Table Of ContentWEST ACADEMIC PUBLISHING’S
EMERITUS ADVISORY BOARD
—————
JESSE H. CHOPER
Professor of Law and Dean Emeritus
University of California, Berkeley
YALE KAMISAR
Professor of Law Emeritus, University of San Diego
Professor of Law Emeritus, University of Michigan
MARY KAY KANE
Late Professor of Law, Chancellor and Dean Emeritus
University of California, Hastings College of the Law
LARRY D. KRAMER
President, William and Flora Hewlett Foundation
JAMES J. WHITE
Robert A. Sullivan Emeritus Professor of Law
University of Michigan
WEST ACADEMIC PUBLISHING’S
LAW SCHOOL ADVISORY BOARD
—————
JOSHUA DRESSLER
Distinguished University Professor Emeritus
Michael E. Moritz College of Law, The Ohio State University
MEREDITH J. DUNCAN
Professor of Law
University of Houston Law Center
RENÉE M�DONALD HUTCHINS
Dean and Joseph L. Rauh, Jr. Chair of Public Interest Law
University of the District of Columbia David A. Clarke School of Law
RENEE KNAKE JEFFERSON
Joanne and Larry Doherty Chair in Legal Ethics &
Professor of Law, University of Houston Law Center
ORIN S. KERR
Professor of Law
University of California, Berkeley
JONATHAN R. MACEY
Professor of Law,
Yale Law School
DEBORAH JONES MERRITT
Distinguished University Professor,
John Deaver Drinko/Baker & Hostetler Chair in Law Emerita
Michael E. Moritz College of Law, The Ohio State University
ARTHUR R. MILLER
University Professor and Chief Justice Warren E. Burger Professor of
Constitutional Law and the Courts, New York University
GRANT S. NELSON
Professor of Law Emeritus, Pepperdine University
Professor of Law Emeritus, University of California, Los Angeles
A. BENJAMIN SPENCER
Dean & Chancellor Professor of Law
William & Mary Law School
WHITE COLLAR
CRIME
®
IN A NUTSHELL
SIXTH EDITION
ELLEN S. PODGOR
Gary R. Trombley Family
White-Collar Research Professor
Professor of Law
Stetson University College of Law
JEROLD H. ISRAEL
Alene and Allan F. Smith
Professor of Law Emeritus
University of Michigan Law School
Ed Rood Eminent Scholar Emeritus
University of Florida
Fredric G. Levin College of Law
MIRIAM H. BAER
Professor of Law
Brooklyn Law School
GREGORY M. GILCHRIST
Professor of Law
University of Toledo College of Law
2
The publisher is not engaged in rendering legal or other professional
advice, and this publication is not a substitute for the advice of an
attorney. If you require legal or other expert advice, you should seek
the services of a competent attorney or other professional.
Nutshell Series, In a Nutshell and the Nutshell Logo are trademarks
registered in the U.S. Patent and Trademark Office.
COPYRIGHT © 1993 WEST PUBLISHING CO.
© West, a Thomson business, 1997, 2004
© 2009 Thomson Reuters
© 2015 LEG, Inc. d/b/a West Academic
© 2022 LEG, Inc. d/b/a West Academic
444 Cedar Street, Suite 700
St. Paul, MN 55101
1-877-888-1330
West, West Academic Publishing, and West Academic are trademarks
of West Publishing Corporation, used under license.
Printed in the United States of America
ISBN: 978-1-64708-286-4
iii
Dedicated to
Cheryl L. Segal
My Students, Past and Present
Kamie K. Yang
v
PREFACE
—————
White collar crime is a relatively new concept,
having first achieved recognition in 1939. Despite its
short life, white collar crime has quickly grown to its
present status of being a major focus of the
Department of Justice. This Nutshell is intended to
provide to students a general overview of this
growing area. It is hoped that this book will assist in
providing a structure to a basically unstructured body
of law.
Because of the general focus of this book, it is not
recommended as a source for deciding a specific
legal issue. Cases were selected for this book to be
illustrative, rather than comprehensive of each area
being discussed. Specific crimes were selected to
provide a sampling of the wide array of crimes
encompassed within this enormous body of law. This
book focuses on white collar crime in the federal
criminal context, and does not delve into
developments at the state and local level.
The second edition added the expertise of Jerold
Israel, resulting in its substantial expansion of the
coverage of procedural issues that impact white
collar crime. The third, fourth, and fifth editions
updated materials by adding new cases and statutory
developments that occurred since the prior editions.
Professor Jerold Israel did not participate in the sixth
edition, which added Professors Miriam H. Baer and
Gregory M. Gilchrist.
vi
It is important to note that the study of white collar
crime is a continuing study, with ever changing rules
and precedent. Many of the issues within white collar
crime, as noted throughout this book, have yet to be
resolved.
Following the fourth edition, Jerold H. Israel and
Ellen S. Podgor, along with Peter J. Henning and
Nancy J. King authored the Hornbook on White
Collar Crime (2013), with a second edition of that
book published in 2018. Throughout this sixth edition
of the Nutshell there are references to the Hornbook
2d and they appear using the letters WCH.
Thanks go to those who assisted with this updated
sixth edition, specifically Paul Borman, Peter J.
Henning, and Nancy J. King. Thanks also go to
Stetson University College of Law, Shannon Edgar,
and research assistant Tyler Spayd.
If you have any questions, you can email us at:
epodgor @ law. stetson. edu,
miriam. baer @ brooklyn. edu, and
[email protected].
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July 2021
