O'Sullivan's Federal White Collar Crime: Cases and Materials, 9th
Description
This casebook covers the theory and practice of domestic and transnational federal white-collar criminal investigations and prosecutions. It includes extensive coverage of the most commonly charged crimes including perjury; false statements; false claims; obstruction of justice; mail, wire, bank, and securities fraud; public corruption; insider trading; conspiracy; the Racketeer Influenced and Corrupt Organizations Act (RICO); and money laundering. Chapters focus on essential issues of mens rea, entity liability, and individual and organizational sentencing. The casebook also tackles procedural issues critical to white-collar practice, such as grand jury, discovery, the attorney-client privilege, Fifth Amendment issues, parallel proceedings, and more. Given the increasingly transnational nature of the practice, a final chapter covers the extraterritorial application of white-collar statutes and issues raised by international internal investigations, evidence gathering abroad, and extradition.
Among other changes, the Ninth Edition addresses important decisions and changes in many areas, such as: Mens Rea: using the Supreme Court鈥檚 hierarchy of mens rea; Sentencing: adding discussion of the 鈥渮ero-point鈥� offender adjustment and the amendment regarding acquitted conduct; Entity Liability: updated the Principles of Federal Prosecution of Business Organizations and discussed the evolution of relevant DOJ policies; Obstruction: substantially reworked the chapter for clarity, added discussion of the Supreme Court鈥檚 decision in Fischer v. United States, the Jan. 6 obstruction cases, and the Special Counsel鈥檚 superseding indictment of former President Trump under 搂 1512(c)(2); Fraud: covered the outcome of the saga of Blaszczak v. United States, the Supreme Court鈥檚 rejection of the 鈥渞ight to control鈥� theory in Ciminelli v. United States, its decision in Percoco v. United States, and its grant of certiorari in United States v. Kousisis; Corruption: added discussion of the Supreme Court鈥檚 decision in Snyder v. United States, and the enactment of the Foreign Extortion Prevention Act, which authorizes prosecution of corrupt foreign officials; Securities: discussed the end of the Blaszczak saga and added notes on the amendments to the SEC鈥檚 Whistleblower Program; Conspiracy: added a note regarding former President Trump鈥檚 indictment under the defraud clause of 搂 371; Money Laundering: created a new section dealing with the temporal issues related to charging money laundering and added a discussion of prosecutors鈥� use of correspondent bank account transfers to justify extraterritorial jurisdiction; Grand Jury: expanded and clarified the discussion of Fourth Amendment standards and the Stored Communications Act and inserted information about DOJ鈥檚 ephemeral communications policy; Transnational Practice: included discussion of the Supreme Court鈥檚 latest extraterritoriality case, Abitron Austria GmbH v. Hetronic International Inc.
Among other changes, the Ninth Edition addresses important decisions and changes in many areas, such as: Mens Rea: using the Supreme Court鈥檚 hierarchy of mens rea; Sentencing: adding discussion of the 鈥渮ero-point鈥� offender adjustment and the amendment regarding acquitted conduct; Entity Liability: updated the Principles of Federal Prosecution of Business Organizations and discussed the evolution of relevant DOJ policies; Obstruction: substantially reworked the chapter for clarity, added discussion of the Supreme Court鈥檚 decision in Fischer v. United States, the Jan. 6 obstruction cases, and the Special Counsel鈥檚 superseding indictment of former President Trump under 搂 1512(c)(2); Fraud: covered the outcome of the saga of Blaszczak v. United States, the Supreme Court鈥檚 rejection of the 鈥渞ight to control鈥� theory in Ciminelli v. United States, its decision in Percoco v. United States, and its grant of certiorari in United States v. Kousisis; Corruption: added discussion of the Supreme Court鈥檚 decision in Snyder v. United States, and the enactment of the Foreign Extortion Prevention Act, which authorizes prosecution of corrupt foreign officials; Securities: discussed the end of the Blaszczak saga and added notes on the amendments to the SEC鈥檚 Whistleblower Program; Conspiracy: added a note regarding former President Trump鈥檚 indictment under the defraud clause of 搂 371; Money Laundering: created a new section dealing with the temporal issues related to charging money laundering and added a discussion of prosecutors鈥� use of correspondent bank account transfers to justify extraterritorial jurisdiction; Grand Jury: expanded and clarified the discussion of Fourth Amendment standards and the Stored Communications Act and inserted information about DOJ鈥檚 ephemeral communications policy; Transnational Practice: included discussion of the Supreme Court鈥檚 latest extraterritoriality case, Abitron Austria GmbH v. Hetronic International Inc.