S. Corporate Criminal Enforcement & Defense

The investigation and prosecution of corporate misconduct continues to be an increasing and high-profile focus of federal prosecutors. But corporate liability is not always well understood and is hotly debated. This course explores the history and basis for corporate criminal prosecutions and the issues that arise in corporate representations, with attention to conducting and defending corporate investigations. We will begin with the legal bases for corporate criminal liability, the evolution of Department of Justice policies related to charging corporations, and the legal, ethical, and strategic challenges that prosecutors and white-collar criminal defense lawyers face. We will examine the stages of investigations and prosecutions of corporate misconduct, including fact development (through internal investigations and other means); grand jury practice; strategic considerations related to charging and non-charging decisions; the interplay between individual and corporate privileges; the tension between individual and corporate representations; plea and trial strategies; the relationship between individual and corporate sentencing; and parallel civil proceedings.
Students will come away with an understanding of the legal, ethical, and strategic considerations involved in the investigation and litigation of corporate misconduct.