Overview

This timely supplement updates Kathleen F. Brickey's Corporate and White Collar Crime, Fourth Edition, through the 2008 Supreme Court Term and features selected court documents and transcripts from major white collar prosecutions. CASE HIGHLIGHTS CORPORATE CRIMINAL LIABILITY United States v. Stein: Should a corporation's willingness to advance legal fees to its employees be deemed evidence of lack of cooperation with the government, as the Thompson Memorandum suggests? PERSONAL LIABILITY IN AN ORGANIZATIONAL SETTING United States v. Skilling: Should Ken Lay's fraud conviction have been abated because he died before sentencing and an opportunity to appeal? SECURITIES FRAUD Problem 5-A: Is a tippee who willfully trades on improperly disclosed information liable even though the tipper did not knowingly make an improper disclosure? PERJURY AND FALSE DECLARATIONS United States v. Ebbers: Was Bernie Ebbers denied a fair trial because the government selectively immunized witnesses? OBSTRUCTION OF JUSTICE Problem 8-3: Did Frank Quattrone corruptly endeavor to obstruct an investigation when he encouraged his colleagues to purge files containing documents the government had sought? BRIBERY OF PUBLIC OFFICIALS United States v. Ihnatenko: Is the government's payment of cash benefits and other forms of compensation in exchange for the cooperation of a witness an unlawful gratuity? RICO United States v. Stein: Did KPMG's refusal to pay its indicted employees' legal fees impermissibly interfere with their Sixth Amendment right to counsel? Anza v. Ideal Steel Supply Corp.: Does a company that diverts business from a competitor by illegally undercutting the competitor's prices cause a compensable RICO injury? Williams v. Mohawk Industries, Inc: Does an employer's scheme to hire illegal immigrants to keep labor costs low injure legal workers in the labor pool in their business or property? TAX FRAUD: United States v. Cohen: Is expert testimony regarding a taxpayer's narcissistic personality disorder relevant to the issue of willfulness? ENVIRONMENTAL CRIMES Northern California River Watch v. City of Healdsburg: To what extent are waters that are not navigable in fact--such as wetlands--within the reach of the Clean Water Act? SANCTIONS Gall v. United States: Must a sentence that substantially deviates from the recommended Guidelines range be justified by extraordinary circumstances? United States v. Martin: Is a cooperating witness who provides extraordinary assistance entitled to a sentence substantially below the Guidelines range under Booker? STATUTES AND DOCUMENTS Updated Statutes and Sentencing Guidelines Deferred Prosecution Agreements: KPMG and Bristol-Myers Squibb Plea Agreements: Enron Defendants Causey and Fastow Indictments: Arthur Andersen, Martha Stewart, and WorldCom CEO Bernie Ebbers Sentencing Transcript: Martha Stewart

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