This casebook covers the theory and practice of domestic and transnational federal white-collar criminal investigations and prosecutions. It includes extensive coverage of the most commonly charged crimes, including perjury, false statements, false claims, obstruction of justice, mail, wire, bank, and securities fraud, public corruption, insider trading, conspiracy, the Racketeer Influenced and Corrupt Organizations Act (RICO), and money laundering. Chapters focus on essential issues of mens rea, entity liability, and individual and organizational sentencing. It also tackles procedural issues critical to white-collar practice, such as grand jury, discovery, the attorney-client privilege, Fifth Amendment issues, parallel proceedings, and more. Given the increasingly transnational nature of the practice, a final chapter covers the extraterritorial application of white-collar statutes and issues raised by international internal investigations, evidence gathering abroad, and extradition.
Among other changes, the Seventh edition addresses important decisions and changes in many areas (e.g., Entity Liability: updated Principles of Federal Prosecution of Business Organizations and discussion of cases on judicial review of DPAs; Fraud and Corruption: McDonnell v. United States; Corruption: United States v. Ocasio and United States v. Taylor, and DOJ’s new FCPA Corporate Enforcement Policy; Securities: Salman v. United States; RICO: forfeiture cases; Fifth Amendment and Transnational Practice: United States v. Allen; Plea Bargaining: Lt. Gen. Michael Flynn’s plea agreement; Transnational Practice: revised discussion of extraterritorial application of U.S. statutes and added notes on national differences regarding privilege rules, corporate criminal liability standards, and ethics rules.
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