White Collar Crime: Business and Regulatory Offenses

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This book has gathered a prestigious group of authors to counsel you on: criminal tax cases; securities fraud; RICO; mail and wire fraud; banking crimes; criminal antitrust actions and more.
“A fundamental and essential addition to every practitioner's bookshelf.”
Stephen E. Kaufman, Former Chief of the Criminal Division,
U.S. Attorney's Office, Southern District of New York

White collar crime continues to make headlines. But many cases that may not make the headlines are just as important to you and your clients.

In White Collar Crime: Business and Regulatory Offenses, Otto G. Obermaier and Robert G. Morvillo have gathered a prestigious group of authors to counsel you on: criminal tax cases; securities fraud; RICO; mail and wire fraud; banking crimes; criminal antitrust actions; bribery and extortion; conspiracy; entrapment and government overreaching; government contract fraud; grand jury practice; perjury and false declarations; and general principles governing the criminal liability of corporations, their employees and officers.

White Collar Crime: Business and Regulatory Offenses also features a discussion of computer crime, including provisions of the Electronic Communications Privacy Act and the creation of Computer Hacking and Intellectual Property Squads designed to combat copyright theft, computer fraud and hacking. There is also valuable information on forfeiture; the Computer Fraud and Abuse Act; and the Supreme Court's interpretation of the standard of “gross proportionality” as it applies to violations of the Eighth Amendment's “excessive fines” clause.

Book #00610; looseleaf, two volumes, 1,790 pages; published in 1990, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-049-4

Additional Information
Division Name Law Journal Press
Volumes 2
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-049-4
Page Count 1790
Edition 0
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Barry A. Bohrer

Mr. Bohrer, a partner in Schulte Roth & Zabel’s New York office, has extensive litigation experience handling white collar criminal and complex civil matters in federal and state courts for individual and corporate clients. Barry has successfully defended clients, including major corporations, financial institutions, political figures, corporate executives and individuals, professionals, and prominent law firms, in a wide variety of high-profile and complex cases, jury trials, regulatory actions, and investigations. He regularly represents clients in matters pertaining to securities and commodities litigation and regulatory enforcement; other forms of financial fraud; antitrust litigation; and allegations of environmental offenses. In his appellate practice, Barry has won appeals at all levels of the federal and state court systems throughout the nation, and is retained in high-stakes appellate cases where he is brought in by other legal teams specifically for his appellate proficiency. In addition to Benchmark Litigation, Barry has been recognized as a leading lawyer by Chambers USA: America’s Leading Lawyers for Business, The International Who’s Who of Investigations Lawyers and The Legal 500 United States. He was the author of the “White Collar Crime” column in the New York Law Journal from 2002 – 2013 and is on the Board of Editors of the White Collar Crime Reporter. His recent publications include “The Right of the People to Be Secure in Their Digital Papers,” published in Bloomberg BNA Privacy and Security Law Report, and “The Reporter’s Privilege in New York: A Protected Class,” a chapter in Inside the Minds: New Developments in Evidentiary Law in New York, published by Thomson Reuters/Aspatore. Barry is a Fellow of the American College of Trial Lawyers, former President of the New York Council of Defense Lawyers, and Chair of the Executive Committee of the Fund for Modern Courts and Committee for Modern Courts, non-profit organizations dedicated to judicial reform in New York State. He served on the Board of Directors of the Legal Aid Society (Chairman of the Audit Committee) and received awards in 2005 and 2006 for Outstanding Pro Bono Service for his advocacy. He received his J.D. from New York University School of Law and his B.A. from Duke University.

Otto G. Obermaier
Mr. Obermaier is a principal in Martin Obermaier, LLC with retired District Court Judge John S. Martin, Jr. He served as United States Attorney for the Southern District of New York from 1989 to 1993.
Robert G. Morvillo
Mr. Morvillo (deceased) was a principal in the New York firm of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C.
Robert J. Anello

Mr. Anello, a principal in the law firm of Morvillo Abramowitz Grand Iason & Anello PC, has litigated in the federal and state courts for more than thirty years. He focuses his practice on white collar criminal defense, regulatory enforcement matters, complex civil litigation, internal investigations and reviews, and appeals. Mr. Anello has been named a leading lawyer by Chambers USA: America's Leading Lawyers for Business in the area of Litigation:White Collar Crime & Government Investigations. His white collar practice involves representing defendants charged with a wide range of business crimes,regulatory and tax violations, and civil frauds. His clients include individuals and public and private companies such as financial institutions, Fortune 500 companies, defense contractors, and law firms. Mr.Anello is widely recognized for his dedication to organizations serving the legal community. He currently serves as President of the Federal Bar Council,as a Fellow of the American College of Trial Lawyers, and as a Fellow of the American Bar Foundation and the New York State Bar Foundation. Mr. Anello is an author of the White Collar Crime column for the New York Law Journal and is a regular contributor to The Insider Blog on Forbes.com. He is a frequent contributor to numerous other publications and a speaker on topics in the areas of white collar criminal law, securities law, professional ethics, and trial tactics. He also serves on the Litigation Advisory Board of Bloomberg BNA, one of the leading sources of legal, regulatory, and business information. Mr. Anello received his law degree with magna cum laude honors from Syracuse University College of Law, where he was a member of the Order of the Coif and was the Staff Editor and Notes and Comments Editor of the Syracuse Law Review. Mr. Anello received his undergraduate degree from SUNY-Albany.

Volume 1

Defending the Criminal Antitrust Action

§ 1.01 The Elements of an Offense
§ 1.02 Defending a Criminal Antitrust Action: The Pre-Indictment Stage
[1] The Civil Investigation as Prelude
[2] The Grand Jury Investigation
[3] Prosecutorial Discretion
[4] The Corporate Amnesty Program
§ 1.03 Pre-Trial Motions
[1] Defects in the Initiation of the Prosecution
[2] Motion for Bill of Particulars
[3] Motion to Change Venue
[4] Motion for Severance
[5] Evidentiary Motions
§ 1.04 Pleas and Plea Bargaining
§ 1.05 Multiple Representation
§ 1.06 Sentencing
[1] Federal Sentencing Guidelines
[2] Alternative Sentencing
[3] Corporate Sentencing

Banking Crimes

§ 2.01 Introduction
§ 2.02 The Bank Secrecy Act
[1] An Outline of the CTR Filing Requirements
[2] Penalties for CTR Filing Violations
[3] Criminal Prosecution of CTR Filing Violations
[4] SAR Filing Requirements
§ 2.03 Bank Bribery
[1] The Statute
[2] The History of the Current Statute
[3] Cases Applying the Statute
[4] Administrative Guidelines
§ 2.04 Misapplication
[1] Misapplication v. Embezzlement
[2] Elements of Misapplication—Illustrative Cases
§ 2.05 False Entries in Bank Records and Reports and Unlawful Participation
[1] False Entry
[2] Entry Made or Caused by the Defendant
[3] Intent to Injure or Defraud
[4] Bank’s Deposits Were Federally Insured
[5] Unlawful Participation
§ 2.06 False Loan and Credit Applications
[1] Elements of the Offense
[2] Cases Applying the Statute
§ 2.07 Mail and Wire Fraud
[1] Mailing of Bank Statements
[2] Fictitious Banks
[3] Credit Cards
§ 2.08 Bank Fraud
[1] Scope of Statute
[2] General Principles of Interpretation
[3] Cases Applying the Statute
§ 2.09 The Banking Crimes Defined by the Financial Institutions Reform

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