White Collar Criminal Defense: Critical Issues and Strategies (21430). 3 units. This course will consider the legal, ethical and strategic challenges facing white-collar criminal defense lawyers, both those representing individuals and those representing entities, in this era of few trials and pressure to cooperate with the government. We will examine all stages of white-collar representations, including the financial and psychological dimensions of being retained; developing information (through internal investigations and otherwise) and controlling the flow of information to the prosecutor and other defense counsel (including through joint defense agreements); persuading prosecutors not to bring charges; negotiating with the prosecutor for immunity or cooperation agreements for individuals and corporations (including deferred prosecution agreements); assertions of the Fifth Amendment privilege; the tension between individual and corporate representations; plea or trial strategies (including the use of jury consultants) and approaches to sentencing; and parallel proceedings (including investigations by the SEC, state AGs, foreign law enforcement authorities, and private civil litigation). We will consider how the defense lawyer can succeed in disproving Dylan's observation that “you can't win with a losing hand.” Students must have taken at least one course in criminal law or criminal procedure. Regular “response” or "hypothetical" papers will be required throughout the term. Permission of the instructor required. K. Stith and D. Zornow.
Course Selection: In addition to listing this course among permission-of-instructor selections, each applicant must provide no more than 200 words explaining his or her classroom and real-world experience (if any) with criminal law/procedure and with white collar criminal investigations/prosecutions/civil regulatory regimes and how this seminar would contribute to their academic and/or professional goals and interests. These statements should be submitted through the online system by 4:30 p.m. on December 8.