Section Description Provided by Instructor
Some of the most important, interesting and challenging problems in white collar criminal prosecution and defense occur when criminal activity affects the interests of more than one country. From U.S. Attorney’s offices to white-collar groups at major law firms to overseas law firms and prosecutorial offices and policy makers – all are increasingly confronted by issues raised by cross-border criminal investigations.
Economic globalization has led to a striking increase in the amount and sophistication of criminal activity that crosses borders, which in turn has led to evolving responses by law enforcement authorities. This includes increased reliance on traditional procedures such as extradition and treaty-based information sharing, but also to tactics that address new and rapidly changing problems such as cyber-crime. The practical and legal limits of a sovereign’s powers to fight crime that takes place in part outside its territory, conflicts among criminal procedure regimes in different countries, the phenomena of multi-jurisdictional investigations and of the “deterritorialization of data,” and the evolving utility of international agreements and organizations are critically important.
This course will address the conceptual and practical challenges raised by cross-border white collar investigations. It will first review some of the substantive criminal laws that lead to such investigations, including international tax evasion, bribery, cyber crime, and money laundering. It will then address principles of extraterritoriality and the practical effect of these principles on national efforts to fight international crime. It will cover current developments in classic procedures such as extradition and international evidence searches, the challenge posed by national regimes to protect privacy, and problems posed by conflicting criminal procedure regimes. It concludes with a review of the cross-border investigative practices of international criminal instituions such as the International Criminal Court and of recourse to international organizations such as Interpol.
The course will use International White Collar Crime: Cases and Materials (2015) as its principal source, which will be supplemented with recent texts and decisions from US and other courts. It will be of value to students interested in criminal prosecution or defense, and in international relations generally.
The grade will be based on a short (3-5 page) paper and a take-home exam.