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Defending White Collar Crime in State Court: Challenges and Solutions
By Frank S. Perri
It appears that since the post-Enron scandal, prosecutors have become
more sensitive to financial crimes. Many of the district attorney’s
offices may not necessarily handle white collar crime cases that involve
the same level of complexity as the Enron case, but even
straightforward employee embezzlement cases that a typical district
attorney’s office may handle can be a challenge to defense counsel.
Although public defenders and the private defense bar handle a full
range of crimes, the experience of defending white collar criminals can
be dramatically different from non-white collar crimes.
Defense counsel may be overwhelmed with the quantity of financial
paperwork that the prosecution might produce, especially if counsel
deals more in the narcotics, violent and property crime genre. There is a
lack of state statutory and case law guidance on white collar crime
issues concerning discovery matters assisting both the defense and the
prosecution in understan
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