Organized and White Collar Crime
This course will focus on the investigation, prosecution, and defense of today’s organized and white-collar criminal cases. In order to understand today’s organized crime, students need an understanding of the nature of traditional and nontraditional organized crime. This course will focus on the Racketeering Influenced and Corrupt Organizations Act (RICO) and New York State’s Enterprise Corruption Statute as they pertain to the prosecution of individuals and corporations. In recent years, law enforcement investigative techniques traditionally utilized in organized crime cases have been applied to what is generally referred to as white-collar crime cases. Therefore, a portion of this course will focus on general principles and issues related to the prosecution and defense of white-collar cases as well. We will pay particular attention to (1) individual versus corporate liability, (2) waiver of the attorney-client privilege, (3) joint defense agreements, (4) cooperating witnesses and informants, (5) electronic eavesdropping evidence, (6) immunity and the grand jury, and (7) sentencing considerations, with particular attention paid to the determination of loss amount under the Federal Sentencing Guidelines.