Trends in federal white collar prosecutions

Publication January 2016

A Practice Note covering trends and developments in the federal government's prosecution of white collar crime. Specifically, this Note examines the government's tactics and strategies in enforcing federal criminal laws, the elements of several criminal statutes frequently used by the government to prosecute corporate crime, what constitutes criminal intent in white collar cases, company and managerial liability and compliance programs designed to mitigate corporate liability.

Through increased white collar enforcement, the government has achieved broad internal reform within targeted companies and industries. At the vanguard of this corporate scrutiny is the Department of Justice, which is now the preeminent federal overseer of corporate culture. Indeed, the DOJ continues to maximize its leverage over companies and individuals by invoking broad interpretations of criminal statutes and expanding enforcement, all towards the end of encouraging ethical corporate culture.

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