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Ellen S. Podgor, Association of American Law Schools Panel on the International Criminal Court, 36 Am. Crim. L. Rev. 223 (1999)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Criminal Discovery of Jencks Witness Statements: Timing Makes a Difference, 15 Ga. St. U. L. Rev. 651 (1999)Clicking on the button will copy the full recommended citation.
This article, written in 1999, reflects on the timing of federal criminal discovery, specifically witness statements held by prosecutors. It initially examines the Jencks case, the Jencks Act, and Rule 26.2 of the Federal Rules of Criminal Procedure. It describes a survey conducted by the author that examined practice throughout the United States in providing Jencks material to defense counsel in federal criminal cases. Although it was found that most prosecutors provide materials to the defense in advance of the witness testifying, the survey also showed the lack of uniformity in the discovery process. The defense is placed at a serious disadvantage, especially in white collar cases, when they receive discovery late in the trial. This article argues that in order for the prosecution and defense to be “fairly evenly matched,” the discovery process needs to be opened.
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Ellen S. Podgor, Mail Fraud: Redefining the Boundaries, 10 St. Thomas L. Rev. 557 (1998)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Joel R. Podgor, Criminal Cases and the Investigative Accountant, in Litigation Services Handbook, 1998 Cumulative Supplement: The Role of the Accountant as Expert (Roman L. Weil et al. eds., 2nd ed., Wiley, 1998)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Globalization and the Federal Prosecution of White Collar Crime, 34 Am. Crim. L. Rev. 325 (1997)Clicking on the button will copy the full recommended citation.
Omitted from most of the recent discussions on the federalization of criminal law is the impact of federal investigations and prosecutions involving international activities. This essay specifically focuses on the international flavor developing in the prosecution of white collar crime. It discusses statutes with clear legislative language indicating extraterritoriality through either a direct international focus (Foreign Corrupt Practices Act), or through the specific incorporation of an extraterritorial provision in the statute. The essay next addresses judicial interpretation of white collar statutes where there has been no explicit reference to extraterritoriality in the statute. Jurisdiction bases in international law also are considered in the essay. The essay offers a sampling of the jurisdiction questions that have arisen as a result of white collar criminal activity exceeding the borders of the United States.
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Ellen S. Podgor, State and Local Entities as RICO Enterprises: A Matter of Perception, 98 West Va. L. Rev. 853 (1996)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Lawyer Professionalism in a Gendered Society, 47 S.C. L. Rev. 323 (1996)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Book Review, Professional Responsibility of the Criminal Lawyer, 20 Champion (1995)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Essay, Corporate and White Collar Crime: Simplifying the Ambiguous, 31 Am. Crim. L. Rev. 391 (1994)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Mail Fraud: Limiting the Limitless, 18 Champion 4 (1994)Clicking on the button will copy the full recommended citation.