Criminal Enforcement

Text: Chapter 9 Racketeer Influenced and Corrupt Organizations Act, §9.5.3

Text:  Chapter 12, Criminal Enforcement, §§12.5 – 12.5.6

18 U.S.C. Section 1348

• S. v. Kaiser (2d Cir. 2010)
• Boyle v. U.S. (U.S. 2009)
• S. v. Milikowsky (2d Cir. 1995)
• S. v. Ebbers (2d Cir. 2006) (just sentencing portion of opinion)
• “Yates Memorandum” (U.S. DOJ 9/9/2015)

U.S. Sentencing Guidelines §8B2.1 (Effective Compliance & Ethics Program)

U.S. Attorneys Manual 9-28.000 (Prosecution of Business Organizations)

Presentation: Team 8

  Write up 1 of the above 5 cases

Criminal Liability for Violations of Financial Regulatory Statutes — Criminal Securities Fraud: When does a violation become criminal?

Understanding the far reach of federal prosecutors — How Federal prosecutors use of mail and wire fraud, RICO and criminal tax prosecutions to reach wide range of financial corruption and “white collar” crimes

Can an organized crime law be used against a legitimate business?

Difference between civil and criminal RICO

What is an “enterprise” for the purposes of RICO?

What steps can and should a public company take to best protect itself and its directors, officers and employees from criminal prosecution?

What factors do Federal prosecutors and judges take into account in sentencing corporations and “white collar criminals” convicted violations of the securities laws or other criminal offenses?

Should the sentencing judge consider impact on a defendant’s business in sentencing?

Is it reasonable to consider loss to shareholders in calculating defendant’s sentence?

General Instructions on Case Write-Ups

1. Your write-up should be 1 to 2 pages, single-spaced, at standard typeface (12 or 14 point).
2. It should briefly (in very few sentences) lay out the basic facts of the case.  These are usually generally agreed upon by the time it gets to the final appeal stage; i.e., the Supreme Court or a Federal District court.
3. What is much more important is the issue at law– the dispute about what the law means or how it should be interpreted.
4. What was the majority of the court’s decision in the case, and – more importantly – what was the basic reasoning behind this decision?
5. If you are asked to read a dissent in the case, what was the decision and reasoning in the minority?
6. Do you agree or disagreewith the court’s decision?   Explain why.
7. To avoid even the appearance of plagiarism, references should be clearly connected to the text through parentheses (Smith, 2016) or footnotes.  It is not enough to put your references at the end of the paper, with no way to see what text connects with each reference.
8. Direct quotes should be inquotation marks or, if more than one sentence, in an indented paragraph.  Material which is a close paraphrase of another work, although not a direct quote, should be referenced and explicitly acknowledged with the expressions like ‘paraphrase,’ ‘in other words,’ ‘to put it another way,’ or something similar.