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Individual Versus Institutional Liability for White-Collar Crime

Learn about how individuals and institutions may be liable for white-collar crime.

Transcript

White-collar crime often occurs in the context of complex organizations like corporations. This context raises the question of when an organization is criminally liable for an individual’s actions. Historically, corporations couldn’t be criminally liable under common law. Because a corporation has no mind, it couldn’t form the necessary criminal intent. Moreover, because a corporation isn’t a physical entity, it couldn’t undertake an actus reus. Finally, a corporation couldn’t go to prison....

Lessons

1. Welcome to White-Collar Crime
  • Welcome to White-Collar Crime
2. Unique Attributes of White-Collar Crime
  • Federal and State Jurisdiction over White-Collar Crime Prosecution and Parallel Proceedings
  • Mens Rea and Actus Reus in White-Collar Crime
  • Individual Versus Institutional Liability for White-Collar Crime
3. Criminal Falsehoods
  • Mail and Wire Fraud Part I
  • Mail and Wire Fraud Part II
  • Bank Fraud and Health-Care Fraud
  • Perjury and False Declarations Part I
  • Perjury and False Declarations Part II
  • False Statements
  • Civil and Criminal False Claims
  • Obstruction of Justice Part I
  • Obstruction of Justice Part II
4. Criminal Influence and Exploitation of Position or Fiduciary Responsibility
  • Bribes and Gratuities
  • Federal-Program Bribery, International Bribery and the Foreign Corrupt Practices Act (FCPA)
  • Extortion
  • Securities Fraud Part I
  • Securities Fraud Part II
5. Criminal Financial Activity
  • Bank Secrecy Act and Currency-Reporting Offenses
  • Money Laundering
  • Tax Crimes
6. Other White-Collar Crimes
  • Computer Crimes
  • Environmental Crimes
  • The Economic Espionage Act & the National Stolen Property Act
7. Criminal Collaborations
  • Organized Crime and the Travel Act
  • Criminal RICO I
  • Criminal RICO II and Civil RICO
  • Conspiracy
8. Evidentiary, Procedural, and Other Issues in White-Collar Crime
  • Grand Jury Investigations
  • Internal Investigations and Compliance Programs
  • Fifth Amendment Issues in White-Collar Crime
9. White-Collar Defenses and Penalties
  • Timing Defenses
  • Procedural Defenses to White-Collar Crime
  • Other Defenses to White-Collar Crime
  • Resolution and Penalties in White-Collar Crime Prosecutions