This course prepares the student to enter the world of corporate criminal defense and prosecution upon graduation. It covers the commonly used Title 18 offenses, such as mail fraud, wire fraud, false statements and obstruction of justice. It also addresses RICO and Sherman Act (antitrust) violations. Recent prosecutions will be dissected and discussed for their many implications going forward. The course will also discuss how federal crimes are investigated with an emphasis on the federal grand jury process from start to finish, focusing on relevant statutes, the grand jury's processes and it's taking of testimony. Search warrants and other investigative techniques such as wire taps and informants and consensual monitoring will be discussed. Practical implications of the 5th Amendment and its invocation will be explored.
Also covered will be the concepts of corporate criminal responsibility and the nuances and psychology essential to 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.