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Defending Business and White Collar Crime - Federal and State, Volume 1 - Second Edition

NCJ Number
96870
Author(s)
F L Bailey; H B Rothblatt
Date Published
1984
Length
575 pages
Annotation
This first volume of a two-volume work presents defense attorneys with proven methods of handling white-collar criminal cases, from the time the attorney is retained through tactics in the trial itself.
Abstract
Both substantive and tactical problems are detailed. Discussions of pretrial problems consider the retention of counsel, bail applications, pretrial strategy and tactics, several motions to suppress, change of venue, and motions addressed to the indictment. An examination of the Freedom of Information Act (FOIA) and pretrial discovery considers some of the ways FOIA can help the criminal defense attorney in gathering information needed for trial and posttrial proceedings. The need for counsel to carefully consider the multiple facets of the privilege against self-incrimination in every white-collar case is also discussed. Additional chapters focus on the representation of a grand jury witness and attorney-client privilege. Chapters on defending business and white-collar crimes deals with the preparation and trial of white-collar cases, general principles of evidence, defenses applicable to most white-collar crimes, the choice and briefing of an expert witness and cross-examination of an adverse expert. Ways of preparing for trial and sentencing so as to mitigate the sentence are also covered. The handling of tax evasion and avoidance cases and cases of banking fraud cases are discussed in detail. Chapter footnotes, bibliographies, and annotations are included. See NCJ 96871 for volume 2.