both quality and quantity, with quality counting more than quantity.
Prerequisite(s): Criminal law is required. Evidence, Criminal Procedure, Criminal Law - Sanctions, Constitutional Law - Liberties and Constitutional Law - Powers will enhance understanding of the subject matter, but are not required.
Taught by: Mark Larsen
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