This course examines the field of corporate crime from two perspectives: (1) the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers involved in potential criminal violations (and certain civil analogues); and (2) the continuing debate in the public policy and political realms over whether, why, how, and when the criminal law should be applied in the corporate and business context. This field is particularly large and complex. This 3-credit course therefore will cover only a selection of topics designed to expose students to how the field ultimately requires mastery of matters of substantive criminal law, criminal procedure, evidence law, attorney regulation and ethics, and public civil regulation. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud (including insider trading and accounting fraud), the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing. The grade will be based primarily on a 24-hour take home exam, with some weight also given to class participation. Depending on enrollment, a graded in-class presentation project may also be included in the course.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.