Fraud

Syllabus for Commercial Fraud
Fall 2003
Professors Byrne and Dennis 1. Materials to be used for class are: Commercial Fraud has not been a traditional subject of legal studies. As a result, there is no case book treatment available. The materials will be assigned throughout the semester and will include UN Notes and preparatory papers, essays, reports of cases, and miscellaneous documents. Inaddition, students are requested to read The Myth of Prime Bank Fraud (Byrne, ed.) (3rd Ed.) and R. Cialdini, Influence, which will form a basis for the class sessions. From time to time useful supplementary materials will also placed on reserve for reading or copying and, if so, also made available through the University Copy Center. 2. Objectives Parallel to the legitimate world of internationalcommerce and finance, there exists an alternative universe of commercial fraud. While there is a criminal dimension to commercial fraud, there is a significant non-criminal dimension to combating it. Indeed, commercial fraud is a matter of the gravest concern for commerce and commercial law because, apart from direct and indirect losses, it poses a serious threat to the integrity of the tools andinstitutions of international trade and finance which underlie all commerce. Commercial Fraud encompasses financial fraud, commodity fraud, and fraud regarding the sale and delivery of goods. One of the significant problems in dealing with it is the lack of a systematic study of its nature and of the role of law in combating it. This course is designed to begin that study in the context ofcoordination of actual efforts to combat commercial fraud and of the drafting of papers for an International Colloquium summoned by the United Nations Commission on International Trade Law to meet on 14 16 April 2004 in Vienna. The goals of the course are to expose students to the various aspects of commercial fraud, to acquaint them with the methodology of analysis of an ill-defined area, to providethem with an opportunity to exchange views with internationally recognized experts, and to enable them to explore an aspect of commercial fraud that is of interest to them, and, incidentally, to give them experience in making oral presentations. 3. Grades & Examination The grades will be based on an oral presentation relate to a paper which must be submitted. Students may select any topic that is ofinterest to them within the wide range of commercial fraud. The paper may relate to the UNCITRAL Colloquium or a case study of a current commercial fraud. During the process of preparation, each student must meet with Professor Byrne for a discussion of the topic and the paper in lieu of a class session.

The schedule for the papers is as follows: 1.) Written proposal stating the topic, itsscope, the method of research, and the approach to be taken, together with a proposed outline: 18 September 2003; 2.) Initial draft: 1 October 2003 with copies emailed or supplied for each class member; 3.) Presentation & Critique: At scheduled classes during October and November 4.) Final paper by 12 December 02. The paper will be graded on its professionalism, the rigor of its methodology andanalysis, and the ability to organize data and approach the topic. 4. Class Participation, Assignments, & Outside Assignments It is expected that students will be regularly prepared for class as part of the attendance requirements. Reading assignments will be given as soon as possible and not later than the previous class. Preparation includes the completion of class assignments. 5. Attendance Aseating chart will be circulated at the first class. Students are responsible for selecting a seat. Attendance will be taken at the beginning of each class based on this chart. Any student not seated in the seat selected at the time class is scheduled to begin will be marked absent. Anyone coming to class after attendance has been taken is responsible after class for advising the instructor of his or...