Public corruption / Jonathan Kravis, Carissa Byrne Hessick.

Format:

Book

Author/Creator:

Kravis, Jonathan, author.

Hessick, Carissa Byrne, author.

Language:

English

Subjects (All):

Political corruption--Law and legislation--United States.

Political corruption.

Political corruption--Law and legislation.

United States.

Genre:

Casebooks (Law)

Physical Description:

xv, 416 pages ; 26 cm

Place of Publication:

Durham, North Carolina : Carolina Academic Press, LLC, [2022]

Summary:

"This coursebook covers the law of public corruption. Drawing on key cases, recent court filings, and other practice materials, the book examines the range of criminal statutes that come into play when a federal, state, or local official serves his or her own interest ahead of the public good, as well as statutes that are intended to regulate the political process more generally. The book incorporates doctrinal, theoretical, and practical approaches to this topic, and includes hypotheticals and skills exercises to guide discussion. This book is a valuable teaching tool for seminars and lecture courses on white collar crime"-- Provided by publisher.

Contents:

Machine generated contents note: ch. 1 Introduction

ch. 2 "Official Acts" and Corruption

I. Introduction

II. Bribes vs. Gratuities

United States v. Sun-Diamond Growers

Note: Bribe vs. Gratuity

Note: The "Status Gratuity"

McDonnell v. United States

Note: The Reasoning of McDonnell

Note: The Unperformed Official Act

Hypothetical

III. Effect of McDonnell

Note: A Possible Response to McDonnell

United States v. Silver

Note on Silver

ch. 3 Proving Corrupt Intent

II. Circumstantial Evidence of Corrupt Intent

Nick Corasaniti, Opening Arguments in Menendez Trial Focus on the Meaning of Friendship

Matt Zapotosky, Rosalind Helderman, & Laura Vozzella, Defense Attorney: McDonnell Marriage Had "Broken Down"

Note: The Friendship Defense

III. Cooperators

Proffer Agreement

Cooperation Agreement

Immunity Letter

U.S. Sentencing Guideline Section 5K1.1: Substantial Assistance to Authorities

Note on Proffers, Cooperation, and Immunity

Hon. Stephen S. Trott, Words of Warning for Prosecutors Using Criminals as Witnesses

The Grand Jury

ch. 4 Federal Prosecution of State and Local Corruption

II. Extortion

Evans v. United States

Note on Evans

Ocasio v. United States

Note on Ocasio

III. Federal Program Bribery

Sabri v. United States

Fischer v. United States

Note on Sabri and Fischer

Note on Federalism

ch. 5 Mail and Wire Fraud

II. The History of Honest Services Fraud

McNally v. United States

Skilling v. United States

Note on Skilling: Undisclosed Conflicts of Interest

Note: The Nature of the Fiduciary Duty

III. Monetary Wire Fraud and Public Corruption

Kelly v. United States

Note on Kelly

Note on Interstate Wires

ch. 6 Campaign Finance

II. Background on the Election Act

III. Willfulness

United States v. Curran

Note on Curran and Mens Rea

IV. The Election Act and Constitutional Law

Citizens United v. FEC

Note on Citizens United

Note on Super PACs

V. Campaign Payment as Bribe

McCormick v. United States

Note on McCormick

VI. Election Crimes

Federal Prosecution of Election Offenses 8-9 (Richard C. Pilger ed., 8th ed. Dec. 2017)

Justice Manual § 9-85.215: Investigations of Federal Election Fraud

Memorandum: Post-Voting Election Irregularity Inquiries

Note: Federal Investigation of Election Crimes

ch. 7 Foreign Corruption

II. Conspiracy and the FCPA

United States v. Hoskins

Note on Hoskins

United States v. Napout

Note: Application of the FCPA to Foreign Public Officials

United States v. Concord Mgmt. & Consulting LLC

Note: Conspiracy to Defraud the United States

III. Corporate Criminal Liability

Justice Manual §§ 9-28.010 to 9-28.300

ch. 8 False Statements and Obstruction

II. Materiality

Government Motion to Dismiss, United States v. Flynn

Brief for Court-Appointed Amicus Curiae, United States v. Flynn

III. Mens Rea

- What Do You Have to Know?

IV. Concealment Schemes

United States v. Safavian

V. False Statements to Congress

Brian Heberlig, Congressional Gamesmanship Leads to an Acquittal in Deepwater Horizon Case

- United States v. David Rainey: A Case Study

Note on Rainey

United States v. North

United States v. Stone

VI. Obstruction Nexus Requirement

United States v. Aguilar

Note on Aguilar

VII. Obstruction Statutes and Principles of Statutory Interpretation

United States v. Bonds

Note on Bonds

Note: Martha Stewart and Scooter Libby

Arthur Andersen LLP v. United States

Note on Andersen

ch. 9 Independent Counsels and Special Counsels

II. Independent Counsel Act

Note on the Independent Counsel Act

Morrison v. Olson

Note on Morrison v. Olson

III. Special Counsel Regulations

In re Grand Jury Investigation

Note on Special Counsel Regulations

ch. 10 Constitutional Defenses

II. Legislative Immunity and Privileges

United States v. Brewster

Notes on Brewster

Gravel v. United States

Notes on Gravel

III. Presidential Immunity and Privilege

United States v. Nixon

Notes on Nixon

Trump v. Vance

Notes on Trump v. Vance

IV. Public Employees and the Privilege Against Self-incrimination

Garrity v. New Jersey

Notes on Garrity

V. The Vagueness Doctrine

Notes on Skilling

ch. 11 Public Corruption Law in the States

II. Substantive Law

State v. Begyn

Notes on Begyn

Notes on Logrolling

III. Immunity in the States

Ex parte Terry

Notes on Terry

Notes on Legal Privilege and Protection

ch. 12 The Future of Public Corruption Law

II. Legislation to Address Narrow Judicial Interpretations

U.S. Cong. Research Serv., R45479, Bribery, Kickbacks, and Self-Dealing: An Overview of Honest Services Fraud and Issues for Congress (Updated May 18, 2020)

Jennifer Ahearn, A Way Forward for Congress on Bribery After McDonnell

Notes: Prophylactic Rules

III. New Public Corruption Legislation

Notes on the Anti-Corruption and Public Integrity Act

The American Anti-Corruption Act

Notes on the American Anti-Corruption Act

IV. Special Counsel Reform

Jonathan Kravis & Jessie K. Liu, The Justice Department and the Rule of Law

Notes on Politically Sensitive Criminal Matters.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Kravis, Jonathan. Public corruption

ISBN:

9781531022167

1531022162

OCLC:

1289619070