Advanced Diploma in Corporate, White–Collar and Regulatory Crime
Course available via distance / blended learning.
Over recent years discussion on crime has gradually focused more on corporate, white–collar and regulatory crime and has moved away from the more traditional “street crimes”
that graced the front pages. This shift is primarily due to the fallout from the international financial crisis and the profound impact this has had on the economy. There exists a heightened awareness of the catastrophic effects that offences of this nature can have on society. According to a PwC global economic crime survey, which was the most comprehensive study of its kind, “it comes as no surprise to learn that economic crime – such as fraud, IP infringement,
corruption, cybercrime, or accounting fraud – continues to be a major concern for organisations of all sizes, across all regions and in virtually every sector”. One in three organisations reports being hit by economic crime.
Consequently, white–collar crime is an area of increasing importance.
This Diploma addresses both the procedural and the substantive law that applies to corporate,
white–collar and regulatory crime.
Programme Aims and Learning Outcomes
This unique Diploma provides participants with a comprehensive practical knowledge of the main areas of corporate, white–collar and regulatory crime, so that participants will be equipped to deal with the main issues in practice in what is an emerging area of law of increasing significance for many sectors and interests within the State. Participants will acquire a practical in–depth knowledge of the issues facing regulators, prosecutors, investigators, companies, practitioners and law reformers in this area.
- Course introduction and contemporary issues regarding corporate enforcement in Ireland
(attendance in person required)
- Individual and corporate criminal liability and corporate manslaughter
- Issues of prosecuting and defending white collar crime (attendance in person required)
- An analysis of regulatory crime: offences, defences and procedure
- An introduction to sentencing white collar criminals
- Advanced overview of sentencing and ancillary orders
- Corruption: offences, investigations and prosecutions
- Proceeds of Crime Acts and regulatory laws
- Company Law compliance and enforcement
- Financial regulation and administrative sanctions
- Culture and compliance in the financial services sector
- The criminal process in Ireland
- The Regulation of Lobbying
- Managing Ireland’s whistleblowing laws
- The Companies Registration Office
- Investigating corporate crime
- Enforcement issues: combatting criminal cartels
- Sentencing trends in tax cases
- Prosecution of serious tax offences
- The Garda National Economic Crime Bureau
- Money laundering and terrorist financing
- Proving documents at trial
- Fraud offences
- Regulatory offences and enforcement: a reform orientated perspective
- Internation trends: the view from the US and UK
- Revision (attendance in person required)
Delivery is in part–time mode through the medium of lectures and seminars presented by leading experts in the area. The course will take place in two–hourly sessions over 20
weeks on Thursdays 6–8pm in the Lower Lecture Theatre at The Honorable Society of King’s Inns.There will be guest lectures from individuals with specialist knowledge and/or senior prosecuting or defence lawyers including contributions from Remy Farrell SC, Patrick Gageby SC, Shane Murphy SC, Patrick McGrath SC amongst others.
This course will also be available via blended learning, with many classes recorded using e–learning software and made available to students for streaming via our student intranet system. This means that, while all students are welcome and encouraged to attend class in person, some of the sessions will be recorded so that students who are based outside Dublin or who are otherwise unable to attend can catch up on the material by streaming the video in their own time.
Lecture videos require an internet connection to be streamed.
Attendance in person will be required for registration and for certain classes where it is not possible / suitable to record the session.
Course Start Date: Thursday 11 October 2018
Application Deadline: extended to noon on Monday 1 October 2018
Theoretical introduction and the History of Corporate Enforcement in Ireland (attendance required–session not recorded)
Corporate Criminal Liability
White–Collar and Regulatory Crime: Offences, Defences and Procedure.
Enforcement and the Central Bank of Ireland.
Professor Shane Kilcommins; John Lynch CBI
Enforcement and the Companies Registration Office.
Tackling White Collar Crime in the USA
Dr. David McFadden (CRO); Dr. Joe McGrath
Company Law Compliance and Enforcement.
The Garda National and Economic Crime Bureau.
Ian Drennan (ODCE); Inspector Catharina Gunne
An Introduction to Sentencing White Collar Criminals.
Ciaran Walker (Eversheds Sutherland); Dr. Joe McGrath
Panel Discussion on Issues of Prosecuting and Defending White–collar Crime (attendance in person required)
Shane Murphy SC; Patrick Gageby SC; Patrick McGrath SC
An Advanced Overview of Sentencing and Ancillary Orders
The American Law Institute’s Project on Compliance, Enforcement and Risk Management
Panel Discussion on Issues of Prosecuting and Defending White–Collar Crime (attendance required–session not recorded)
John Fitzgerald SC; Ronan Kennedy BL; Tony McGillicuddy BL
Whistle–blowers, lobbying and White–Collar Crime
Kenan Furlong (A&L Goodbody)
Investigating Corporate Fraud
Barry Robinson (Deloitte)
Pearse Ryan (Arthur Cox) & Andy Harbison (Grant Thornton)
Proving Documents at Trial.
Garda Interviews and AML.
Lorcan Staines SC; Dara Robinson (Sheehan & Partners)
Transnational Bribery and Corruption
Dr. Colin King; Dr. Nicholas Lord
Police Property Act.
James Dwyer SC; Brian Storan BL
Course Conclusion and Review Lecture.
Horan, S. Corporate Crime (Bloomsbury Professional , 2011).
McGrath, J. White Collar Crime in Ireland: Law and Policy (Clarus, 2018)
McGrath, J Corporate and White Collar Crime in Ireland: A New Architecture of Corporate Enforcement (Manchester University Press, 2015).
Assessment is by means of one assignment (worth 40%, date to be confirmed) and one Open Book examination (paper not electronic, date to be confirmed).
Who should attend
The Diploma will appeal to legal practitioners and policy–makers with an interest in corporate,
white–collar and regulatory crime. It will also appeal to suitably qualified non–legal professionals, including company directors, financial and insurance sectors, accounting bodies, regulatory bodies, HR practitioners, IR practitioners, members of An Garda Síochána, civil servants and trade union officials.
Fees can be viewed here.
How to apply
Applications are made here.
Lecturers Include (Provisional / Indicative List):
- Dr Joe McGrath
- Edward Doocey BL
- Remy Farrell SC
- Patrick Gageby SC
- Patrick McGrath SC
- Shane Murphy SC
- Sean Geurin SC
- Dr Elaine Byrne BL
- Gráinne Duggan BL
- James Dwyer BL
- Kenan Furlong (A&L Goodbody)
- DI Catharina Gunne
- Mary Kiely (Revenue Commissioners)
- Seorise Ó Dúnlaing BL
- Tom O’Malley BL
- David McFadden (Companies Registration Office)
- Declan O’Reilly (Criminal Assets Bureau)
- Barry Robinson (Deloitte)
- Dara Robinson (Sheehan and Partners)
- Lorcán Staines BL
- Ciarán Walker (Consultant Eversheds Sutherland formerly of Central Bankof Ireland)
- Professor Shane Kilcommins
- Fiona Phelan (Revenue Commissioners)
- Speakers from the ODCE
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Testimonials from Past Students