Prerequisites: None

Exam Type: In Class

White collar criminal prosecutions continue to be a significant focus for the Department of Justice, with some shifting in priorities and different approaches to corporate cooperation and individual accountability. At the same time, as prosecutors seek to apply traditional concepts of fraud to new and emerging technologies and evolving market realities, courts have been revising the legal framework applicable to white collar criminal prosecutions. These developments have led to an evolving legal landscape for prosecutors, outside defense counsel and in-house counsel working in the white collar area.

This course will examine the latest developments in the law and the evolving challenges facing criminal prosecutors and defense counsel practicing in white collar enforcement.  This course will cover: (1) the black-letter law of corporate criminal liability and the guidelines governing prosecutors’ decision-making in charging corporations; (2) recent developments in Department of Justice whistleblower and cooperation programs and policies; (3) ethical and legal dilemmas facing outside counsel and in-house counsel representing corporations in internal investigations and government prosecutions, including when multiple federal agencies are involved; (4) challenges facing lawyers representing individuals in the context of internal investigations and government prosecutions, including issues arising under the attorney client privilege and joint defense arrangements; (5) recent developments in various subject matter areas of white collar criminal law, including wire fraud, insider trading, and public corruption, with case studies in how these laws apply to emerging areas such as sports betting and prediction markets; and (6) sentencing in white collar cases. The course will also focus on pragmatic, strategic and procedural considerations that prosecutors and defense counsel face in white collar prosecutions and internal investigations. There will be guest speakers including judges, practitioners, and government personnel in white collar criminal law enforcement.