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Reviews In Review
By Ellen S. Podgor
Reviews in Review columns.
Perjury And Obstruction
Stuart P. Green, Uncovering the Cover-Up Crimes, 42 American Criminal Law Review 9 (2005):
White collar crime is a hot topic in the news these days with “Scooter” Libby being charged with false statements, false declarations, and obstruction of justice. Professor Stuart Green, in an article written before this recent indictment, provides a comprehensive analysis of the key statutes prosecutors use when charging what he calls “cover-up crimes.” He provides examples of such prosecutions in the cases of Frank P. Quattrone, Martha Stewart and Arthur Andersen, LLP. In total, he focuses on five crimes: obstruction of justice, perjury, contempt, false statements, and misprison of felony.
Professor Green provides an approach for assessing whether the acts should constitute criminality, civil sanctions, or be left unpunished. Although one may not agree with his framework, it is likely that there will be agreement that a methodology is needed to provide a restraint on pro
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