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Beskrivelse
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. The casebook 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 final chapter covers the extraterritorial application of white-collar statutes and issues raised by international internal investigations, evidence gathering abroad, and extradition.
Among other changes, the Eighth Edition addresses important decisions and changes in many areas, such as: Introduction: querying whether white-collar criminals are "privileged"; Mens Rea: added discussion of Rehaif v. United States, problems, and a background section designed to make the materials easier for students to understand; Entity Liability: updated Principles of Federal Prosecution of Business Organizations and discussed the evolution of relevant DOJ policies; False Statements: added a note regarding the DOJ's position on materiality in the context of § 1001 in the Flynn case; Obstruction: added notes, and a problem, regarding various theories of obstruction addressed to former President Trump's activities; Fraud and Corruption: added a note regarding Kelly v. United States and referenced Blaszczak v. United States; Corruption: added FCPA problems; Securities: added additional discussion of the status of the personal benefit requirement and included a discussion of Blaszczak; Money Laundering: added notes and text regarding the Anti-Money Laundering Act of 2020 and a new subsection under emerging threats to reproduce FinCEN's advisory on cryptocurrency; Fifth Amendment: included a note regarding United States v. Connolly; Plea Bargaining: added AG Garland's charging policy; Transnational Practice: updated the reading on transnational corporate investigations and prosecutions.
