Monday, May 22, 2017
Ellen S. Podgor (Stetson University College of Law) has posted 'What Kind of a Mad Prosecutor' Brought Us this White Collar Case (Forthcoming 41 Vermont Law Review ___ (2017)) on SSRN. Here is the abstract:
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.