I. INTRODUCTION This Article dis...

I. INTRODUCTION

This Article discusses criminal transaction issues that are particularly relevant to white collar crime litigation. (1) Section II discusses the initiation of white collar criminal prosecutions. Section III examines issues arising from parallel civil and criminal proceedings. Finally, Section IV addresses issues that at short intervals surface during white collar crime litigation concerning attorney representation.

II. INITIATION OF PROSECUTION

A prosecutor has broad discretion to determine whether and in what way to charge a putative defendant. In United States v Batchelder, (2) the highest Court held that a prosecutor may charge a defendant in subordination to either of two overlapping statutes whose penalties differ.