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Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Colin King
Publisher : Springer
ISBN 13 : 3319785621
Total Pages : 167 pages
Book Rating : 4.3/5 (197 download)
Download or read book Negotiated Justice and Corporate Crime written by Colin King and published by Springer. This book was released on 2018-05-21 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.
Author : John C. Coffee
Publisher : Berrett-Koehler Publishers
ISBN 13 : 1523088877
Total Pages : 214 pages
Book Rating : 4.5/5 (23 download)
Download or read book Corporate Crime and Punishment written by John C. Coffee and published by Berrett-Koehler Publishers. This book was released on 2020-08-04 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : Anthony S. Barkow
Publisher : NYU Press
ISBN 13 : 0814787037
Total Pages : 288 pages
Book Rating : 4.8/5 (147 download)
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
Author : Victoria Colvin
Publisher : Routledge
ISBN 13 : 042988494X
Total Pages : 406 pages
Book Rating : 4.4/5 (298 download)
Download or read book The Evolving Role of the Public Prosecutor written by Victoria Colvin and published by Routledge. This book was released on 2018-09-24 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
Author : Roman L. Weil
Publisher : John Wiley & Sons
ISBN 13 : 1118237404
Total Pages : 1022 pages
Book Rating : 4.1/5 (182 download)
Download or read book Litigation Services Handbook written by Roman L. Weil and published by John Wiley & Sons. This book was released on 2012-07-10 with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.
Author : Tina Søreide
Publisher : Edward Elgar Publishing
ISBN 13 : 1788970411
Total Pages : 377 pages
Book Rating : 4.7/5 (889 download)
Download or read book Negotiated Settlements in Bribery Cases written by Tina Søreide and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
Author : Mike Koehler
Publisher : Edward Elgar Publishing
ISBN 13 : 1781954410
Total Pages : 417 pages
Book Rating : 4.7/5 (819 download)
Download or read book The Foreign Corrupt Practices Act in a New Era written by Mike Koehler and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the Šworld�s most ethical FCPA violators,� Šthe faˆade of
Author : Oscar M. Granados
Publisher : Springer Nature
ISBN 13 : 303081484X
Total Pages : 168 pages
Book Rating : 4.0/5 (38 download)
Download or read book Corruption Networks written by Oscar M. Granados and published by Springer Nature. This book was released on 2021-09-24 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to gather the insight of leading experts on corruption and anti-corruption studies working at the scientific frontier of this phenomenon using the multidisciplinary tools of data and network science, in order to present current theoretical, empirical, and operational efforts being performed in order to curb this problem. The research results strengthen the importance of evidence-based approaches in the fight against corruption in all its forms, and foster the discussion about the best ways to convert the obtained knowledge into public policy. The contributed chapters provide comprehensive and multidisciplinary approaches to handle the non-trivial structural and dynamical aspects that characterize the modern social, economic, political and technological systems where corruption takes place. This book will serve a broad multi-disciplinary audience from natural to social scientists, applied mathematicians, including law and policymakers.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Jesse Eisinger
Publisher : Simon and Schuster
ISBN 13 : 1501121383
Total Pages : 434 pages
Book Rating : 4.5/5 (11 download)
Download or read book The Chickenshit Club written by Jesse Eisinger and published by Simon and Schuster. This book was released on 2017-07-11 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Excellence in Financial Journalism Award From Pulitzer Prize–winning journalist Jesse Eisinger, “a fast moving, fly-on-the-wall, disheartening look at the deterioration of the Justice Department and the Securities and Exchange Commission…It is a book of superheroes” (San Francisco Review of Books). Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond. The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek). Jesse Eisinger begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives. “Brave and elegant…a fearless reporter…Eisinger’s important and profound book takes no prisoners” (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).
Author : Jeremy Horder
Publisher : Cambridge University Press
ISBN 13 : 110735496X
Total Pages : 383 pages
Book Rating : 4.1/5 (73 download)
Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Author :
Publisher :
ISBN 13 : 9781402408120
Total Pages : 0 pages
Book Rating : 4.4/5 (81 download)
Download or read book Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues provides that necessary information. Stocked with easy-to-follow checklists, the Deskbook shows you how to carry out internal investigations that spot and stop legal problems, protect the rights of employees when they're subject to investigation or prosecution, and cooperate with government investigators in ways that help reduce legal and financial damage if wrongdoing is proved.
Author : Michael G Santos
Publisher :
ISBN 13 :
Total Pages : 532 pages
Book Rating : 4.6/5 (422 download)
Download or read book Earning Freedom! written by Michael G Santos and published by . This book was released on 2020-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Santos helps audiences understand how to overcome the struggle of a lengthy prison term. Readers get to experience the mindset of a 23-year-old young man that goes into prison at the start of America's War on Drugs. They see how decisions that Santos made at different stages in the journey opened opportunities for a life of growth, fulfillment, and meaning.Santos tells the story in three sections: Veni, Vidi, Vici.In the first section of the book, we see the challenges of the arrest, the reflections while in jail, the criminal trial, and the imposition of a 45-year prison term.In the second section of the book, we learn how Santos opened opportunities to grow. By writing letters to universities, he found his way into a college program. After earning an undergraduate degree, he pursued a master's degree. After earning a master's degree, he began work toward a doctorate degree. When authorities blocked his pathway to complete his formal education, Santos shifted his energy to publishing and creating business opportunities from inside of prison boundaries.In the final section, we learn how Santos relied upon critical-thinking skills to position himself for a successful journey inside. He nurtured a relationship with Carole and married her inside of a prison visiting room. Then, he began building businesses that would allow him to return to society strong, with his dignity intact.Through Earning Freedom! readers learn how to overcome struggles and challenges. At any time, we can recalibrate, we can begin working toward a better life. Santos served 9,135 days in prison, and another 365 days in a halfway house before concluding 26 years as a federal prisoner. Through his various websites, he continues to document how the decisions he made in prison put him on a pathway to succeed upon release.
Author : Judith Seddon
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 987 pages
Book Rating : 4.9/5 (123 download)
Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264677852
Total Pages : 224 pages
Book Rating : 4.2/5 (646 download)
Download or read book Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention written by OECD and published by OECD Publishing. This book was released on 2019-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.3/5 ( download)
Download or read book Principles of Federal Prosecution written by United States. Department of Justice and published by . This book was released on 1980 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
