Punishing Corporate Crime
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Punishing Corporate Crime
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Author : James T. O'Reilly
language : en
Publisher: Oxford University Press
Release Date : 2009-09-03
Punishing Corporate Crime written by James T. O'Reilly and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-03 with Law categories.
Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.
Corporate Crime And Punishment
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Author : John C. Coffee
language : en
Publisher: Berrett-Koehler Publishers
Release Date : 2020-08-04
Corporate Crime And Punishment written by John C. Coffee and has been published by Berrett-Koehler Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-04 with Business & Economics categories.
A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester
Just Deserts For Corporate Criminals
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Author : Kip Schlegel
language : en
Publisher: UPNE
Release Date : 1990
Just Deserts For Corporate Criminals written by Kip Schlegel and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Punishing Corporate Crime
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Author : James T. O'Reilly
language : en
Publisher:
Release Date : 2023
Punishing Corporate Crime written by James T. O'Reilly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Corporation law categories.
The authors provide a practical discussion of criminal punishment trends directed at the corporate entity. They analyze the historical and statutory bases of corporate punishment and review the latest remedies now employed by the government, including receivership, restitution and disgorgement of profits.
Corporate Crime And Punishment
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Author : John C. Coffee Jr.
language : en
Publisher: Berrett-Koehler Publishers
Release Date : 2020-08-04
Corporate Crime And Punishment written by John C. Coffee Jr. and has been published by Berrett-Koehler Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-04 with Business & Economics categories.
“Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, former Commissioner, Securities and Exchange Commission In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice.
Too Big To Jail
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Author : Brandon L. Garrett
language : en
Publisher: Harvard University Press
Release Date : 2014-11-03
Too Big To Jail written by Brandon L. Garrett and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-03 with Law categories.
American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.
Corporations And Criminal Responsibility
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Author : Celia Wells
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Corporations And Criminal Responsibility written by Celia Wells and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
Corporate Crime And Punishment
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Author : JOHN C. COFFEE
language : en
Publisher:
Release Date : 2020
Corporate Crime And Punishment written by JOHN C. COFFEE and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
The Handbook Of White Collar Crime
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Author : Melissa L. Rorie
language : en
Publisher: John Wiley & Sons
Release Date : 2019-11-12
The Handbook Of White Collar Crime written by Melissa L. Rorie and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-12 with Social Science categories.
A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.
Corporate Crime
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Author : Richard D. Hartley
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2008-03-05
Corporate Crime written by Richard D. Hartley and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-05 with Law categories.
Corporate Crime examines the ever-present problem of white-collar and corporate crime, not only within the United States but also worldwide. Should corporations and their employees be held criminally liable for shoddy business practices? This volume explores both sides of the question, discussing the nature and scope of corporate crime, the controversies surrounding it, and the most promising solutions. How do we define corporate crime and how do we detect it? Corporate Crime guides readers through the definitions and concepts as well as the difficulties in detecting, prosecuting, and punishing corporate wrongdoing. How do corporations get away with their crimes? This reference examines both the successes and the failures of government and law enforcement policies concerning the punishment of corporate crime and explores leading contemporary proposals for controlling and deterring it. It is an essential information source for any citizen of corporate America.