California White Collar Crime and Business Litigation

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This treatise deals with California law, but its analysis is relevant to the laws of all states, many of which follow California’s lead. Our materials are divided into two parts. The first part surveys the state of the law in the major substantive areas commonly associated with economic or white collar crime, including important new developments in such areas as high-technology crime, regulatory offenses, privacy law, and political and legal/professional crimes. Although the book focuses on criminal and civil offenses, it also addresses the regulatory mechanisms designed to prevent or ameliorate many of the most common and damaging economic offenses. The second part covers important procedural issues common to white collar crime investigation, prosecution, and regulatory oversight. Since white collar crimes often require proof of specific intent and may turn on words and documents rather than physical acts, evidence of the communications between parties is frequently crucial. And these economic offenses are typically perpetrated by actors who are aware of their actions and actively seek to hide them. As a result, this treatise addresses undercover techniques, document discovery, regulatory inspec¬tions, search warrants, administrative subpoenas, and other critical methods of investigation. In these processes, rights of privacy and personal privileges must be balanced against society’s need to promote fair and free markets and trustworthy political/legal systems.

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