Regulating Corporate Criminal Liability
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Regulating Corporate Criminal Liability
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Author : Dominik Brodowski
language : en
Publisher: Springer
Release Date : 2014-06-30
Regulating Corporate Criminal Liability written by Dominik Brodowski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-30 with Law categories.
Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Corporate Criminal Liability
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Author : Leonard Orland
language : en
Publisher:
Release Date : 2004
Corporate Criminal Liability written by Leonard Orland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Corporations categories.
As never before, corporate counsel must understand new corporate criminal statutes, prosecution policy statements, and corporate sentencing guidelines. Corporate Criminal Liability: Regulation and Compliance is a clear and precise resource that provides exclusive insight into these issues by examining the relationship between corporate misconduct and criminal law from the corporate governance perspective. This invaluable resource takes on what is an occasionally bewildering array of federal legal mechanisms, providing exclusive, authoritative analysis on issues including: Practical suggestions for how corporate lawyers and executives should deal with the new substantive and procedural rules that regulate corporate conduct and apply harsh criminal penalties Reliable analysis of the unique substantive and procedural rules of criminal liability of the corporate entity In-Depth examination of post-Enron legislation Clear, concise explanations, In non-technical terms, Of the fundamental principles of federal criminal law And The complexities of federal administrative, civil, and criminal corporate regulatory systems In addition, Corporate Criminal Liability: Regulation and Compliance proexamines and explicates every relevant aspect of law, policy, and litigation, including: The nature of corporate criminal liability Recently issued Justice Department Guidelines for Prosecution of Corporations Guidelines for Sentencing of Organizations of the United States Sentencing Commission All criminal statutes the major federal regulatory economic areas the broad scheme of overlapping administrative, civil, and criminal federal regulation
Criminal Liability In Regulatory Contexts
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2010-08-25
Criminal Liability In Regulatory Contexts written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-25 with Law categories.
In this consultation paper, the Law Commission sets out the case for reducing the scope for criminal law to be used in regulated fields such as farming, food safety, banking and retail sales. Criminal sanctions should only be used to tackle serious wrongdoing and it is out of proportion for regulators to rely wholly on the criminal law to punish and deter activities that are merely 'risky', unless the risk involved is a serious one. There has been a steep increase in the number of criminal offences created since the late 1980s to penalise risk-taking. The areas regulated cover a wide range of risk-posing activities, and involve millions of people and thousands of businesses. By turning to civil penalties for minor breaches, regulators could reduce costs to themselves and the criminal justice system by £11 million a year. In some cases, criminal prosecution can cost almost twice what the courts obtain in fines. The paper proposes that: (i) regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; (ii) a set of common principles should be established to help agencies consider when and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective. Where criminal offences are created in regulatory contexts, they should require proof of fault elements such as intention, knowledge, or a failure to take steps to avoid harm being done or serious risks posed.
Corporate Criminal Liability
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Author : Mark Pieth
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-04-20
Corporate Criminal Liability written by Mark Pieth and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Law categories.
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Corporations And Criminal Responsibility
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Author : Celia Wells
language : en
Publisher: OUP Oxford
Release Date : 2001-05-24
Corporations And Criminal Responsibility written by Celia Wells and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-24 with Law categories.
Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Bad Business Practice
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Author : Harding, Christopher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-18
Bad Business Practice written by Harding, Christopher and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-18 with Law categories.
This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.
Prosecutors In The Boardroom
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Author : Anthony S. Barkow
language : en
Publisher: NYU Press
Release Date : 2011-04-18
Prosecutors In The Boardroom written by Anthony S. Barkow and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-18 with Law categories.
Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna
Regulating Corporate Bribery In International Business
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Author : Nicholas Lord
language : en
Publisher: Routledge
Release Date : 2016-04-08
Regulating Corporate Bribery In International Business written by Nicholas Lord and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.
This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ’non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.
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 Criminal Liability And Prevention
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Author : Richard S. Gruner
language : en
Publisher: Law Journal Press
Release Date : 2004
Corporate Criminal Liability And Prevention written by Richard S. Gruner and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
The book instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.