WHITE COLLAR CRIMES 1978

• NCJ Number: 60985
• Author(s): ANON
• Date Published: 1978
• Length: 176 pages
• Corporate Author: Practicing Law Institute
• Sale Source: Practicing Law Institute
• Publication Type: Instructional Material
• Language: English
• Country: United States of America
• Note: LITIGATION AND ADMINISTRATIVE PRACTICE SERIES - CRIMINAL LAW AND URBAN PROBLEMS - COURSE HANDBOOK SERIES

Annotation

THIS COURSE HANDBOOK, WHICH CAN BE USED AS A REFERENCE MANUAL BY ATTORNEYS AND RELATED PROFESSIONALS, EXAMINES SEVEN ASPECTS OF THE PROSECUTION OF WHITE-COLLAR CRIMES THAT HAVE BEEN AFFECTED BY COURT DECISIONS.

Abstract

ATTORNEYS SHOULD BE AWARE OF THE ENHANCED GOVERNMENT INTEREST IN PROSECUTING WHITE-COLLAR CRIMES. PROBLEMS ARISE IN TRYING TO REPRESENT SEVERAL CLIENTS IN THE SAME CASE; COUNSEL SHOULD MAKE CAREFUL ASSESSMENT OF THEIR CLIENTS' INVOLVEMENT IN SUCH CASES. IT IS IMPORTANT TO GAIN EARLY CONTROL BY THOROUGHLY INSTRUCTING CLIENTS ON HOW TO INTERACT WITH THE PROSECUTION AND MEDIA. COURTROOM STRATEGY SHOULD BE BASED ON SUCH FACTORS AS THE CLIENT'S POSITION IN THE CASE, THE NATURE OF THE EVIDENCE, AND VARIOUS MEANS OF COOPERATING WITH THE PROSECUTION. ALTHOUGH ATTORNEYS CANNOT ACCOMPANY THEIR CLIENTS INTO GRAND JURY PROCEEDINGS, THEY CAN USE THE DISTRICT COURT TO ENSURE THAT THEIR CLIENTS' RIGHTS ARE PROTECTED THROUGH SUCH PROCEDURES AS THE MOTION TO QUASH THE SUBPOENA. EVEN THOUGH POSTINDICTMENT MOTIONS BASED ON IRREGULARITIES IN GRAND JURY PROCEEDINGS ARE SOMEWHAT LIMITED IN SCOPE AS WELL AS IN SUCCESS, THEY SHOULD BE CONSIDERED. ATTORNEYS SHOULD BE AWARE OF THE USES AND RESTRAINTS PLACED ON THE APPLICATION OF BOTH FORMAL AND INFORMAL DISCOVERY PROCEDURES AND TAKE SPECIFIC STEPS TO PREPARE FOR SUCH CASES, INCLUDING INTERVIEWING WITNESSES, CONSULTING WITH EXPERTS, AND ASSESSING THE ADVANTAGES AND DISADVANTAGES OF JURY TRIALS. ATTORNEYS SHOULD BE FAMILIAR WITH RECOMMENDATIONS OF THE AMERICAN BAR ASSOCIATION REGARDING COUNSEL'S DUTIES IN THE SENTENCING PROCESS (NCJ-60986). SINCE WHITE COLLAR CRIMES FREQUENTLY INVOLVE TAX VIOLATIONS, ATTORNEYS MUST BE FAMILIAR WITH SUCH CASES AND METHODS OF PROOF USED IN PROSECUTING SUCH CRIMES. LISTINGS OF THE COURSE PROGRAM SCHEDULE AND FACULTY, AND THE LITIGATION AND ADMINISTRATIVE PRACTICE COURSE HANDBOOK SERIES FOR 1977 TO 1978 ARE PROVIDED. ALTHOUGH REFERENCES ARE NOT PROVIDED, SPECIFIC COURT CASES ARE CITED.