Criminal Justice and the Legal Concepts of Fraud (ECF 610)

Criminal Justice and the Legal Concepts of Fraud (ECF 610)

Instructor

Contact Information:

Instructor: Steven B. Hilkowitz, Esquire

Location: Online

Office Hours: We can set up appointments via phone or email.

Email:

Phone: (H) 215-233-0776; (C) 215-510-6233. I would appreciate it if you would not call after 9:00 PM or on weekends unless absolutely necessary.

Instructor Bio:

I retired after thirty years with the United States Department of Defense in a variety of legal and operational positions. Included among my various assignments were many years in the Counsel’s Office of the Defense Supply Center Philadelphia. The Defense Supply Center Philadelphia annually buys over $15 billion worth of supplies for America’s warfighters worldwide. During my tenure with the organization, I worked in the contract law, procurement and trial areas, including as the Chief Trial Attorney and Associate Counsel for Procurement Integrity, where I was responsible for the resolution of contract fraud and noncompliance investigations.

In addition to my tenure at the Defense Supply Center Philadelphia, I also served as the Director and Chief Counsel of the Philadelphia Remedies Unit, a multidisciplinary team of lawyers, investigators, auditors, and contracts personnel, created to coordinate with the Department of Justice in resolving allegations of procurement fraud against major defense contractors and to serve as the primary DOD focal point for these cases.

Mixed in with my fraud and other legal positions, I served on the Department of Defense Joint Staff as a political/military advisor to the Chairman of the Joint Chiefs of Staff; the team leader for the group providing legal services and advice to the Subsistence Directorate of the Defense Personnel Support Center; the Chief Trial Attorney for the Philadelphia Region of the Defense Contract Management Command, and in a variety of assignments focusing on homeland security and international and domestic disaster relief and humanitarian assistance. In my last position prior to my retirement, I was an Associate Deputy General Counsel, representing the United States in the litigation of Habeas Corpus Petitions and other legal motions filed in the United States District Court by individuals detained by the United States at the Guantanamo Bay Naval facility

I have a bachelor’s degree in business and political science from Truman State University in Kirksville, Missouri, a Juris Doctor degree from Temple University School of Law in Philadelphia, Pennsylvania, and a Master’s degree in strategic studies from the National War College of the National Defense University in Washington, D.C.

I have been an adjunct instructor at the Federal Law Enforcement Training Center and in courses given to Department of Defense and military criminal investigators, and currently an Adjunct Professor at Fairleigh Dickinson University where I teach courses inhomeland security and the Constitution. In addition to my teaching, I have written a number of monographs and articles on various issues of procurement, international law, and international logistics. I am the recipient of numerous awards, including the Defense Logistics Agency Meritorious Civilian Service Award, The Joint Civilian Service Commendation Award, The Joint Civilian Service Achievement Award, and the Vice President’s Hammer Award for Government Reinvention of Acquisition.

Course Overview

Course Dates: August 31, 2015 to October 23, 2015

Go to Training session every Thursday from 7:00 to 9:30 PM, Eastern Time, excluding holidays

STUDENT LEARNING OUTCOMES

This course provides insight into the variations of different types of fraudulent activities when viewed through the prism of the United States legal system. The course consists of four Learning Modules. Learning Module 1 is an introduction to the concept of “fraud” that entails a historical background, a discussion of what fraud actually means, and emphasison the legal concepts subsumed by the term “fraud.” This will be followed by material covering the players that are involved in the fraud arena, the various types of fraudulent behavior that may arise, the legal responses that have been enacted to deal with fraudulent behaviors, and specific case studies that will interlace the factual material. A wide range of teaching tools will be employed, including extensive use of the professional literature, case analysis, lectures and text material.

After taking this course, students should be able to:

• Analyze and assess the nature of fraudulent behavior
• Distinguish and contrast the legal entities dealing with fraud matters and the differences inherent in which legal entity is dealing with the specific matter
• Distinguish between the different areas of United States legal system
• Analyze the similarities and differences of various types of frauds
• Propose and construct ideas for preventative and remedial actions
• Formulate processes for fraud litigation, both prosecution and defense
• Distinguish between law enforcement and investigative agencies, and their duties and responsibilities relative to fraudulentactivities

REQUIRED TEXTBOOKS AND MATERIALS

TEXTBOOKS:

2012 CONTRACT ATTORNEYS DESKBOOK, VOLUME I - US ARMY JUDGE ADVOCATE GEBERAL SCHOOL

2012 CONTRACT ATTORNEYS DESKBOOK, VOLUME II - US ARMY JUDGE ADVOCATE GENERAL SCHOOL

2012 LEGAL DIVISION HANDBOOK - FEDERAL LAW ENFORCEMENT TRAINING CENTER

2012 LEGAL DIVISION REFERENCE BOOK - FEDERAL LAW ENFORCEMENT TRAINING CENTER

Identity Theft E-Pub - Office for Victims of Crime

THESE BOOKS WILL BE MADE AVAILABLE TO YOU ON THE COURSE CANVAS PAGE. PARTS OF EACH WILL BE USED AT VARIOUS POINTS IN THE COURSE.

THERE MAY BE ADDITIONAL MATERIALS INCLUDED

In addition to the above texts, which will be provided at no cost online, due to the expansive nature of the material being covered in this course, covering legal matters, business matters and case studies, there will be other materials supplied by the instructor as supplemental readings and case studies. These materials will be provided both at the beginning of the course and within the Learning Modules.

The text material is meant to provide a fuller appreciation of the various behaviors, statutes and legal entities discussed in the course.

Course Structure

The course structure entails four broad Learning Modules, varying in length from one to two weeks. You will be asked to read the directions and complete the components of the learning module and the weekly lessons. For most modules and weeks, the typical learning module format will be:

• An overview and instructions for the module
• Slide presentation with or without an audio explanation
• Supplemental Readings and/or case studies for the week
• One or more class problems and discussions
• Weekly assignment (this may be a “group” or individual project)
• Homework assignment
• Recording from prior class

All course work will be done online. When working online, all discussions, assignments, conversations, and postings that are scheduled and due in a week’s time are expected to be competed in that week. The online week runs from 12:01 AM Eastern Time Monday to 11:59 PM Eastern Time Sunday. Learning modules will be available for your use at the latest by midnight on the previous Sunday. It is expected, however, that the materials will be available at one week or more prior to the state date for that week. If you have a schedule issue during the course, you need to contact me.

In order to provide context and detail to each Learning Module and the material put online, each week’s activities will include a synchronous Go to Training session that will take place Thursday from 7:00 PM to 9:30 PM. This session will also be recorded and made available on Canvas. A number of students each week will make topical presentations during this session.

You should understand that this course is not a law school course, and, although we will be covering many legal areas, there is no expectation that you will understand all of the legal details inherent in any legal statute or procedure. What is expected is that you will be able to recognize and propose the legal course of action best suited to the factual situation and understand the broad proceduralrequirements of that course of action. Accordingly, you do not need to develop an expertise of the rules of evidence and specifically how to enter something into evidence during the trial, but you are expected to understand and present the requirements to prove a crime.

The weekly schedule for the course is as follows:

Learning Module / Topics / Class Room Assignments / Individual Assignments
Learning Module 1 (1 Week)
Introduction to the Legal Concepts of Fraud / Week 1 – August 31 to September 6, 2015
Introduction
Fraud Overview
US Legal System
Go to Training Session - Thursday, September 3, 2015
7:00 to 9:30 PM / Participate in the classroom meeting and Initiate and Respond to the discussion board comments and questions. / Read and comply with the Overview and Instructions for this week
Read the documents placed on-line by the instructor
Review the recordings for this Learning Module
Learning Module 2 (3 Weeks)
The Faces of Fraud / Week 1 (Course Week 2) - September 7 to September 13, 2015
Building Blocks of Fraud
Government Procurement/Grant Fraud/Health Care Fraud
Go to Training Session - September 10, 2015
7:00 to 9:30 PM / Participate in the classroom meeting and Initiate and Respond to the discussion board comments and questions.
Students that are assigned a presentation for this week will present the oral presentation during Go To Training Session on Thursday, September 10.
Written presentation is due by 11:59 PM Eastern Time on Sunday, September 13. / Read and comply with the Overview and Instructions for this week
Read the documents placed on-line by the instructor
Review the recordings for this Learning Module
Week 2 (Course Week 3) - September 14 to September 20, 2015
Financial Fraud
Go to Training Session - September 17, 2014
7:00 to 9:30 PM / Participate in the classroom meeting and Initiate and Respond to the discussion board comments and questions.
Students that are assigned a presentation for this week will present the oral presentation during Go To Training Session on Thursday, September 17.
Written presentation is due by 11:59 PM Eastern Time on Sunday, September 20 / Read and comply with the Overview and Instructions for this week
Read the documents placed on-line by the instructor
Review the recordings for this Learning Module
Week 3 (Course Week 4) - September 21to September 27, 2015
Cyber/Internet Fraud
Go to Training Session - September 24, 2014
7:00 to 9:30 PM / Participate in the classroom meeting and Initiate and Respond to the discussion board comments and questions.
Students that are assigned a presentation for this week will present the oral presentation during Go To Training Session on Thursday, September 24.
Written presentation is due by 11:59 PM Eastern Time on Sunday, September 27 / Read and comply with the Overview and Instructions for this week
Read the documents placed on-line by the instructor
Review the recordings for this Learning Module
Learning
Module 3 (2 Weeks)
Legal Responses to Fraud / Week 1(Course Week 5) –September 28 to October 4, 2015
Distinctions in Remedies
Civil Remedies
Go to Training Session - October 1, 2015
7:00 to 9:30 PM / Participate in the classroom meeting and Initiate and Respond to the discussion board comments and questions.
Students that are assigned a presentation for this week will present the oral presentation during Go To Training Session on Thursday, October 1.
Written presentation is due by 11:59 PM Eastern Time on Sunday, October 4. / Read and comply with the Overview and Instructions for this week
Read the documents placed on-line by the instructor
Review the recordings for this Learning Module
Week 2 (Course Week 6) - October 5 to October 11, 2015
Criminal Remedies
Administrative Remedies
Go to Training Session - October 8, 2015
7:00 to 9:30 PM / Participate in the classroom meeting and Initiate and Respond to the discussion board comments and questions.
Students that are assigned a presentation for this week will present the oral presentation during Go To Training Session on Thursday, October 8.
Written presentation is due by 11:59 PM Eastern Time on Sunday, October 11. / Read and comply with the Overview and Instructions for this week
Read the documents placed on-line by the instructor
Review the recordings for this Learning Module
Learning Module 4
(1 Week)
Tying it all together / Week 1 (Course Week 7) - October 12 to October 18, 2015
Go to Training Session - October 15, 2015
7:00 to 9:30 PM / Participate in the classroom meeting. This session will be a review for the final Examination. / Final Examination
Final Examination is due by 11:59 PM, Eastern Time on Sunday, October 18.
Learning Module 5
Case Studies / Week 1 (Course Week 8) – October 19 to October 25, 2015
Presentation of Projects
Go to Training Session - October 22, 2015,
7:00 to 9:30 PM / Project consists of an oral presentation which will take place during the GO TO Training Session on Thursday, October 22, and a written report that is due by 11:59 PM on Sunday, October 25.

List of Go to Training Sessions:

Date - Thursay
Week 1 / September 3, 2015
Week 2 / September 10, 2015
Week 3 / September 17, 2015
Week 4 / September 24, 2015
Week 5 / October 1, 2015
Week 6 / October 8, 2015
Week 7 / October 15, 2015
Week 8 / October 22, 2015

Course Requirements

Participation:

Active and informed participation is required in all Go to Training sessions, discussions and assignments, and the project.

Project/Assignment - Case Study

Students, as part of a team, will be assigned a case study dealing with a specific fraudulent activity. Students will evaluate the facts set forth in the case study and analyze and present specifics as to the type of fraud that has occurred, and detail your ideas as to the appropriate actions that may have prevented the fraud, and why. You will then determine the appropriate agency to institute the investigation, and present your opinion on the appropriate remedial action(s) that should be taken. The case study presentation will be done orally and in writing. The oral presentation will consist of an overview of the material required to be discussed, and will take place during the Go to Training Session assigned. The written presentation is expected to cover the material in much more detail, incorporating all of the material covered in the course. All presentations will be graded in accordance with the rubric for projects set forth below.

Final Examination covering the Entire Course

The examination will consist of twenty to thirty short answer, multiple choice and/or true/false questions. Details will be discussed during the first Go To Training session of the term. Students are permitted to use their notes, books, and the Internet to answer the questions. Students are not permitted to collaborate with others when completing the exams.

Discussions

There will be weekly discussion questions covering some facet of that week’s topics. The discussion questions will be included in the weekly Canvas material. Students are responsible for an initial comment on the questions by Thursday at 11:59 PM Eastern Time. Additionally, all students are expected to provide comments to the discussion material presented by the other students and the instructor.by Sunday at 11:59 PM. All discussions will be graded in accordance with the rubric for discussionsset forth below.

Assignments

Each week, a number of students will receive an assignment [there will be two or three assignments for each student during the term]. These assignments will require a 5-7 minute presentation during the Go To Training session for that week as well as a paper (3 to 5 pages) due by Sunday at 11:59 PM Eastern Time. The subject matter of the discussions will be based on the topics for that week. All assignments will be graded in accordance with the rubric for assignments set forth below and should try and follow the format of the think Piece discussed on Canvas. Examples of the topics for these assignments are to analyze a particular type of fraud, legal remedy of case so that all of the students in the class will understand the topic. Both the presentations and the papers will be placed on Canvas (ungraded) for the use of the other students.

Learner Expectations:

Students are expected to:

• Complete all readings and assignments by the due date
• Check the online course material and discussion forum at least 3 times a week (each week runs from Monday – Sunday; new material will be available each Monday)
• Participate actively in both online and in-class discussions
• Take initiative to review suggested reading sources and contribute items of interest to course discussions
• Engage the instructor immediately if any problems arise that may prevent the student from completing the above requirements

The instructor is expected to:

• Post all course materials and assignments in a timely manner
• Make him/herself available by email and/or online chat for student questions or concerns
• Check the course regularly and contribute to the online discussion areas
• Provide each student with timely feedback on their progress in the course
• Grade and return all assignments in a timely manner

Evaluation and Assessment of Learner Performance

Weekly Assignments20% of total grade

Weekly DiscussionBoard20%of total grade

Project45%of total grade

Final Exam15%of total grade

Rubric for Discussion Scoring

Each week of the class will include one or more discussion questions covering the class topic for the week, or an assignment (discussed below). The discussions are considered to be the equivalent of classroom discussions in a face to face class. You are expected to comment on the discussion question by Wednesday of each week and then provide appropriate responses to the comments of other students by Saturday. The discussions will make up 10% of your total grade. The scoring of the discussions will not be based on the number of comments you place on-line, but will be in accordance with the following criteria:

Criteria / Needs Work
(0 or 1 point) / Satisfactory
(2 points) / Exemplary
(3 points)
Timeliness
10% of total score / Postings and/or responses are not made by the date and time they are due. / Postings and responses are completed at or before the due date
Critical Analysis
(Understanding of readings and outside source material)
50% of total score / Discussion postings show little or no evidence that readings were completed or understood. Postings are largely personal opinions or feelings, or “I agree” or “Great idea”, without supporting statement with concepts from the readings, outside resources, relevant research, or specific real-life application. / Discussion postings repeat and summarize basic, correct information, but do not link readings to outside references, relevant research or specific real-life application and do not consider alternative perspectives or connections between ideas. Sources are not cited. / Discussion postings display an excellent understanding of the required readings and underlying concepts including correct use of terminology. Postings integrate an outside resource, or relevant research, or specific real-life application (work experience, prior coursework, etc.) to support important points. Well-edited quotes are cited appropriately. No more than 10% of the posting is a direct quotation.
Contribution is responsive to another contribution
20% of total score / The text mentions other contributions but neither explains the reference nor substantially adds to it, so there is no clear benefit to the resolution of the main problem from citing the earlier contribution. / The writer makes references to earlier works that are a starting point for new ideas but, apart from the reference to the earlier work, not much information is incorporated / The writer links ideas submitted by others to their own contribution in a manner that substantially strengthens the group’s efforts to resolve the main problem.This linkage can include elaboration of what was previously written, a critique or questioning of it, demonstration of linkages among two or more earlier contributions, and/or utilization of an earlier contribution as a foundation to build your own.
Connections to Professional Practice
10% of total score / Discussion postings provide little or no evidence of reflective thought pertaining to personal perspectives and professional development. / Discussion postings provide evidence of some reflective thought pertaining to personal perspectives and professional development. / Discussion postings provide evidence of strong reflective thought pertaining to personal perspectives and how the module’s learning objectives relate to professional development.
Quality of Writing and Proofreading
10% of total score / Many sentences are poorly structured so the reader must stop often to reflect on the meaning of the text.Many paragraphs lack topic sentences or have poor flow so the main points and linkages among explanatory text are not clear.Many errors in grammar, spelling and/or punctuation make reading the text difficult and communication is impaired. / Minor lapses in sentence structure, such as run-on sentences and unnecessarily complex sentence structures, force the reader to pause and reflect on the meaning of the text.Paragraphs present a complete argument, but may not flow so well.Some minor errors in grammar, spelling and/or punctuation detract from the quality of the text, but do not impair the communication. / Sentences and paragraphs are well structured and clear so the reader can focus on what is written.Each paragraph has a topic sentence that indicates the subject matter.Grammar, spelling and punctuation are flawless, which allows the reader to focus on the message.

Rubric for Assignment Scoring