NCJ Number
90533
Editor(s)
J Glekel
Date Published
1982
Length
458 pages
Annotation
Providing guidance for attorneys representing businesses and businesspersons that may be subject to both civil and criminal proceedings, this book discusses the role of counsel vis-a-vis corporate criminal liability, representing witnesses before a Federal grand jury, attorney-client work-product privileges, dealing with the prosecutor, pretrial motions, and post-conviction proceedings.
Abstract
Definitions of principal white-collar crimes cover mail and wire fraud, false statements, perjury, currency transport, securities law violations, violations of the Hobbs and Travel Acts, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), as well as conspiracy, aiding and abetting, and obstruction of justice. In the chapter on corporate criminal liability and the role of counsel, the prosecutor's perspective is first presented in decisions related to the standards of corporate criminal liability, the convenience of Federal criminal prosecutions, the appropriateness of criminal sanctions, and countervailing considerations. The role of corporate counsel involves analyzing the consequences of criminal prosecution, identifying preventive measures, and dealing with criminal prosecution. The various aspects of representing witnesses before a Federal grand jury are covered under such topics as the investigative stage, multiple representation, the fifth amendment privilege, and immunity. The chapter on dealings with the prosecutor considers the decision to contact the prosecutor, first contact, the manner of negotiating, and goals and strategies. Postconviction proceedings include sentencing, appellate review of sentences, and aspects of a motion for a new trial. Appendixes discuss paroling policy guidelines and benchmarks relevant to white-collar crimes. A table of cases and a subject index are provided.