Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 86
WHITE COLLAR CRIME
Section
§ 86.01 Introduction
§ 86.02 Corporate Officer Liability
§ 86.03 Substantive Crimes
§ 86.04 --Embezzlement
§ 86.05 --False Statements
§ 86.06 --False Entries
§ 86.07 --Bank Fraud
§ 86.08 -- --Crimes by Bank Employees
§ 86.09 -- --Crimes by Bank Customers
§ 86.10 -- --Bank Fraud Summary
§ 86.11 --Bribery
§ 86.12 --Mail and Wire Fraud
§ 86.13 Obstruction of Justice
§ 86.14 Environmental Crimes--Clean Water Act
§ 86.15 --Clean Air Act
§ 86.16 --Miscellaneous
§ 86.17 Miscellaneous State Crimes
§ 86.01 Introduction
What crimes constitute white collar crime is somewhat amorphous
and wide-ranging. In general, white collar crime can be defined as those
crimes that take place in a business or commercial context. This could
include crimes by a business’s agents, employees, officers, or principals
against other persons, business, or the government (or the public at
large). As one might glean from the foregoing, this encompasses a
virtually endless list of crimes.
Corporations and corporate officials are not permitted to hide behind
any corporate veil if they have committed a criminal act. White collar
prosecutions have seen a dramatic increase in recent years as contrasted
with ten to fifteen years ago. As a result, corporate counsel and business
managers are prudent to have a knowledge of the potential implications
of white collar crime. This Chapter considers the basis for invoking
criminal liability on business managers and officers and reviews some of
the most common crimes. Enforcement is not limited to traditional
crimes such as murder, kidnapping, and bribery but more often involves
enforcement of commercial, business, and environmental statutory
provisions. Environmental and securities statutes, for example, contain
criminal penalties for parties who violate their provisions or fail to
undertake ordered action. Regulations are increasing in numbers which
require corporations to fully understand and learn of the serious
consequences that formerly only existed for the commission of a
traditional crime. It must be noted that white collar crime is broad
enough to encompass many areas of liability not addressed in this
Chapter but addressed elsewhere in this text.
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis