Curriculum

Securities Fraud: Criminal and Regulatory Enforcement

Credits: 2.00
Faculty: Ernest Badway

This course focuses on the legal, procedural, ethical and practical issues that arise out of regulatory and criminal investigations in the securities industry. These cases may arise from litigation between private parties or other governmental investigations, but quickly develop into separate regulatory investigations, and, ultimately, may become criminal cases. The evolution poses difficult problems, requiring practitioners to weigh the possible consequences a decision in one proceeding may have in later proceedings. The course also examines the evolution of the law. As courts encounter and respond to novel legal strategies and tactics with government lawyers constantly look for new ways to combat fraud and the defense bar searching for new ways to protect and defend clients, the law adapts. When these cutting-edge efforts are challenged in court, they often result in a new and evolving body of case law.

Grading and Method of Evaluation

Letter grade only. Final exam. Students graded on class participation as well as the final examination. With permission of the instructor, a limited number of students may write a paper that satisfies the Upperclass Writing Requirement in lieu of the exam.