This course prepares the student to enter the world of corporate criminal defense and prosecution upon graduation. Substantively, it will cover Title 18 offenses (mail fraud, wire fraud, false statements), Rico and Sherman Act violations. It will provide the student with a clear sense of the scope of those statutes and their application in corporate prosecutions. Recent prosecutions will be dissected and discussed for their many implications going forward. The course will also discuss the entire federal grand process from start to finish, focusing on its statutes, its processes and its taking of testimony. Also covered will be the nuances and psychology essential to understanding the representation of publicly held companies and their executives.
Internal Investigations will be covered as well. That process has become a standard vehicle for companies accused of fraud, both criminal and civil. The student will be taken through internal investigations and grand juries in mock sessions, where they will perform as both defense counsel and prosecutors. The 4th and 5th and 6th Amendments will be covered as they relates to the corporate criminal process.
Search warrants and other investigative techniques such as wire taps and informants and consensual monitoring will be discussed.