Deferred Prosecution Agreements And Directors Liability

Download Deferred Prosecution Agreements And Directors Liability full books in PDF, epub, and Kindle. Read online Deferred Prosecution Agreements And Directors Liability ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Deferred Prosecution Agreements and Directors' Liability

Author : Natalie Turney
Publisher :
ISBN 13 : 9781032599540
Total Pages : 0 pages
Book Rating : 4.5/5 (995 download)

DOWNLOAD NOW!

Book Synopsis Deferred Prosecution Agreements and Directors' Liability by : Natalie Turney

Download or read book Deferred Prosecution Agreements and Directors' Liability written by Natalie Turney and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies. The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between the company and prosecutors, and this book addresses the key areas of exposure, and how various parties should address these risk areas in accordance with the law. The book is an increasingly necessary contribution to the topical discussion of the fallout of unsuccessful prosecutions of individuals implicated in the wrongdoing constituting the basis of DPAs, calling into question not only treatment of those individuals but also the integrity of the DPA tool itself. It also considers the impact of DPAs and arising exposures on directors' and officers' (D&O) liability insurance, therefore covering potential risk areas and the ability of directors to access a defence in protecting themselves from liability. The book covers the impact on all areas of a D&O policy, considering D&O policy wording and insurance law in doing so, providing a rounded account of issues arising in relation to company directors and how interested parties can act in the best interests of all whilst in accordance with law and policy. The primary audience for this book will be lawyers and practitioners in the corporate crime and/or insurance law space, including general counsels, solicitors, barristers, consultants, prosecuting authorities, legal academics, and so forth. It will also be of interest to company directors, and to students of financial crime, corporate criminal crime and insurance law, and will have great international appeal. Organisations likely to use the book will include prosecuting authorities, law firms working on corporate criminal liability or D&O insurance cases, and companies looking to protect themselves where there is alleged wrongdoing"--

Deferred Prosecution Agreements and Directors’ Liability

Author : Natalie Turney
Publisher : Taylor & Francis
ISBN 13 : 1040026702
Total Pages : 311 pages
Book Rating : 4.0/5 (4 download)

DOWNLOAD NOW!

Book Synopsis Deferred Prosecution Agreements and Directors’ Liability by : Natalie Turney

Download or read book Deferred Prosecution Agreements and Directors’ Liability written by Natalie Turney and published by Taylor & Francis. This book was released on 2024-06-19 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies. The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between the company and prosecutors, and this book addresses the key areas of exposure, and how various parties should address these risk areas in accordance with the law. The book is an increasingly necessary contribution to the topical discussion of the fallout of unsuccessful prosecutions of individuals implicated in the wrongdoing constituting the basis of DPAs, calling into question not only treatment of those individuals but also the integrity of the DPA tool itself. It also considers the impact of DPAs and arising exposures on directors’ and officers’ (D&O) liability insurance, therefore covering potential risk areas and the ability of directors to access a defence in protecting themselves from liability. The book covers the impact on all areas of a D&O policy, considering D&O policy wording and insurance law in doing so, providing a rounded account of issues arising in relation to company directors and how interested parties can act in the best interests of all whilst in accordance with law and policy. The primary audience for this book will be lawyers and practitioners in the corporate crime and/or insurance law space, including general counsels, solicitors, barristers, consultants, prosecuting authorities, legal academics, and so forth. It will also be of interest to company directors, and to students of financial crime, corporate criminal crime and insurance law, and will have great international appeal. Organisations likely to use the book will include prosecuting authorities, law firms working on corporate criminal liability or D&O insurance cases, and companies looking to protect themselves where there is alleged wrongdoing.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

DOWNLOAD NOW!

Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Too Big to Jail

Author : Brandon L. Garrett
Publisher : Harvard University Press
ISBN 13 : 0674744616
Total Pages : 380 pages
Book Rating : 4.6/5 (747 download)

DOWNLOAD NOW!

Book Synopsis Too Big to Jail by : Brandon L. Garrett

Download or read book Too Big to Jail written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2014-11-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Director Liability in Agricultural Cooperatives

Author : Douglas Fee
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (89 download)

DOWNLOAD NOW!

Book Synopsis Director Liability in Agricultural Cooperatives by : Douglas Fee

Download or read book Director Liability in Agricultural Cooperatives written by Douglas Fee and published by . This book was released on 1984 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Prosecutors in the Boardroom

Author : Anthony S. Barkow
Publisher : NYU Press
ISBN 13 : 0814787037
Total Pages : 288 pages
Book Rating : 4.8/5 (147 download)

DOWNLOAD NOW!

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

Model Rules of Professional Conduct

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 NOW!

Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

Corporate Crime and Punishment

Author : John C. Coffee
Publisher : Berrett-Koehler Publishers
ISBN 13 : 1523088877
Total Pages : 214 pages
Book Rating : 4.5/5 (23 download)

DOWNLOAD NOW!

Book Synopsis Corporate Crime and Punishment by : John C. Coffee

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

Negotiated Justice and Corporate Crime

Author : Colin King
Publisher : Springer
ISBN 13 : 3319785621
Total Pages : 167 pages
Book Rating : 4.3/5 (197 download)

DOWNLOAD NOW!

Book Synopsis Negotiated Justice and Corporate Crime by : Colin King

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.

Practitioner's Guide to Global Investigations

Author : Judith Seddon
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 987 pages
Book Rating : 4.9/5 (123 download)

DOWNLOAD NOW!

Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon

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.

Corporate Liability for Economic Crime

Author : Great Britain: Ministry of Justice
Publisher :
ISBN 13 : 9780101890229
Total Pages : 34 pages
Book Rating : 4.8/5 (92 download)

DOWNLOAD NOW!

Book Synopsis Corporate Liability for Economic Crime by : Great Britain: Ministry of Justice

Download or read book Corporate Liability for Economic Crime written by Great Britain: Ministry of Justice and published by . This book was released on 2017-03-07 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated January 2017. A TSO version of a title previously published by HM Government made available under the Open Government Licence v3.0(http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)

Corporate Criminal Liability

Author : Amanda Pinto
Publisher :
ISBN 13 : 9780414075283
Total Pages : 0 pages
Book Rating : 4.0/5 (752 download)

DOWNLOAD NOW!

Book Synopsis Corporate Criminal Liability by : Amanda Pinto

Download or read book Corporate Criminal Liability written by Amanda Pinto and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to explain the criminal process from the perspective of the corporate defendant with a scholarly analysis of the principles of corporate liability. In particular, it provides expert discussion on the latest practice on DPAs, issues with identification theory and delegation, questions of jurisdiction, and sentencing. The work also explains specific offences such as insolvency restrictions, Companies Act offences, and corporate manslaughter. New to this edition: Considers all key cases since the last edition including the Barclays case on corporate identification; Reviews practice in deferred prosecution orders (DPOs) after investigations into Rolls Royce and Tesco; A fully updated Appendix table as a 'quick reference' guide to specific offences, how they are tried, and aspects of sentencing.

Principles of Federal Prosecution

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.3/5 ( download)

DOWNLOAD NOW!

Book Synopsis Principles of Federal Prosecution by : United States. Department of Justice

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:

Why Not Jail?

Author : Rena Steinzor
Publisher : Cambridge University Press
ISBN 13 : 1107053404
Total Pages : 295 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!

Book Synopsis Why Not Jail? by : Rena Steinzor

Download or read book Why Not Jail? written by Rena Steinzor and published by Cambridge University Press. This book was released on 2015 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Department of Justice is under fire for failing to prosecute banks that caused the 2008 economic meltdown because they are too big to jail. Prosecutors have long neglected to hold corporate executives accountable for chronic mistakes that kill and injure workers and customers. This book, the first of its kind, analyzes five industrial catastrophes that have killed or sickened consumers and workers or caused irrevocable harm to the environment. From the Texas City refinery explosion to the Upper Big Branch mine collapse, the root causes of these preventable disasters include crimes of commission and omission. Although federal prosecutors have made a start on holding low-level managers liable, far more aggressive prosecution is appropriate as a matter of law, policy, and justice. Written in accessible and jargon-free language, this book recommends innovative interpretations of existing laws to elevate the prosecution of white-collar crime at the federal and state levels.

Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations

Author : Orin S. Kerr
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.A/5 ( download)

DOWNLOAD NOW!

Book Synopsis Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations by : Orin S. Kerr

Download or read book Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations written by Orin S. Kerr and published by . This book was released on 2001 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Directors' Duties and Corporate Anti-Corruption Compliance

Author : Patrick J. O’Malley
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436523
Total Pages : 336 pages
Book Rating : 4.7/5 (864 download)

DOWNLOAD NOW!

Book Synopsis Directors' Duties and Corporate Anti-Corruption Compliance by : Patrick J. O’Malley

Download or read book Directors' Duties and Corporate Anti-Corruption Compliance written by Patrick J. O’Malley and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines good governance developments concerning anti-bribery efforts in the US and the UK, recognising that with each new major case of corporate malfeasance the parameters of directors’ duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O’Malley compares the fundamental national compliance experiences of the US and UK. Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores systemic expectations of directors, executive officers and compliance personnel in public and private companies.

Oh, the Things I Know!

Author : Al Franken
Publisher : Penguin
ISBN 13 : 1101218959
Total Pages : 120 pages
Book Rating : 4.1/5 (12 download)

DOWNLOAD NOW!

Book Synopsis Oh, the Things I Know! by : Al Franken

Download or read book Oh, the Things I Know! written by Al Franken and published by Penguin. This book was released on 2002-04-29 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic New York Times bestseller by Senator Al Franken, author of Giant of the Senate Senator Al Franken, or Dr. Al Franken, as he prefers to be called, has written the first truly indispensable book of the new millennium. Filled with wisdom, observations, and practical tips you can put to work right away, Oh, the Things I Know! is a cradle-to-grave guide to living, an easy-to-follow user's manual for human existence. What does a megasuccess like Al Franken—bestselling author, Emmy-award winning television star, sitting U.S. Senator, and honorary Ph.D.—have to say to ordinary people like you? Well, as Dr. Al himself says, "There's no point in getting advice from hopeless failures." Join Mr. Franken—sorry, Dr. Franken—on a journey that will take you from your first job ("Oh, Are You Going to Hate Your First Job!"), through the perils and pitfalls of your twenties and thirties ("Oh, the Person of Your Dreams vs. the Person You Can Actually Attract!"), into the joys of marriage and parenthood ("Oh, Just Looking at Your Spouse Will Make Your Skin Crawl!"), all the way to the golden years of senior citizenship ("Oh, the Nursing Home You'll Wind Up In!"). Don't travel life's lonesome highway by yourself. Take Al Franken along, if not as an infallible guide, then at least as a friend who will make you laugh.