Michael Goldsmith

(801) 422-4934

In 1994, President Clinton appointed Professor Goldsmith to the U.S. Sentencing Commission. In 1996-1997, Professor Goldsmith served as Vice-Chairman of the Commission. Professor Goldsmith was a former Assistant United States Attorney, and also served as Counsel to the New York State Organized Crime Task Force. He  wrote extensively on RICO, asset forfeiture, and electronic surveillance, and previously served as Vice-chairman of the ABA Criminal Justice Section, RICO Committee. His work was cited in numerous judicial decisions, and he testified before the United States Congress on several occasions. Professor Goldsmith lectured on these issues throughout the country, and served as a consultant to many law firms and law enforcement agencies. Finally, Professor Goldsmith was also an expert witness in international RICO litigation, and served on the faculty of numerous state and federal judicial training programs. He died of Lou Gehrig's disease on November 1, 2009.

Publications

  • PRINCIPLES OF EVIDENCE, (1984, co-authored with Prof. Irving Younger; 2nd edition 1991, 3rd edition 1997, 4th edition 1999, and 5th edition 2007, co-authored with Prof. David Sonenshein).
  • Reforming the Civil Rights Act of 1871: The Problem of Police Perjury, 80 NOTRE DAME L. REV. 1259 (2005).
  • Reconsidering the Constitutionality of Federal Sentencing Guidelines after Blakely: A Former Commissioner's Perspective, 2004 BYU. L. Rev. 935.
  • Resurrecting RICO: Removing Immunity for White-Collar Crime, 41 HARV. J. LEGIS 281 (Winter 2004).
  • Proximate Cause in Civil Racketeering Cases: The Misplaced Role of Victim Reliance, 59 Washington & Lee L. REV. 83 (2002) (co-authored with Evan Tilton).
  • Corporate Ethics: The Role of Internal Compliance Programmes under the U.S. Sentencing Guidelines, (co-authored with Amy Bice-Larson), chapter 5 of UNDERSTANDING HOW ISSUES IN BUSINESS ETHICS DEVELOP 118 (Palgrave MacMillan 2002).
  • Lake Wobegon and the U. S. Sentencing Guidelines: The Problem of Disparate Departures, 69 G.W. L. REV. 57 (2000) (co-authored with Marcus Porter).
  • The U.S. Sentencing Guidelines: A Surprising Success, OCCASIONAL PAPERS FROM THE CENTER FOR RESEARCH IN CRIME AND JUSTICE (1998), New York University School of Law (co-authored with James Gibson).
  • Policing Corporate Crime: The Dilemma of Internal Compliance Programs, 50 VAND. L. REV. 1 (1997) (co-authored with Chad King).
  • Judicial Immunity for White-Collar Crime: The Ironic Demise of Civil RICO, 30 HARV. J. LEGIS. 1 (1993).
  • The Electronic Surveillance of Privileged Communications: Two Doctrines in Conflict, 64 S. CAL. L. REV. 903 (1991) (co-authored with Kathryn Balmforth).
  • Civil RICO Reform: The Gatekeeper Concept, 23 VAND. L. REV. 735 (1990) (co-authored with Mark Linderman).
  • Asset Forfeiture and Third Party Rights: The Need for Further Law Reform, 1989 DUKE L. J. 1254 (co-authored with Mark Linderman).
  • Civil RICO, Foreign Defendants, and "ET", 73 MINN. L. REV. 1023 (1989) (co-authored with Vicki Rinne).
  • RICO and Enterprise Criminality: A Response to Gerard S. Lynch, 88 COLUM. L. REV. 774 (1988).
  • Rico and Pattern: The Search for Continuity Plus Relationship
  • Eavesdropping Reform: The Legality of Roving Surveillance, 1987 U. ILL. L. REV. 401.
  • Civil RICO Reform: The Basis for Compromise, 71 MINN. L. REV. 827 (1987).
  • Civil RICO Abuse: The Allegations in Context, 1986 BYU L. REV. 55 (co-authored with Penrod Keith).
  • The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance, 74 J. CRIM. L. & CRIMINOLOGY 1 (1983).
  • Criminal Redistribution of Stolen Property: The Need for Law Reform, 74 MICH. L. REV. 1511 (August 1976) (co-authored with Prof. G. Robert Blakey).
  • Properity Qualifications for Voting in Special Purpose Districts: Beyond the Scope of "One Man-One Vote"