White Collar Crime Course Webpage Fall 2010


Professor Cloud

White Collar Crime       Fall 2011

Course Web Page


I.  Case Book:  Brickey, Corporate and White Collar Crime, Cases and  Materials, Fifth Edition (Aspen 2011). 

Assignments: Your class assignments include the statutes discussed in the cases and notes in the case book.  You must read these statutes, which are available from a number of sources:  online legal materials, the United States Code Annotated volumes in the library, and the 2011 statutory supplement to Professor Brickey’s case book which is available for purchase from online sources.  You are NOT required to purchase the statutory supplement; it contains most but not all of the important statutes that we will discuss during the semester, nor does it always contain the most recent amendments to statutes.  

Regardless of the source you use, you are required to read the statutes relevant for each assignment for each class and to have copies of the statutes available for use during class discussion.  Every section of the course, every assignment, and every case will refer to and rely upon one or more statutes.  You are responsible for having each of these statutes available (hard copy or on your computer) for every class discussion.

Page references in this Syllabus are to the casebook.  In addition, online and handout materials will be provided during the semester.  Assignments will be announced at the end of each class meeting for the next class   NOTE:  The assigned pages in the case book may include the author’s hypothetical problems and question.  These specific materials will not be discussed in class, and therefore are not required reading (so you may skip them if you choose).  You must, however, read the author’s notes and commentaries that are contained in the assigned pages.

 

 2.  Administrative Information for the Course.

        a.  Contact Information for Professor Cloud.          

              Office:            G536 (Gambrell 5th floor)
              Phone:           404-727-5779
              Email:             morgan.cloud@emory.edu

        b.  Office hours:  Mondays and Wednesdays, 3:30–5:30.

II.  CLASS ASSIGNMENTS: 

Monday, August 22, 2011: 

Part I:  Corporate Criminal Liability, the Nature of "Corporateness," and the Theory of Vertical Insulation:

1.  Reading assignment:  This assignment requires straightforward research on the web. Go to the General Electric (GE) website and find the information necessary for you to answer the following questions during class discussion:

a.  Company size and structure:  How many people work for GE?   What products and services does GE produce/provide? How is the company organized? That is, what is its organizational structure?  Who sets corporate policy?  Who is responsible for implementing corporate policy? Who has ultimate authority over policy and operational questions?

b.  Global footprint: In how many countries does GE operate? How many GE employees are NOT in the United States? What percentage of its income does GE derive from operations outside of the United States? How does GE manage its global activities? What does it mean to "manage" an organization of this size?

c.  Law and regulation: How can GE ensure that its employees comply with the legal rules in all of the countries in which it operates?  Can government regulators in one any country effectively monitor and regulate the domestic activities of a global entity like GE?

d.  Country specific questions:  pick one country in which GE operates and be prepared to answer all of the questions in parts 1(a), (b), and (c) above for that country.

e.  Corporate criminality: If GE's employees violate a country's laws, should this trigger criminal liability for the entire company?  Is corporate criminal punishment a rational response to crimes committed by people working for a company?  Are there more effective legal responses to corporate misconduct?  For example, is it more rational simply to impose civil fines and allow the victims to seek legal damages and equitable relief? Are the same questions relevant to the "subprime mortgage crisis that triggered the current Great Recession? Finally, in addition to the individuals who actually committed crimes, should high ranking officers, directors, and employees be held criminally liable for crimes committed by others within the the corporate heirarcy?

Wednesday August 24.

2.  The ecology of corporate criminality. The assigned materials concern the current scandal involving test score cheatin in the Atlanta Public Schools on the Georgia CRCT test. The assigned readings are found at the following links:

Read ALL of items "a" and "b".  Each item is only one (1) page in length.  In item "c", Volume I of the Special Investigators' Report, read from the beginning through page 28.  In item "d", Volume III of the Special Investigators' Report, read from the beginning through page 388.  The total number of pages assigned is larger than will be typical of our assignments, but this is past and easy reading compared to judicial opinions, statutes and regulations.  Many of the pages will require at most a few seconds to scan.

Monday August 29, 2011.
3.  Should Corporations Be Criminally Liable?     
     a. 
Read pp. 1- 7 in the casebook;
      b.  Read online Principles of Federal Prosecution of Business Organizations, §§ 9-28.100-600 in the U.S. Attorneys' Manual. The U.S. Attorneys Manual is available online at doj.gov. The link for § 9-28 ican be found at this webpage:

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/title9.htm

4.  How agents and employees create liability for the organization.
     a.  The Respondeat Superior Theory.  Read pp. 16-33.

Wednesday August 31. 

4.  How agents and employees create liability for the organization, continued.
     b.  The High Managerial Agent Theory.  Read pp. 33-38.

Wednesday September 7.

5.  Liability for Individuals acting within the organizational setting. Read pp.39-59.

Monday, September 12.  

6.  Conspiracy.  Read pp. 61-83.

Wednesday September 14:  

Complete discussion of Conspiracy.

7.  Mail Fraud.  Read pp. 85-101.

Monday September 19.

8.  Mail Fraud, Continued.  Read pp. 101-127.

Wednesday September 21.

9.  Mail Fraud Continued.  Read pp. 127-137, 150-152 (Computer Fraud).

Monday September 26.

9.  Wire Fraud, continued.

Wednesday September 28.

9.   Wire Fraud, Continued.  Be prepared to discuss Skilling, pp. 118-127; Lecture re: pp. 127-134.

10.  Securities Fraud and Insider Trading. Lecture re: pp. 153-169.

Monday October 3.

11.  Insider Trading, Continued.  Be prepared to discuss pp. 169-186; Lecture re: pp. 186-198.

 

Wednesday October 5.

11.  Insider Trading, Continued.  Discussion and Lecture to end of Chapter, p. 198. 

Monday October 10 - Wednesday October 12.

12.  False Statements.  Discussion and Lecture, pp. 199-231, 235-237, 240-241. 

Wednesday October 19.

Class Cancelled.

Monday October 24 - Wednesday October 26:

13.  Perjury and False Declarations. Be prepared to Discuss pp. 243-267.

14.  Obstruction of Justice, Introductory Lecture and view excerpts from President Clinton's Grand Jury testimony. 

Monday October 31:

Watch excerpts from the Clinton Grand Jury testimony.

15.  Obstruction of Justice, pp.     .

Wednesday November 2:

16.  Obstruction of Justice. Lecture, pp. 275-288, 295-316.

Watch excerpts from Clinton Grand Jury testimony.

Monday, November 7:

17.  Obstruction of Justice, pp. 318-327.

18.  The RICO statute. Lecture re: pp. 393-407.

Monday November 14.

19.  RICO, Continued. Lecture re: pp. 407-437.

Wednesday November 16.

20. RICO continued: Discussion and Lecture, pp. 441-467.

Monday November 21.

21.  RICO, Continued: Lecture pp. 467-474.  

 

22. Criminal Sanctions for Individuals. Read pp. 637-647, 651-661.

Wednesday November 23.

NO CLASS MEETING--THANKSGIVING BREAK.

Monday November 28.

23.  Criminal Sanctions for Organizations. Read pp. 677-690.

 

III.  Final Examination Materials.

A.  Final Exam Review Session.

Date:    Friday December 9, 2011

Time:    2:00 - 4:00 p.m.

Place:    Room 5F

B.  Final Examination, Fall 2011 Semester.

Date and Time:   Monday December 12, 2011, 9:00 a.m.-12:30 p.m.

C.  Final Examinations from Past Years

IV. Weblinks