White Collar Crime (S)

LAW JD 854

Purpose of the Course: to teach present-day "white collar crime" practice, including the elements of principal federal and state statutes and the special procedures followed by prosecutors and private attorneys. Ethical obligations will be emphasized. The course will begin by reviewing the historical roots and theoretical bases of modern "white collar crime" prosecution and end with a review of significant recent cases and consideration of whether current "white collar crime" practice is achieving its intended purposes. Upon successful completion of the course, students will be as conversant as first-year attorneys with the statutes, procedures, and methods of issue analysis employed by prosecutors and private lawyers in day-to-day "white collar crime" practice. Each student will be required to write two research papers of 15 pages each, applying state and federal statutes and policies to a hypothetical fact situation. In one paper, the student will address the situation from the prosecution side; in the other, the student will look at the same situation from the point of view of a private attorney. Class discussion will focus on the material elements of the most frequently used federal and state criminal statutes, DOJ prosecution guidelines, and the day-to-day realities of investigating, prosecuting and defending claims of white collar crime violations. PREREQUISITE: Students should be familiar with criminal law and procedure and Constitutional law before taking this course. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.