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Ellen S. Podgor, Computer Crime, in Encyclopedia of Crime and Justice (J. Dressler ed., 2nd ed., Macmillan Reference Books, 2001)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Do We Need A Beanie Baby Fraud Statute?, 49 Am. U. L. Rev. 1031 (2000)Clicking on the button will copy the full recommended citation.
This Essay examines the appropriate line in legislative drafting between the overly generic fraud statute (e.g., mail fraud) and the addition of an overly specific statute, such as "Beanie Baby" fraud. Clearly, issues of federalism warrant consideration to determine whether the conduct belongs in the realm of the state and local prosecutor or more aptly in the federal system. Likewise, the scope of the federal statute needs to be clear in order to avoid ambiguity, overbreadth, and application of the Rule of Lenity.
This Essay looks to a third factor for considering the propriety of the legislation: Whether the statute is designed to advance the historic roles provided to each of the three branches of government. When legislation accords a fair balancing to the executive, legislative, and judicial bodies, the appropriate line between the generic and specific statute is achieved.
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Ellen S. Podgor, The Ethics and Professionalism of Prosecutors in Discretionary Decisions, 68 Fordham L. Rev. 1511 (2000)Clicking on the button will copy the full recommended citation.
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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, Criminal Fraud, 48 Am. U. L. Rev. 729 (1999)Clicking on the button will copy the full recommended citation.
Fraud is an integral aspect of several criminal statutes. This article describes the spectrum of fraud offenses, noting the amorphous nature of the "concept" of fraud.
The Article initially considers the definition of fraud. It looks at when fraud serves as the object of an offense. It focuses here on mail fraud, wire fraud, and conspiracy to defraud. Finally it examines how best to limit fraud statutes.
Although some may believe that certain generic fraud statutes need to be left as "stopgap devices" until the legislature has the opportunity to pass "particularized legislation," such a view transfers the decision-making authority to the executive. This Article advocates for increased specificity in fraud statutes, although it does not call for increased criminalization.
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Ellen S. Podgor and Bernadette Hartfield, Foreword: Race and Criminal Justice, 40 B.C. L. Rev. 701 (1999)Clicking on the button will copy the full recommended citation.
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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.