Description

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 new chapter covers the extraterritorial application of white-collar statutes and issues raised by international internal investigations, evidence gathering abroad, and extradition. Among other changes, this revision also addresses important decisions in many areas (e.g., mens rea: Elonis; sentencing: Alleyne and Southern Union; obstruction: Bonds and Yates; bank fraud: Loughrin; corruption: Sekhar; securities fraud: Newman; and representation: Frye and Lafler). New DOJ policies regarding Brady and the charging of individuals in corporate cases are discussed and additional attention is given to deferred prosecution agreements.