Professor Peter J. Henning joined the Wayne Law faculty in 1994 as an associate professor and was promoted to professor of law in 2002. He graduated magna cum laude in 1985 from Georgetown University Law Center, where he served as a notes and comments editor on the Georgetown Law Journal. After graduation, he taught in the College of Business Administration at Loyola Marymount University and then clerked for Chief Judge Murray M. Schwartz of the U.S. District Court for the District of Delaware. After clerking, Henning was a senior attorney in the Division of Enforcement at the U.S. Securities & Exchange Commission, where he worked on cases involving insider trading, penny stock fraud, market manipulation and accounting irregularities. He then moved to the Criminal Division of the U.S. Department of Justice, where he worked in the Fraud Section on the investigation and prosecution of bank fraud. During this time he also published articles in the Kansas Law Review, St. Louis University Law Journal and American Criminal Law Review.
Henning teaches courses in Corporations, White Collar Crime, Professional Responsibility & the Legal Profession, Criminal Law, Criminal Procedure, Criminal Pretrial Advocacy and Securities Regulation. He taught previously at the high school and university undergraduate levels. In 2013, he was a Fulbright Scholar teaching at the University of Zagreb in Croatia. In 2016, he was a Fulbright Specialist teaching at the Judges Academy in Taipei, Taiwan. Henning has received a number of teaching awards, including the President's Award for Excellence in Teaching, whose recipients are selected from among the entire Wayne State University faculty, and the Donald H. Gordon Award for Excellence in Teaching, which is presented by the alumni of the Law School.
Henning's scholarship focuses primarily on white collar crime, constitutional criminal procedure and attorney ethics. Recent articles have been published in the Washington University Journal of Law & Policy, the Wayne Law Review, the University of Chicago Legal Forum, Ohio State Law Journal, American Criminal Law Review and Georgetown Journal of Legal Ethics. He is the co-author of casebooks on white collar crime, criminal law and criminal pretrial advocacy, along with student texts on criminal law, criminal procedure and white collar crime. He is the author of The Prosecution and Defense of Public Corruption: The Law and Legal Strategies, published by LexisNexis and updated annually, which is the leading treatise in the field. He is a co-author of Securities Crimes (2d ed.) and is the author of three volumes of Federal Practice and Procedure: Criminal, originally written by the late Professor Charles Alan Wright. These treatises are frequently cited reference works.
Henning is an elected member of the American Law Institute. He is the chair of the Criminal Law and Procedure Drafting Committee for the National Conference of Bar Examiners that is responsible for drafting and reviewing questions for the multi-state bar exam. He writes a regular column, "White Collar Watch," for The New York Times DealBook and has been quoted in a number of media outlets.
Henning and his wife, Karen, who is on the faculty at the University of Detroit Mercy School of Law, have three daughters, Molly, Alexandra and Grace.
Degrees and Certifications
J.D., Georgetown University Law Center
M.A., Fordham University
B.A., Loyola Marymount University
Criminal Procedure: Adjudication
Criminal Pretrial Advocacy
White Collar Crime
Making Up Insider Trading Law As You Go Along, 54 Wash. U. J. L & Pol’y __ (2018) (forthcoming).
Why It Is Getting Harder to Prosecute Executives for Corporate Misconduct, 41 Vt. L. Rev. 503 (2017).
The New Corporate Gatekeeper, 62 Wayne L. Rev. 29 (2016).
Is Deterrence Relevant in Sentencing White-Collar Criminals?, 61 Wayne L. Rev. 27 (2015).
What’s So Bad About Insider Trading Law?, 70 Bus. Law. 751 (2015).
A New Crime for Corporate Misconduct?, 84 Miss. L.J. 43 (2014).
Be Careful What You Wish For: Thoughts on a Compliance Defense Under the Foreign Corrupt Practices Act, 73 Ohio St. L.J. 883 (2012).
Making Sure 'The Buck Stops Here': Barring Executives for Corporate Violations, 2012 U. Chi. Legal F. 91.
The Pitfalls of Dealing with Witnesses in Public Corruption Prosecutions, 23 Geo. J.L. Ethics 351 (2010).
Corporate Criminal Liability and the Potential for Rehabilitation, 47 Am. Crim. L. Rev. 1417 (2009).
Board Dysfunction: Dealing with the Threat of Corporate Criminal Liability, 77 U. Cin. L. Rev. 585 (2008).
White Collar Crime Sentences After Booker: Was the Sentencing of Bernie Ebbers Too Harsh?, 37 McGeorge L. Rev. 757 (2006).
Lawyers, Truth, and Honesty in Representing Clients, 20 Notre Dame J.L. Ethics & Pub. Pol'y 209 (2006).
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REVISION: Making Up Insider Trading Law as You Go Along
October 10, 2017The law of insider trading has developed through a combination of ad hoc judicial decisions and administrative regulations, along with legislative inaction to correct or redirect its application. Although some might fear that traditional notions of due process and fair notice have not been adequately addressed, those concerns have not had an impact. Rather than rational legal development along a relatively clear statutory path, we continue to see that insider trading is for the most part made up as we go along by the courts, including the Supreme Court, and the Securities and Exchange Commission. This is what one should expect for a prohibition that is largely the product of common law development, despite the admonition that there are no federal common law crimes. The law has produced a reasonably stable set of rules that can be applied predictably to most instances of trading on confidential information. The Supreme Court’s decision in Salman v. United States in December 2016 ...
REVISION: Making Up Insider Trading Law as You Go Along
October 6, 2017The law of insider trading has developed through a combination of ad hoc judicial decisions and administrative regulations, along with legislative inaction to correct or redirect its application. Although some might fear that traditional notions of due process and fair notice have not been adequately addressed, those concerns have not had an impact. Rather than rational legal development along a relatively clear statutory path, we continue to see that insider trading is for the most part made up as we go along by the courts, including the Supreme Court, and the Securities and Exchange Commission. This is what one should except for a prohibition that is largely the product of common law development, despite the admonition that there are no federal common law crimes. The law has produced a reasonably stable set of rules that can be applied predictably to most instances of trading on confidential information. The Supreme Court’s decision in Salman v. United States in December 2016 ...
New: Why It Is Getting Harder to Prosecute Executives for Corporate Misconduct
May 27, 2017In September 2015, the Department of Justice announced a new policy to pursue individuals involved in corporate criminal violations by conditioning any benefit for cooperation on the company identifying culpable executives. The policy, known as the Yates Memo and named after the then-Deputy Attorney General, was heralded as a real change in how federal prosecutors would pursue organizational crime. Does the shift to emphasizing individual culpability mean there will be an upsurge of prosecutions of corporate executives who oversee companies that engage in misconduct? The short answer is no. This essay, delivered as part of a symposium at Vermont Law School, considers why the policy will likely have little real impact. One reason is that the new — or perhaps renewed — emphasis on pursuing individuals is not a real change in the Department of Justice’s policy. More importantly, as companies get larger, there is a shrinking chance someone from the C-suite will have had any actual ...
New: The New Corporate Gatekeeper
November 12, 2016Regulators and prosecutors are now asking corporations to report any wrongdoing within the organization as quickly and completely as possible. One group increasingly identified with the obligation to report misconduct is corporate counsel. Traditionally, lawyers had no duty to report misconduct by their clients under the attorney-client privilege, but that view has eroded as the government expects attorneys to take on a greater role in identifying violations that can lead to administrative and criminal sanctions against their clients. This Essay looks at how the role of the corporate attorney is moving away from the “wise counselor” model of legal representation and toward that of the whistleblower obliged to disclose information about potential violations by the corporate client or risk being viewed as a participant in the misconduct, subject to civil and criminal sanctions. This presents especially vexing problems for in-house counsel who represent a single client: they may ...
- REVISION: Making Up Insider Trading Law as You Go Along
White Collar Crime: Law and Practice (West Group, 2d Edition (American Casebook Series)) July 2003 co-authored with Jerold H. Israel, Ellen S. Podgor, and Paul D. Borman
This book exposes students to how legal transactions involved in a single white collar crime case can require consideration of substantive criminal law, criminal procedure, administrative procedure, corporate law, evidence, civil procedure, sentencing law, and highly specialized regulatory law. It provides a unique combination of traditional materials (cases and statutes) and not-so-traditional materials (e.g., newspaper articles, forms, and practice manuals). Coverage includes traditional mail fraud, RICO (Racketeer Influenced Corrupt Organizations), and computer fraud legislation.
Criminal Law: Concepts and Practice (Carolina Press) 2013 co-authored with Ellen S. Podger, Andrew Taslitz, and Alfredo Garcia
This book is a leader in providing materials that match the “skills and values” theme emphasized in the MacCrate and Carnegie Reports. The new third edition includes over 50 problems that allow the law professor to explore the practical impact of the theoretical concepts underlying criminal law. The new edition expands this orientation with several new problems, a new case study that examines issues from Jena Six, as well as new materials that recognize recent federal sentencing guideline changes. The book retains its international and comparative notes with the addition of a problem that considers the increased influence of international matters. In keeping with the original theme of having a casebook with recent decisions, several new cases are inserted, with a few older ones removed. The authors plan to introduce with this casebook a website that will offer podcasts, syllabi, Powerpoints, and other teaching materials. In short, a text that is compact, student-friendly, flexible, both practical and theoretical, and hi-tech all in one novel package, including a teachers' manual with answers to every problem.
Global Issues in Criminal Law (West Group) 2007 co-authored w/Linda Carter and Christorpher L. Blakesley
This book provides an introduction to issues arising in international and transnational crimes, giving students a broader perspective on a developing area of the law. The book also provides faculty and students with material from domestic and international sources. It builds on a number of subjects treated in the traditional criminal law class, such as mens rea, actus reus, accomplice and conspiratorial liability, and defenses, by analyzing three subjects of current interest: transnational crimes, terrorism, and genocide.
Mastering Criminal Law (Carolina Press) 2008 co-authored w/Ellen S. Podger & Neil P. Cohen
This book provides a clear and concise consideration of the fundamental structure of a crime, including statutory interpretation and sentencing. It has chapters on the typical crimes covered in most criminal law casebooks, namely homicide, rape, assault and battery, and theft. It extends the study to newer forms of crimes, such as criminal enterprises, and includes chapters on accomplice liability, solicitation, attempt and conspiracy. The book covers the traditional defenses seen in criminal law courses and also examines the concept of what is a defense. Cultural defenses and the right to present a defense are included. Many factual examples come from real-world cases. The learning tools used throughout the book provide an overview of the subject, reinforcement of basic principles, and a better understanding of criminal law principles.
Mastering Criminal Procedure, Volume 1 (Carolina Academic Press) 2010 coauthored with Professor Andrew Taslitz (Howard), Dean Margaret Paris (Oregon), Professor Cynthia Jones (American) and Professor Ellen Podgor (Stetson).
From Carolina Academic Press:
Mastering Criminal Procedure provides a concise treatment of the relevant federal constitutional doctrines that guide and constrain interactions between the police and individuals in the investigation of criminal conduct. The book provides an overview of the criminal process and the constitutional sources of the criminal procedure rules, including different approaches to constitutional interpretation.
The Prosecution and Defense of Public Corruption: The Law and Legal Strategies (Oxford)
The Prosecution and Defense of Public Corruption: The Law and Legal Strategies is the only comprehensive analysis of public corruption prosecutions available today. It furnishes a detailed analysis of the federal statutes and leading cases related to the investigation and prosecution of public officials at the federal, state and local level, covering all facets of public conduct.
View Table of Contents and Introductory Material Mastering Criminal Procedure, Volume 2 The Adjudicatory Stage (Carolina Academic Press) 2012
Mastering Criminal Procedure, Volume 2: The Adjudicatory Stage focuses on the process of a criminal case from the filing of charges against a defendant through the pre-trial and trial stages of the prosecution, and then post-conviction proceedings. This concise guide treats the leading Supreme Court decisions along with a range of statutes and rules that govern the process by which a criminal charge is adjudicated. A number of constitutional protections apply in a prosecution, including the right to a jury trial, confrontation of witnesses, the prohibition on excessive bail, and protection from double jeopardy. A number of procedural rules come into play, including discovery rights, jurisdiction and venue, and post-conviction proceedings, including habeas corpus.
Criminal Pretrial Advocacy (West Law School) 2013 with Leonid Feller and Karen McDonald Henning
Criminal Pretrial Advocacy fills a critical gap in the skills training for law students by providing a complete course addressing the pretrial phase of a criminal prosecution along with plea negotiation and sentencing. It contains materials to follow a case through all the important steps in a criminal prosecution from the decision to file charges to challenges to the investigative tactics and evidence to plea bargaining. The casebook covers the pretrial process in a criminal case by incorporating both a discussion of the rules and procedures in each phase along with the basic legal doctrines related to criminal prosecutions. This gives students the substantive foundation to proceed through the course by providing a foundation for understanding how the process unfolds. It is designed to give students the opportunity to engage in both legal writing exercises and court appearances.
White Collar Crime (West Academic Publishing) 2013 third edition, with Jerold H. Israel, Nancy J. King and Ellen S. Podgor
Authored by leading academics who bring strong scholarly and practice perspectives to the subject, White Collar Crime is the first one-volume, in-depth analysis of substantive and procedural aspects of white collar crime. Offenses analyzed include conspiracy, fraud, corruption, RICO, false statements, perjury, tax, currency reporting, bankruptcy, environmental, and computer crimes.
Procedural issues are addressed in detail, including the grand jury process, agency investigations, parallel proceedings, self-incrimination (testimony and documents), searches, and privileges. In addition to statutes and caselaw, the book covers strategy and DOJ internal guidelines and also includes sentencing of both individuals and corporations in white-collar cases. This book is an indispensable guide for students and practitioners alike.
Global Issues in Criminal Procedure (West Academic Publishing) 2011 with Linda Carter and Christopher Blakesley
Global Issues in Criminal Procedure provides an overview of constitutional issues that arise when searches, seizures and interrogations occur outside the United States. As crimes increasingly cross international borders, investigations also cross national boundaries. The materials in this book examine prosecutions in U.S. courts that involve evidence obtained abroad. There are two main parts to the book: 1) Searches and Seizures Abroad and 2) Interrogations Abroad. The first part examines the reach of the Fourth Amendment when the searches and seizures involve U.S. citizens abroad compared with non-U.S. citizens. Cases such as Verdugo-Urquidez and Alvarez-Machain are included, along with more recent cases that stem from recent terrorism prosecutions. Since the September 11 attacks, electronic surveillance has also become more important in conducting investigations and raises new challenges. A section on electronic surveillance contains materials on the Foreign Intelligence Surveillance Act with its amendments from the USA Patriot Act and more recent amendments. The second part of the book looks at the reach of the Fifth Amendment and Due Process Clause abroad, both the ban on involuntary statements and the protections of Miranda. This section further includes materials on torture and extraordinary renditions. There is also a short discussion of indefinite detention in places like Guantnamo Bay, Cuba, Afghanistan, and in other sites. The book is designed to be used in conjunction with a basic Criminal Procedure textbook that covers the traditional Fourth, Fifth, and Sixth Amendment cases. The materials provide an opportunity to extend the study of these Amendments into the international implications and issues that face many criminal law practitioners and judges in cases today in U.S. courts.
Securities Crimes (Thomson Reuters) 2013 2nd edition, with Marvin G. Pickholz and Jason R. Pickholz
Securities Crimes (2nd ed.) incorporates the latest developments in the enforcement of federal securities laws, including insider trading, accounting fraud, and violations of the Foreign Corrupt Practices Act. It provides a wide array of strategies, tactics, and techniques for defending securities criminal cases, including prosecutions involving related statutes, such as mail and wire fraud, RICO, and obstruction of justice. The treatise is the leading work designed for practitioners by providing in-depth coverage of the process of a criminal case and related civil enforcement actions.
The Prosecution and Defense of Public Corruption: The Law and Legal Strategies (LexisNexis) 2014
This unique publication provides a thorough legal analysis of the disparate areas of the law that can be used to prosecute public officials at all levels of government. The authors discuss how counsel can develop appropriate legal strategies for prosecuting and defending these cases. Many essential topics are addressed with the practitioner in mind, including evidence gathering issues, privilege issues, issues at trial and sentencing issues.
White Collar Crime: Law and Practice (West Academic Publishing ) 2015 fourth edition, with Paul Borman, Jerold H. Israel and Ellen S. Podgor
The book is designed to promote student appreciation of the interaction of legal doctrines as they are applied in the white collar crime field. The material exposes students to substantive criminal law, criminal procedure, administrative procedure, corporate law, evidence, civil procedure, sentencing law, and highly specialized regulatory law. The book also allows students to appreciate the influence of administrative policies and the influence of the basic "culture" of white collar criminal practice. In addition to traditional materials in the casebook, a companion statutory and documentary supplement provides rich primary source material.
- Peter Henningled a panel discussion on Professional Responsibility Challenges Facing Lawyers Today at the State Bar of Michigan Insurance & Indemnity Law Section Annual Holiday Reception & Educational Program.
- Peter J. Henningco-wrote “Criminal Pretrial Advocacy, 3d. Edition” with Leonid Feller and Karen McDonald Henning. The book, published by West Academic Publishing, analyzes the process of a criminal prosecution from the pretrial phase of the case through plea negotiations and sentencing.