Law Commons^™

Economic Ideology And The Rise Of The Firm As A Criminal Enterprise, William K. Black, June Carbone

Akron Law Review

Over the last 50 years, the institutions, ideology, nature, and power of firms in the United States have been radically transformed. Neoclassical economics has led that transformation, supplying an ideology that justified a dramatic increase in top executive compensation while dismantling the mechanisms that produced personal accountability tied to anything but relatively short term shifts in share prices. Yet, alongside the rise of the corporation, from the time of Adam Smith forward, has been concern that the separation of ownership and control creates opportunities to use the corporation as a “weapon” of fraud, and with the return of global financial …

Enforcing Integrity, Katrice Copeland

Katrice Bridges Copeland

Over the past several years, the marketing practices of large pharmaceutical companies have come under intense scrutiny. The government spends years investigating and building cases against pharmaceutical manufacturers that engage in illegal promotional activities to promote their drugs but does not prosecute them. Instead, the government enters into Corporate Integrity Agreements (CIAs) with the pharmaceutical giants. As a result, the pharmaceutical manufacturers are able to avoid the collateral consequences of conviction, such as exclusion from Medicare and Medicaid. Participation in Medicare and Medicaid is crucial for a pharmaceutical manufacturer because the government spends over $60 Billion per year through those …

Teaching The Art Of Defending A White Collar Criminal Case, Katrice Copeland

Katrice Bridges Copeland

This Article discusses the author's experience with effectively teaching a white collar crime course.

In-House Counsel Beware!, Katrice Copeland

Katrice Bridges Copeland

This Article argues that the prosecution of Lauren Stevens for covering up the alleged crimes of GSK was misguided both as a matter of law and a matter of policy. In particular, this Article contends that the government should not prosecute attorneys for obstruction of justice or other cover-up crimes for actions taken in good faith during a government investigation into a client's conduct. Part I provides background on the Lauren Stevens case and the convergence of the four prosecution trends that led the government to indict her. Part II argues that Lauren Stevens did not obstruct the government's investigation …

How Criminal Law Can Help Save The Environment, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Asset Forfeiture In Public Corruption Cases, Pamela S. Stanek

Center for the Advancement of Public Integrity (Inactive)

This publication is intended to be a practical guide to pursuing federal asset forfeiture where a public corruption crime is the underlying offense. Although the reader of this guide may be pursuing state crimes and forfeiture, reaching out to the Federal Bureau of Investigation (FBI), the experts in public corruption cases, is recommended. Addressing the laws of all fifty states is beyond the scope of this guide. Nonetheless, the considerations and guidance underlying federal forfeiture will generally apply to the pursuit of state forfeitures as the majority of the state statutes are modeled after the federal statutes and involve similar …

Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser

Publications

This Closing Fireside Chat was the final session of the 16th annual Silicon Flatirons Center conference, The Digital Broadband Migration: The Evolving Industry Structure of the Digital Broadband Landscape, held on Feb. 1, 2016 in the Wittemyer Courtroom of the University of Colorado Law School.

"At the time this conference was held, William J. Baer was Assistant Attorney General for Antitrust in the United States Department of Justice. On April 17, 2016, President Obama asked Mr. Baer to become Acting Associate Attorney General of the United States. Video of this interview with Assistant Attorney General Baer is available at https://www.youtube.com/watch?v=C351xEX0h4g …

'White Collar Crime': Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor

Law Faculty Scholarship

With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under …