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Fall 2020 Course

Complex Federal Investigations

Prerequisites: None

Exam Type: No Exam

This course will examine many of the problems and issues that arise during federal criminal investigations of complex entities — including both organized crime groups and legal corporations. Topics include the legal and practical investigative powers of the federal grand jury; the investigative use of legal tools such as immunity, contempt and perjury statutes; electronic surveillance methods including “bugs,” “wiretaps” and more recent technology; the use of plea- and cooperation-bargaining agreements to advance investigations; the role of professional responsibility rules, including those governing investigative contacts with persons represented by counsel; and the various ways such investigations can intrude upon the attorney-client relationship (including through attorney subpoenas and disqualification). We will also discuss specific types of complex investigations including the use of the RICO Act in organized crime investigations; the leveraging of the attorney-client privilege in investigations of legal corporations; and the unique challenges of national security and transnational investigations.