'What Kind of a Mad Prosecutor' Brought Us this White Collar Case

14 Pages Posted: 4 May 2017 Last revised: 22 Mar 2019

See all articles by Ellen S. Podgor

Ellen S. Podgor

Stetson University College of Law

Date Written: May 3, 2017

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.

Keywords: white collar crime, criminal law, criminal procedure, prosecutor discretion

JEL Classification: K14

Suggested Citation

Podgor, Ellen S., 'What Kind of a Mad Prosecutor' Brought Us this White Collar Case (May 3, 2017). 41 Vermont Law Review 523 (2017); Stetson University College of Law Research Paper No. 2017-2. Available at SSRN: https://ssrn.com/abstract=2962463

Ellen S. Podgor (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States
727 562 7348 (Phone)

HOME PAGE: http://www.law.stetson.edu/tmpl/faculty/memberProfile.aspx?id=88

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