Course | Columbia Law School

This seminar will focus on contemporary issues in the federal prosecution of white collar crime, with special attention to crimes committed within corporations and other large organizations. The initial focus will be on the substantive law and the primary federal statutes: mail and wire fraud, the Hobbs Acts, the federal securities laws, RICO, the False Statements Act, and the Foreign Corrupt Practices Act.

A second focus will be on the scope of prosecutorial discretion: How much latitude does (and should) the federal prosecutor have to determine whether dubious, unethical, or simply surreptitious conduct is also illegal? Recent attempts by various Circuit Courts of Appeals to limit broader theories that criminalize breaches of fiduciary duty will be considered.

A final focus will be on process. Here, the recent policy statements of the Department of Justice concerning deferred prosecution agreements and credit for cooperation will receive special attention, as will the unique procedural issues that arise in this context, such as simultaneous civil and criminal proceedings, cooperation between civil and criminal enforcers, and the impact of the sentencing guidelines. Focusing on the "real world" of white collar criminal prosecutions, this course will regularly read and analyze current indictments, motions, pleadings, and other litigation documents, in addition to appellate decisions.