White Collar Crime and Corporate Criminal Liability: A Comprehensive Guide

122 questions on white collar crime and corporate criminal liability, answered and cited by the UpLaw editorial team.

• Are parallel criminal and civil investigations permitted?
• Can a company be indicted for hiring a competitor's employee?
• Can a company be required to fund the defense of an executive it is turning in?
• Can a corporation invoke the Fifth Amendment?
• Can prosecutors demand a privilege waiver?
• How broadly is "obtain or retain business" read?
• How can a corporation commit a crime when it has no mind?
• How did Fischer limit Section 1512(c)(2)?
• How did Skilling narrow honest-services fraud?
• How did Van Buren narrow the CFAA?
• How do courts decide a motion to stay a civil case?
• How does advice-of-counsel work as a defense?
• How does DOJ treat ephemeral messaging?
• How does one bribe generate multiple charges?
• How does the Model Penal Code approach differ?
• How do you tell whether a compliance function is empowered?
• How far does Section 1001 reach?
• How far does the responsible corporate officer doctrine reach?
• How have prosecutors adapted to the fraud narrowing?
• How is an organizational criminal fine calculated?
• How large is the gap between self-reporting and obstructing?
• How thin is judicial review of a DPA?
• How trivial is the mail/wire jurisdictional element?
• Is collective knowledge uncontroversial?
• Is respondeat superior a national rule of corporate criminal liability?
• Must the government prove anyone was actually deceived?
• What act-of-production privilege survives for individuals?
• What adjusts the culpability score?
• What are the elements of mail and wire fraud?
• What are the five corporate resolution options?
• What are the seven elements of an effective compliance program under the Guidelines?
• What are the two Economic Espionage Act offenses?
• What asymmetry is built into the cooperation design?
• What changed about Rule 10b5-1 plans?
• What criminal securities statutes matter to public-company practitioners?
• What did Cleveland decide about government licenses?
• What did Cuellar require for the concealment prong?
• What did Dubin do to aggravated identity theft?
• What did McNally hold, and how did Congress respond?
• What did Santos hold, and what happened to it?
• What did Snyder decide about Section 666?
• What did the Yates Memo establish?
• What did United States v. Park require?
• What did United States v. Stein hold about legal-fee pressure?
• What did Upjohn establish about corporate privilege?
• What does "corruptly persuades" require?
• What does effective compliance training look like?
• What does effective third-party management require?
• What does root-cause analysis mean in a compliance context?
• What does the FCPA's anti-bribery provision prohibit?
• What does "willfully" mean in the criminal code?
• What do the FCPA accounting provisions require?
• What due-process concern do structuring cases raise?
• What earns a presumption of declination?
• What four intents can support a Section 1956 money laundering charge?
• What happened to the Ratzlaf reading of willfulness?
• What individual defenses are worth developing?
• What is a Klein conspiracy?
• What is an oral factual download, and is it a waiver?
• What is insider trading law actually grounded in?
• What is NOT required for federal corporate criminal liability?
• What is on the other side of the property line?
• What is the Alternative Fines Act?
• What is the board's oversight duty, and whose law supplies it?
• What is the brutal math of self-disclosure?
• What is the civil follow-on cost of cooperation?
• What is the collective-knowledge doctrine?
• What is the conscious avoidance instruction?
• What is the cost side of the cooperation decision?
• What is the defense in a responsible-corporate-officer case?
• What is the defense's best friend in a Section 1832 case?
• What is the drama of the internal investigation?
• What is the M&A Safe Harbor Policy?
• What is the misappropriation theory?
• What is the most damaging finding a prosecutor can make?
• What is the one rule of white-collar defense?
• What is the parallel-proceedings squeeze for an individual?
• What is the responsible corporate officer doctrine?
• What is the risk of failing to give a clear Upjohn warning?
• What is the single most important structural fact about American corporate criminal law?
• What is the state-actor problem in internal investigations?
• What is the structural point about corporate cooperation?
• What is the through-line of the Supreme Court's fraud counterrevolution?
• What limit did Hoskins place on FCPA reach?
• What limit did Yates place on Section 1519?
• What makes a risk assessment adequate?
• What must an Upjohn warning say?
• What must be drilled into every white-collar client?
• What nexus does Section 1503 require?
• What question should defense counsel ask first in any fraud case?
• What record should counsel develop on the state-actor question?
• What should a corporate crisis protocol tell employees about agent interviews?
• What ten factors do prosecutors weigh in charging a corporation?
• What theory did Ciminelli reject?
• What three conditions establish federal corporate criminal liability?
• What three questions does the ECCP ask?
• What was the lesson of the Bridgegate case?
• When does a routine retention policy become obstruction?
• When does a tipper breach a duty?
• When is a corporate monitor imposed, and how do you avoid one?
• When is the compliance-program discount unavailable?
• When should counsel run the Chapter 8 math?
• Where does the real law of corporate crime live?
• Which conspiracy statutes require no overt act?
• Why are the books-and-records provisions the FCPA's real engine?
• Why are third-party intermediaries the FCPA's central risk?
• Why can obstruction be worse than having no compliance program at all?
• Why do prosecutors love Section 371 conspiracy?
• Why is a "need to know" compliance posture dangerous?
• Why is Arthur Andersen the case that killed a firm and then vindicated it?
• Why is conscious avoidance "a scalpel with a broad blade"?
• Why is corporate criminal law mostly about discretion rather than elements?
• Why is "foreign official" the most consequential FCPA term?
• Why is ignoring your own compliance policy so damaging?
• Why is "investigate quietly and say nothing" a bad plan?
• Why is Section 1519 the "Andersen fix"?
• Why is Section 1957 the easier laundering charge?
• Why is the collateral-consequences factor called "Arthur Andersen's ghost"?
• Why is the company's parallel-proceedings posture worse than the individual's?
• Why is the compliance-program factor assessed twice?
• Why is the count-stacking arithmetic a plea-bargaining instrument?
• Why is the facilitating-payments exception a trap?