| Credit Hours: | 3 |
| Description: | Over the last few decades, the use of the criminal law has become increasingly common in controlling corporate and individual business misconduct. This course is designed to familiarize students with this developing area. There are two primary objectives: first, understanding the general legal principles which underlie the imposition of criminal liability upon both the corporate entity itself as well as the individuals within it; second, discussing the particular criminal statutes most often utilized in these prosecutions. The course will begin with a discussion of the legal basis for imposing criminal liability upon corporations for acts of their employees and directors, as well as personal criminal liability of these individuals for their own conduct as well as conduct of those they supervise. We will then cover some commonly used statutes in white collar prosecutions, primarily federal, such as mail fraud and securities fraud and some lesser known statutes like the Foreign Corrupt Practices Act. Also included will be the use of the Racketeer Influenced and Corrupt Organizations Act (RICO), both civil and criminal, and the controversy this has engendered. We will also cover prosecutions for environmental crimes and work-place crimes, under federal as well as state law. Finally, we will cover the topic of punishment of both the corporate entity itself and individuals within it. This will entail an extensive discussion of a number of issues the Federal Sentencing Guidelines and their continued usefulness given recent Supreme Court opinions limiting their application. There will be an in-class final exam. |
| Prerequisite: | Criminal Law |
| AWR Possible: | Research Requirement |
| Enrollment Cap: | 30 (15 AWR) |
Salmon P. Chase College of Law
Office of Admissions
1 Nunn Drive, 216 Nunn Hall
Highland Heights, KY 41099
859-572-5490
