A New Crime For Corporate Misconduct

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A New Crime for Corporate Misconduct?

Author : Peter J. Henning
Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis A New Crime for Corporate Misconduct? by : Peter J. Henning

Download or read book A New Crime for Corporate Misconduct? written by Peter J. Henning and published by . This book was released on 2014 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal prosecutors have explained the absence of any signature prosecutions of financial executives in the wake of the financial crisis to the high level of intent required by criminal laws typically used to prosecute economic crimes. If the barrier to holding individual executives is the lack of evidence of specific intent, the one possibility is to adopt a new crime based on recklessness for executive decisions that result in significant harm. In this essay, I look at how statutes in Germany and the United Kingdom shed light on how a provision can be crafted to hold senior managers responsible for reckless corporate decisions. But the question remains whether such a new law is needed in the wake of the financial crisis, and whether it would deter the type of risk taking expected in a business enterprise seeking a high return on capital.

Financial Crime and Corporate Misconduct

Author : Chris Monaghan
Publisher : Routledge
ISBN 13 : 1351366912
Total Pages : 361 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Financial Crime and Corporate Misconduct by : Chris Monaghan

Download or read book Financial Crime and Corporate Misconduct written by Chris Monaghan and published by Routledge. This book was released on 2018-10-03 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences. The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.

Dirty Business

Author : Maurice Punch
Publisher : SAGE
ISBN 13 : 9780803976047
Total Pages : 318 pages
Book Rating : 4.9/5 (76 download)

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Book Synopsis Dirty Business by : Maurice Punch

Download or read book Dirty Business written by Maurice Punch and published by SAGE. This book was released on 1996-12-23 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on both theory and major case studies, this book provides a much-needed sociological and comparative analysis of the world of the manager in the context of misconduct within business organizations. Organizational misbehaviour and crime have been relatively neglected in the social sciences, particularly in business studies. Analyses have tended to be fragmentary, overly slanted towards narrow external views - such as those of legal control and public policy - and predominantly North American. Dirty Business rectifies this by offering a broad sociological perspective related to work, organizations and management, supported by a range of key international case studies. In developing his arguments, Maurice Punch

Corporate Crime & Financial Fraud

Author : Miriam F. Weismann
Publisher :
ISBN 13 : 9781614385073
Total Pages : 370 pages
Book Rating : 4.3/5 (85 download)

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Book Synopsis Corporate Crime & Financial Fraud by : Miriam F. Weismann

Download or read book Corporate Crime & Financial Fraud written by Miriam F. Weismann and published by . This book was released on 2012 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Corporate Crime and Financial Misdealing

Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
ISBN 13 : 1783474475
Total Pages : 389 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on Corporate Crime and Financial Misdealing by : Jennifer Arlen

Download or read book Research Handbook on Corporate Crime and Financial Misdealing written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2018-04-28 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jennifer Arlen brings together 13 original chapters by leading scholars that examine how to deter corporate misconduct through public enforcement and private interventions. Scholars from a variety of disciplines present both theoretical and empirical analyses of organizational and individual liability for corporate crime, liability for foreign corruption, securities fraud enforcement, compliance, corporate investigations, and whistleblowing. This Research Handbook also highlights promising avenues for future research.

Corporate Misconduct

Author : Margaret P. Spencer
Publisher : Praeger
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Corporate Misconduct by : Margaret P. Spencer

Download or read book Corporate Misconduct written by Margaret P. Spencer and published by Praeger. This book was released on 1995-03-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth discussion and analysis of corporate misconduct and its complexities. Volume editors and their contributors explore the legal, societal, and business ramifications; offer a wide range of real-world and theoretical examples and the lessons they teach; and provide practical recommendations to management for countering misconduct in their own organizations. The book is also a valuable resource for teachers and students of business ethics, management, and business-government relations.

Controlling Unlawful Organizational Behavior

Author : Diane Vaughan
Publisher : University of Chicago Press
ISBN 13 : 0226851745
Total Pages : 188 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis Controlling Unlawful Organizational Behavior by : Diane Vaughan

Download or read book Controlling Unlawful Organizational Behavior written by Diane Vaughan and published by University of Chicago Press. This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diane Vaughan reconstructs the Ohio Revco case, an example of Medicaid provider fraud in which a large drugstore chain initiated a computer-generated double billing scheme that cost the state and federal government half a million dollars in Medicaid funds, funds that the company believed were rightfully theirs. Her analysis of this incident—why the crime was committed, how it was detected, and how the case was built—provides a fascinating inside look at computer crime. Vaughan concludes that organizational misconduct could be decreased by less regulation and more sensitive bureaucratic response.

Crime, Incorporated

Author : Miriam F. Weismann
Publisher : American Bar Association
ISBN 13 : 9781604423761
Total Pages : 0 pages
Book Rating : 4.4/5 (237 download)

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Book Synopsis Crime, Incorporated by : Miriam F. Weismann

Download or read book Crime, Incorporated written by Miriam F. Weismann and published by American Bar Association. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, whether prosecuting or defending, the approach to understanding organizational crime has become more difficult because of the increased multi-organizational character of corporate crime. Crime, Incorporated: Legal and Financial Implications of Corporate Misconduct, provides a complete re-examination of how traditional legal rules and their application given how corporate crime has changed in the last decade.

Punishing Corporate Crime

Author : James T. O'Reilly
Publisher : Oxford University Press
ISBN 13 : 0195386795
Total Pages : 297 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Punishing Corporate Crime by : James T. O'Reilly

Download or read book Punishing Corporate Crime written by James T. O'Reilly and published by Oxford University Press. This book was released on 2009-09-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Richard D. Hartley
Publisher : Bloomsbury Publishing USA
ISBN 13 : 159884086X
Total Pages : 272 pages
Book Rating : 4.5/5 (988 download)

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Book Synopsis Corporate Crime by : Richard D. Hartley

Download or read book Corporate Crime written by Richard D. Hartley and published by Bloomsbury Publishing USA. This book was released on 2008-03-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Why They Do It

Author : Eugene Soltes
Publisher : Public Affairs
ISBN 13 : 1610395360
Total Pages : 460 pages
Book Rating : 4.6/5 (13 download)

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Book Synopsis Why They Do It by : Eugene Soltes

Download or read book Why They Do It written by Eugene Soltes and published by Public Affairs. This book was released on 2016-10-11 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial fraud in the United States costs nearly $400 billion annually. The executives responsible for this corporate duplicity usually earn excellent salaries. So why do they become criminals? Harvard Business School professor Eugene Soltes shares his findings after years of extensive research. His numerous case histories make for fascinating reading. He speaks almost exclusively about men so don't look for gender-neutral pronouns. As Soltes explains, "Women are conspicuously absent from the ranks of prominent white-collar criminals." getAbstract recommends his compelling study to business students and professors, executives, business pundits, financial law enforcement officials and anyone who handles the money.

Corporate criminal intent

Author : Ann Foerschler
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Corporate criminal intent by : Ann Foerschler

Download or read book Corporate criminal intent written by Ann Foerschler and published by . This book was released on 1990 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Financial Crime and Corporate Misconduct

Author : Chris Monaghan
Publisher : Routledge
ISBN 13 : 9780367498474
Total Pages : 214 pages
Book Rating : 4.4/5 (984 download)

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Book Synopsis Financial Crime and Corporate Misconduct by : Chris Monaghan

Download or read book Financial Crime and Corporate Misconduct written by Chris Monaghan and published by Routledge. This book was released on 2020-02-25 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud, and white-collar offences.

The Handbook of White-Collar Crime

Author : Melissa L. Rorie
Publisher : John Wiley & Sons
ISBN 13 : 1118774884
Total Pages : 543 pages
Book Rating : 4.1/5 (187 download)

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Book Synopsis The Handbook of White-Collar Crime by : Melissa L. Rorie

Download or read book The Handbook of White-Collar Crime written by Melissa L. Rorie and published by John Wiley & Sons. This book was released on 2019-11-12 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Misconduct as White-Collar Crime

Author : Rita Faria
Publisher : Springer
ISBN 13 : 3319734350
Total Pages : 258 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Research Misconduct as White-Collar Crime by : Rita Faria

Download or read book Research Misconduct as White-Collar Crime written by Rita Faria and published by Springer. This book was released on 2018-09-20 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the subject of research misconduct: its definition, what behaviours should fall under its label, and the types of preventive and repressive procedures that should be put to practice to combat it. Adopting a criminological perspective, Faria views research misconduct as a locus of analysis for corporate and white-collar crime. Based upon an empirical study involving in-depth interviews and documentary analysis, this original research offers an interesting approach to an age-old problem which is growing ever more important. The commodification of research – together with perceived risks of research misconduct – is opening the way to ambiguous and ineffective forms of social control over scholars, affecting their commitment to research integrity and the responsible conduct of research. Despite this, however, little consensus around the phenomenon exists. Seeking to counter this, Faria opens up the discussion on the potential social harms arising from the current state of affairs, and argues that that criminology should task itself with understanding and researching the pressing topic of research misconduct, including fabrication, falsification, and plagiarism, as well as questionable research practices.

Prosecutors in the Boardroom

Author : Anthony S. Barkow
Publisher : NYU Press
ISBN 13 : 0814723144
Total Pages : 288 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Prosecutors in the Boardroom by : Anthony S. Barkow

Download or read book Prosecutors in the Boardroom written by Anthony S. Barkow and published by NYU Press. This book was released on 2011-04-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Measuring Compliance

Author : Melissa Rorie
Publisher :
ISBN 13 : 1108488595
Total Pages : 325 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Measuring Compliance by : Melissa Rorie

Download or read book Measuring Compliance written by Melissa Rorie and published by . This book was released on 2022-02-24 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Measuring Corporate Compliance is a 'one-stop-shop' for individuals looking to assess the effectiveness of compliance programs and policies.