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Kirsten K. Davis, Avoid “Acrimony:” Get Rid of Blaming Language and Get Results, 14 The Professional 8 (2017)Clicking on the button will copy the full recommended citation.
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Anthony Palermo, Watch Your Standing: Don’t Trip on a Litigation “Oddity”, 28 Lawyer Magazine 60 (2017)Clicking on the button will copy the full recommended citation.
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Anthony Palermo, The Parental Leave Rule: A Procedural Rule for Effecting Change, Corporate Counsel: ABA Young Lawyers Division Newsletter 5 (2017)Clicking on the button will copy the full recommended citation.
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Kristen David Adams and Candace Zierdt, International Sale of Goods, 72 Bus. Law. 1165 (2017)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Transborder Crime, Corruption, and Sustaining Illegal Armed Groups in Latin America, Small Wars Journal (2017)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Worlds Apart: The Legal Challenges of Suborbital Flights in Outer Space, 49 N.Y.U. J. Int'l L. & Pol. 1033 (2017)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, Keep Tinkering: The Optimist and the Death Penalty, 70 Ark. L. Rev. 349 (2017)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose and Alicia Renee Tarrant, Child Sex Trafficking and Adoption Re-Homing: America’s 21st Century Salacious Secret, 7 Wake Forest J.L. & Pol'y 487 (2017)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Living with Banks: Trends and Lessons from the First Five Years, 46 Stetson L. Rev. 391 (2017)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, “What Kind of a Mad Prosecutor” Brought Us This White Collar Case, 41 Vt. L. Rev. 523 (2017)Clicking on the button will copy the full recommended citation.
Prosecutors have enormous charging and plea discretion, although this discretion is not “unfettered.” This Essay examines this discretionary function when prosecutors in white collar cases stretch statutes beyond the statutory language, congressional intent, or policy. This Essay looks at three areas of white collar crime that have seen prosecutorial statute stretching: fraud, obstruction-of-justice, and bribery. Within each of these areas, there are examples of cases requiring judicial oversight to halt these prosecutorial practices. This Essay concludes by noting that prosecutors who stretch statutes do a disservice to our criminal justice process, as it is important to strictly construe white collar statutes to assure that criminal conduct is recognized and conformity with the law is promoted.