Criminal Law

Wharton's Criminal Law thoroughly examines and analyzes the phases of substantive criminal law in state and federal jurisdictions.

Straightforward presentation of each element in the most common criminal offenses, including references to the Model Penal Code.

Federal Criminal Appeals offers guidance for handling and adjudicating federal criminal appeals, including the role of appellate counsel, jurisdiction, appealability, scope and standards of review, and brief-writing and oral argument skills. Key decisions from the various federal Circuits and the Supreme Court are covered in each annual edition.

U.S. Attorneys' offices have become more aggressive. Prosecutors are more frequently refusing to produce witness statements before a detention hearing or loading the proffer letter with exceptions. Combat many of these changes by employing tips, arguments, and forms in Federal Criminal Practice.

This book examines the nature, history and statutory bases of the determination, imposition and collection of restitution as part of a sentence upon the conviction of a federal criminal offense. It focuses upon the statutory authority as well as the case law interpreting that authority. It also reviews crucial sentencing and post-sentencing procedures that can validate or invalidate a restitution order and affect its enforcement. In addition, it describes the significant developments of the Crime Victim's Rights Act, and how that law intersects restitution law.

Federal Criminal Trials is the definitive volume on federal criminal procedure, rules of evidence, and constitutional protections. Enhance your knowledge of the criminal trial process as it relates to constitutional protections, federal criminal procedure, rules of evidence, latest citations from all circuits, and complex pre- and post-trial issues. Federal prosecutors in the Department of Justice have used this handbook as the authoritative courtroom reference since 1946. Lawyers in state courts using the Federal Rules of Evidence also find it to be an invaluable reference tool. You'll gain instant access to cases with the easy-to-use numbering system, which provides quick entry into federal constitutional and evidentiary issues. Subtopics cited with chapters offer quick accessibility to topics such as: search and seizure, Fifth and Sixth Amendment protections, enforcement of subpoenas, discovery, admissibility, hearsay exceptions, rebuttal, weight and relevancy of evidence. Contains up-to-date Amendments to the Federal Rules of Criminal Procedure and the Federal Rules of Evidence.

Federal Habeas Manual is a publication that analyzes the sweeping changes to federal habeas corpus practice that were enacted by the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996. This database will walk you through the particularly thorny area of federal habeas practice.

The significance of postconviction remedies has greatly increased due to the nationwide trend to impose harsher punishments on repeat offenders. This title keeps you up-to-date on recent changes in federal postconviction procedure. It deals at length with the six principal federal postconviction remedies for federal convicts, and federal habeas corpus remedy for state convicts. Forms, appendixes, and an extensive bibliography are also included.

Federal Sentencing Law and Practice contains the complete text of the Federal Sentencing Guidelines. Includes expert explanation and analysis of each section to enhance understanding. The authors of Federal Sentencing Law and Practice provide a balanced approach to changing developments in sentencing issues. Depend on this source to bring you Official Commentary, Historical Notes and Authors' Commentary. Federal Sentencing Law and Practice examines the factors used in determining the guideline range, nature of the offensive conduct, possible adjustments to the guideline sentence, the defendant's criminal history, how a particular sentence is calculated and procedures for plea agreements.

Federal Trial Handbook: Criminal provides a concise and authoritative treatment of issues and problems that often confront practitioners during their preparation for or conduct of criminal trials in federal court.

Practice Under the Federal Sentencing Guidelines contains the full text of the publication Practice Under the Federal Sentencing Guidelines, 6th Edition. It is authored by Prof. David J. Gottlieb, Phylis Sklott Bamberger, and published by Wolters Kluwer/Aspen Publishers. It provides extensive discussion and current citations of the hundreds of important cases interpreting the federal sentencing guidelines. This publication does not include Archival Appendices.

This wide-ranging treatise examines all the complex constitutional issues involved in criminal law. Criminal Constitutional Law provides substantive discussion, as well as procedural guidelines on tactics and strategy. The treatise analyzes all important Supreme Court, federal and state decisions interpreting Constitution provisions. Procedures mandated by the constitution for police, the courts, the prosecution and the defense at each stage of the criminal process are thoroughly scrutinized, with discussions of: * Prohibition of unreasonable searches and seizures, including "good faith" exceptions * Protection against compulsive self-incrimination and compelled testimony Prohibition against excessive bail * Obligations of due process and equal protection * Right to counsel, right to a jury trial, and rights of appeal First published in 1990.

Business Crime: Criminal Liability of the Business Community is the most complete guide to the many criminal questions that can arise in modern business practice. Provides how-to guidance for: setting up compliance programs to prevent corporate liability; effectively conducting internal corporate investigations, and parallel administrative, civil and criminal proceedings. Also included are: * Authoritative discussions of substantive law, including comprehensive coverage of insider trading and fraud against the government * Tactical and case law information you need for grand jury representation or monitoring criminal counsel * Forms covering every area and stage of business crime practice First published in 1981.

Criminal Tax Practice includes: Organization of the Internal Revenue Service Compliance Divisions; The Criminal Tax Investigation: Criminal vs. Civil; Recognizing a Criminal Investigation; Criminal Investigation Programs; Sources of Criminal Cases; Methods of Proving Income; Investigative Techniques; Overt Phases of Investigation; Use of Administrative Summons; Duration of Criminal Investigations; Prosecutorial Standards & Policies; Investigative Processes; Types of Investigations; Closing Reports; The Administrative Review Process; Statutes Investigated; Defenses to Criminal Tax Charges; Representing a Taxpayer Prior to the Commencement of a Criminal Investigation; Representing a Taxpayer After a CID Investigation Has Commenced; The Grand Jury's Role in Tax Investigations; Federal Sentencing Guidelines.

This treatise provides defense practitioners with strategies for representing clients in federal racketeering cases. It presents a history of the development of the RICO statute and an explanation of its basic elements - criminal enterprise, predicate offenses, pattern of racketeering activity. In addition, the author discusses RICO conspiracy charges and other offenses under RICO, and guides the practitioner through the various phases of a RICO case, from investigation to appeal. It is authored by a former U.S. Attorney with significant experience in both criminal prosecution and defense contexts. The authors provide practical advice and strategies for all aspects of the case and guidance to avoid the most common pitfalls.

This definitive treatise deals with unresolved issues including: the four-year statute of limitations; due process; the evolving definitions of "pattern" and "enterprise"; determination of predicate acts, including mail, wire and securities fraud; potential applications of RICO in commercial fraud; causation, injury and scope of damages; pretrial seizure of assets and forfeiture of assets; criminal "mega-trials"; parallel proceedings and collateral consequences; and government civil RICO. The book also keeps you up to date on Supreme Court cases and the latest judicial interpretations of many important issues, including the survival of RICO actions after death.

Money laundering is the cornerstone of any successful criminal enterprise. The successful movement of illicit funds through financial institutions provides the lifeblood for continuing illegal organizations. This source is intended to be a comprehensive desk reference for White Collar practitioners, banking lawyers, accountants, and officers and directors of financial institutions or other regulated institutions that face the risk of money laundering. To that end, the first two chapters trace the development of the money laundering statutes and provide a guide to the money laundering terminology used by Congress, as interpreted by the federal courts. Succeeding chapters follow the statutes in discussing law of promotion money laundering, concealment money laundering, tax money laundering, Bank Secrecy Act money laundering, and government sponsored "sting" money laundering, together with the inchoate offenses of money laundering conspiracy (as distinct from the general conspiracy statute, 18 U.S.C.A. § 371) and attempted money laundering. International money laundering, in all its forms, is analyzed and discussed, as are § 1957 offenses arising from transactions in the proceeds of specified unlawful activity. This treatise concludes with an analysis of the sentencing of offenses under both § 1956 and § 1957 of the statute.

Covers virtually all legal issues relating to unwinding Ponzi schemes. The Ponzi Book is relevant and timely, given the increased exposure of Ponzi schemes and the substantial litigation that has ensued in the quest to find assets and to make investors whole. Designed to be a comprehensive guide to the complex issues that arise in Ponzi schemes, The Ponzi Book includes a thorough legal analysis to support competing claims and defenses of affected parties, and contains a sophisticated discussion of the administrative practicalities that arise in Ponzi cases. Both practitioners in the field and parties affected by a Ponzi scheme can benefit from the comprehensive coverage of issues in The Ponzi Book. Several chapters are dedicated to increasingly common fraudulent transfer claims (clawbacks) and preference claims arising in Ponzi schemes, along with the defenses that investors, brokers and others can assert to those claims. The book also includes a detailed discussion of a broad array of litigation claims that can be pursued against any type of defendant with culpability or liability due to its involvement in a Ponzi scheme. Separate chapters are dedicated to each of the complicated legal issues of deepening insolvency, standing, and in pari delicto as they arise in Ponzi litigation. Since Ponzi schemes usually involve related criminal proceedings, the book also covers Fifth Amendment and other privilege issues as well as a detailed analysis of what happens to competing claims for assets in parallel insolvency and criminal proceedings. For those seeking to recover assets, several chapters discuss prejudgment remedies available to freeze assets, contempt proceedings, and service issues both internationally and domestically. The ultimate end game for claimants and those administering the unwinding of a Ponzi proceeding is the claims and allowance and distribution process, and this book offers a sophisticated review of differing approaches and methodologies available in the claims review process. Finally, the highlights of recent changes in the tax laws relative to tax relief for Ponzi victims are covered to raise awareness of these issues for victims and their tax advisors.

This handy one-volume resource, Military Crimes and Defenses, offers an in-depth look at the substantive aspects of military justice and is designed to help both the experienced practitioner and the novice find his or her way through the punitive articles of the Uniform Code of Military Justice. It covers the myriad aspects of writing the charges and specifications, analyzing possible defenses and possible instructions to the court members. Each punitive article is presented separately, followed by a detailed analysis and discussion. Coverage for each article focuses first on the official text of the article, then provides a discussion of the offense, including its history, what the prosecution must prove, applicable case law, and a discussion about possible defenses. For each article, the maximum punishment, possible lesser-included offenses, sample specifications, and sample instructions from the Military Judges' Benchbook are included. This guide also includes background on the military justice system, coverage of court-martial jurisdiction, and a chapter on defenses, for an all-in-one source on substantive military law.

Corporate Criminal Liability and Prevention provides essential guidance on all aspects of this critical area-the sources of corporate criminal liability, the immediate and collateral consequences of conviction, and the available defenses to, and limitations on, liability. This up-to-date guide also examines current prosecutorial discretion standards, amnesties and sentencing guidelines. It instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.

There are many consequences of conviction that can drastically impact your client's livelihood, privacy, and personal freedom. Judges, prosecutors, defenders, and defendants often are unaware of the collateral effects of criminal offenses. A judgment or admission of guilt, admission to facts sufficient to warrant a finding of guilt, or sometimes the mere fact of a criminal charge may have a devastating impact on a defendant's employment, home, transportation, education, family, citizenship, or quality of life. Crime and Consequence is full of alerts and practical pointers as to how to avoid or minimize the many consequences of criminal conduct and conviction. Guidance is offered on such practical matters as how a guilty plea can impact one's housing eligibility; the authority of the RMV to act pursuant to a court-ordered suspension of a driver's license; and how criminal proceedings may affect immigration status, university disciplinary decisions, and professional licensing. A must-have for anyone who represents or prosecutes persons charged with crimes.