Miriam Baer argues in her book that U.S. white collar crime statutes are doing a disservice to us all. She gives Caleb and Greg lots of examples of how this is, but before that she also tells the guys about her early law career working in Wilmington, Delaware, her time as a prosecutor in the Southern District of New York, why some frauds get prosecuted while others don’t, and a memorable story about her former classmate, Ted Cruz.

• (00:00) - Introduction and CPE Credit Information
• (00:20) - Welcome to Oh My Fraud
• (01:41) - Guest Introduction: Miriam Baer
• (03:42) - Miriam Baer's Career Journey
• (07:15) - Law School and Early Career
• (12:33) - Prosecuting White Collar Crime
• (20:05) - Sentencing Guidelines Explained
• (29:22) - Post-9/11 and Compliance Work
• (32:59) - Transition to Academia
• (37:45) - Prosecutorial Decision-Making
• (43:01) - Prototypes in Fraud Cases
• (43:53) - Prosecutors' Challenges in Fraud Cases
• (46:33) - Government's Approach to High-Profile Fraudsters
• (48:46) - White Collar Statutes and Their Failures
• (50:32) - Issues with Fraud Statutes and Data Collection
• (56:49) - Over Criminalization vs. Under Enforcement
• (59:28) - Examples of Over Criminalization and Under Enforcement
• (01:05:55) - Final Thoughts and Personal Insights
• (01:12:40) - Closing Remarks and Reflections

Miriam Baer, CV [Brooklyn Law]

Purchase Miriam's Book!
https://www.amazon.com/Myths-Misunderstandings-White-Collar-Crime-Miriam/dp/1009279807

HOW TO EARN FREE CPE

In less than 10 minutes, you can earn 1 hour of NASBA-approved accounting CPE after listening to this episode. Download our mobile app, sign up, and look for the Oh My Fraud channel. Register for the course, complete a short quiz, and get your CPE certificate.

Download the app:

Apple: https://apps.apple.com/us/app/earmark-cpe/id1562599728
Android: https://play.google.com/store/apps/details?id=com.earmarkcpe.app

Questions? Need help? Email support@earmarkcpe.com.

CONNECT WITH THE HOSTS

Greg Kyte, CPA
Twitter: https://twitter.com/gregkyte
LinkedIn: https://www.linkedin.com/in/gregkyte/

Caleb Newquist
Twitter: https://twitter.com/cnewquist
LinkedIn: https://www.linkedin.com/in/calebnewquist/

Email us at ohmyfraud@earmarkcpe.com

At the beginning of his career, Sam Buell knew that he wanted to be a prosecutor in the Eastern District of New York where all manner of crime—everything from mob hits to human trafficking—was occurring. Caleb and Greg discuss Sam’s eventful career that took him from Whitey Bulger to the Enron case which set on the path to being an scholar on white collar crime.

• (00:00) - Welcome to Oh My Fraud
• (00:36) - Interview with Law Professor Sam Buell
• (02:43) - Sam Buell's Early Life and Education
• (04:39) - Career Beginnings and Law School
• (06:54) - Prosecuting Organized Crime in New York
• (19:25) - Whitey Bulger Case and Boston Move
• (32:03) - Joining the Enron Task Force
• (49:42) - The Psychology of Fraud: Groupthink and Incremental Deception
• (58:10) - The Arthur Anderson Prosecution
• (01:05:35) - The Trial and Aftermath: Lessons from the Anderson Case
• (01:16:28) - Corporate Criminal Liability: The Broader Implications
• (01:29:24) - The Impact of Sarbanes-Oxley: Successes and Failures
• (01:33:23) - The Future of Corporate Regulation: Challenges and Surprises
• (01:37:32) - Final Thoughts and Reflections

Purchase Sam's Books
https://www.amazon.com/Capital-Offenses-Business-Punishment-Corporate/dp/039324783X
https://buelloncorporatecrime.com/

HOW TO EARN FREE CPE

In less than 10 minutes, you can earn 1 hour of NASBA-approved accounting CPE after listening to this episode. Download our mobile app, sign up, and look for the Oh My Fraud channel. Register for the course, complete a short quiz, and get your CPE certificate.

Download the app:

Apple: https://apps.apple.com/us/app/earmark-cpe/id1562599728
Android: https://play.google.com/store/apps/details?id=com.earmarkcpe.app

Questions? Need help? Email support@earmarkcpe.com.

CONNECT WITH THE HOSTS

Greg Kyte, CPA
Twitter: https://twitter.com/gregkyte
LinkedIn: https://www.linkedin.com/in/gregkyte/

Caleb Newquist
Twitter: https://twitter.com/cnewquist
LinkedIn: https://www.linkedin.com/in/calebnewquist/

Email us at ohmyfraud@earmarkcpe.com

In this look back at 2024, the guys discuss their episodes, share updates to some stories, and discuss some upcoming changes to the podcast.

HOW TO EARN FREE CPE

In less than 10 minutes, you can earn 1 hour of NASBA-approved accounting CPE after listening to this episode. Download our mobile app, sign up, and look for the Oh My Fraud channel. Register for the course, complete a short quiz, and get your CPE certificate.

Download the app:

Apple: https://apps.apple.com/us/app/earmark-cpe/id1562599728
Android: https://play.google.com/store/apps/details?id=com.earmarkcpe.app

Questions? Need help? Email support@earmarkcpe.com.

CONNECT WITH THE HOSTS

Greg Kyte, CPA
Twitter: https://twitter.com/gregkyte
LinkedIn: https://www.linkedin.com/in/gregkyte/

Caleb Newquist
Twitter: https://twitter.com/cnewquist
LinkedIn: https://www.linkedin.com/in/calebnewquist/

Email us at ohmyfraud@earmarkcpe.com

Sources:

Victims of a $7 Billion Fraud May Soon Be Paid. For Some, It’s Too Late. [NYT]

Ex-Jaguars employee who stole from team sues FanDuel for $250 million for "exploiting" his gambling addiction [CBS]

Ex-Jaguars employee who stole $22 million from team files lawsuit against FanDuel [The Athletic]

Former Dixon, Ill. comptroller Rita Crundwell, who embezzled $53 million, released from custody [CBS]

Cryptocurrency ‘pig butchering’ scam wrecks Kansas bank, sends ex-CEO to prison for 24 years [CNBC]