White Collar Criminal Law and Procedure
Fall term, Block I/J
T,W 5:00 PM - 7:00 PM
Mr. John Savarese
1 classroom credit LAW-48385A
Over the past five years, there has been a revolution in the government's approach to investigating and prosecuting white-collar crime. The government now devotes vastly greater resources, uses dramatically more aggressive and sophisticated investigative techniques, and relies on a heightened level of corporate cooperation to achieve its law-enforcement goals. This course will examine those developments and will focus on (1) the shift in government expectations and how that shift has been advanced by the U.S. Sentencing Commission, the Justice Department, state attorneys general, and other regulators; (2) the rapidly changing role of defense counsel representing individuals and corporations in criminal and regulatory matters; (3) the black-letter law of corporate criminal liability, and the challenges posed by this standard for companies in light of the collateral consequences of indictment; (4) the stresses on the attorney-client privilege and the right to effective assistance of counsel brought about by the government's new approach; and (5) very recent legislative and judicial questioning of the extent of this revolution and its impact on the criminal process.
This course meets for three weeks from September 29-October 14.