NCJ Number
78251
Date Published
1981
Length
5076 pages
Annotation
Intended as a useful resource for practitioners and advisors on both the prosecutorial and defense sides of the bar, these volumes on business crime deal with questions of procedure, strategy, and technique and survey the substantive law within the business crime context.
Abstract
Part I, consisting of 14 chapters, covers procedural aspects of business crime and discusses the techniques and strategies of the various phases of counseling and advocacy. It begins with an examination of grand jury practice and parallel civil and criminal proceedings. Additional topics include preparation and investigation for trial, the problems of multiple representation, and responsibility for the payment of fees. The subjects of pretrial motions, plea negotiations, jury selection, opening and closing statements, examination of witnesses, and jury instructions are also discussed. Sentencing and appeals are described with particular emphasis on those special circumstances which exist in a business crime case. Part II covers 16 substantive areas of business crime law including securities and corporate tax fraud, antitrust, Occupational Safety and Health Act violations, vicarious and strict liability, and the Racketeer Influenced and Corrupt Organization (RICO) Act. These chapters survey the most significant aspects of the crimes under examination. Major conflicts among the courts are examined in depth, trends are highlighted, and unprecedented shifts in jurisprudence are analyzed with commentary. Each chapter begins with a SCOPE note setting forth, among other things, the content and boundaries of the chapter under discussion. All forms and models appear in the first appendix section of each Part I chapter. The first appendix section of each Part II chapter contains cross-references to relevant Part I text discussion, forms, or models. This appendix section also cross-references pertinent portions of Part II chapters. Most chapters in Parts I and II contain a bibliography, glossary, checklist, and rule and statutory reference section. The bibliographies contain extensive references to legal texts, law reviews, legal periodicals, and other references. (Author abstract modified)