California White Collar Crime and Business Litigation

9780997564822: California White Collar Crime and Business Litigation

The definitive book on California White Collar CrimeThe book is divided into two parts. The first part is designed to be a survey of the current state of the law in the major substantive areas commonly viewed as white collar crime. We have added a number of categories appropriate for modern discussion, including computer crime, regulatory offenses, commercial bribery, and political and legal abuse crimes. Although the book focuses on criminal and civil offenses, it includes extensive coverage of the regulatory mechanisms designed to prevent or ameliorate many of the most common and damaging white collar offenses. The second part addresses procedural issues common to white collar crime investigation, to prosecution, and to regulatory controls intended to prevent major white collar abuses. Since white collar crimes often involve required proof of specific intent, and since they turn on words and documents rather than on gross physical and unambiguous acts, the precise words and intended meaning of the parties involved must often be established with clarity. Further, white collar offenses are perpetrated by those often aware of their actions and clever enough to be secretive. Hence, undercover techniques, document discovery, regulatory inspections, administrative subpoenas and similar methods of investigation areoften critical. Many of these means of investigation raise legitimate constitutional issues. Rights of privacy and numerous societal privileges must be balanced against society's need to create fair and honest markets and a noncorrupt political and legal system. The second part of this book explores these issues as they affect white collar crime investigation and regulatory techniques.

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