Prosecutors In The Boardroom

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Prosecutors in the Boardroom

Author : Anthony S. Barkow
Publisher : NYU Press
ISBN 13 : 0814723144
Total Pages : 287 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 287 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

Prosecutors in the Boardroom

Author : Anthony S. Barkow
Publisher : NYU Press
ISBN 13 : 0814787037
Total Pages : 277 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 277 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

Prosecuting Corporations for Genocide

Author : Michael J. Kelly
Publisher : Oxford University Press
ISBN 13 : 0190238925
Total Pages : 280 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Prosecuting Corporations for Genocide by : Michael J. Kelly

Download or read book Prosecuting Corporations for Genocide written by Michael J. Kelly and published by Oxford University Press. This book was released on 2016-02-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.

The Law of Governance, Risk Management and Compliance

Author : Geoffrey P. Miller
Publisher : Aspen Publishing
ISBN 13 : 1543815995
Total Pages : 1243 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis The Law of Governance, Risk Management and Compliance by : Geoffrey P. Miller

Download or read book The Law of Governance, Risk Management and Compliance written by Geoffrey P. Miller and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Miller’s The Law of Governance, Risk Management and Compliance is widely credited for introducing a new field of legal studies. Compliance and its related subjects of governance and risk management are major sources of jobs and also important developments in legal practice. The billions of dollars of fines paid over the past decade and the burgeoning and seemingly never-ending parade of compliance and risk management breakdowns – recently including the Wells Fargo sales practices scandal, the Volkswagen emissions cheat, and the Boeing 737 MAX crisis – all attest to the importance of the issues treated in this readable and timely book. New to the Third Edition: Comprehensive updates on recent developments New treatment of compliance failures: Wells Fargo account opening scandal, Volkswagen emissions cheat, important developments in Catholic Church sex abuse scandal. New treatment of risk management failures: the Boeing 737 MAX scandal. Professors and students will benefit from: Clear, concise definitions Fun and interesting problems Real-world perspective from an author who has been involved both as a scholar and as a member of a corporate board of directors Highly readable and interesting writing Text boxes containing key concepts and definitions Realistic problems for class discussion and analysis

Too Big to Jail

Author : Brandon L. Garrett
Publisher : Harvard University Press
ISBN 13 : 0674744616
Total Pages : 400 pages
Book Rating : 4.6/5 (747 download)

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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 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts routinely hand down harsh sentences to individuals, 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.

Global Banks on Trial

Author : Pierre-Hugues Verdier
Publisher : Oxford University Press
ISBN 13 : 0190675799
Total Pages : 281 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Global Banks on Trial by : Pierre-Hugues Verdier

Download or read book Global Banks on Trial written by Pierre-Hugues Verdier and published by Oxford University Press. This book was released on 2020-02-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since the 2008 financial crisis, U.S. federal prosecutors have brought dozens of criminal cases against the world's most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent monitors. In effect, they agreed to become worldwide enforcers of U.S. law, including financial sanctions-sometimes despite their own governments' protests. This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over access to vital hubs of the international financial system. In some areas, unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and spurred attempts to challenge U.S. dominance of international finance.

Corporate Crime and Punishment

Author : Cornelia Woll
Publisher : Princeton University Press
ISBN 13 : 0691250324
Total Pages : 248 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Corporate Crime and Punishment by : Cornelia Woll

Download or read book Corporate Crime and Punishment written by Cornelia Woll and published by Princeton University Press. This book was released on 2023-10-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the last decade, many of the world's biggest companies have been embroiled in legal disputes over corruption, fraud, environmental damage, taxation issues, or sanction violations, ending either in convictions or settlements of record-breaking fines that have surpassed the billion-dollar mark. For critics of globalisation, this turn towards corporate accountability is a welcome change, showing that multinational companies are not above the law. In this book, Cornelia Woll considers how far this turn toward negotiated corporate justice, and the United States' legal action against multinationals in particular, is motivated by geopolitical and geoeconomic concerns. Woll analyses the evolution of corporate criminal prosecutions in the United States, as well as the extraterritorial expansion of its jurisdictions, and demonstrates a notable bias against foreign firms. In extreme cases, she argues, this type of legal action is used for explicitly strategic purposes to further US economic interests at home and abroad, a practice known as 'economic lawfare'. By studying the recent institutional and legal changes within a range of countries that have seen their multinational companies targeted by the threat of US prosecutions - including the United Kingdom, Germany, Canada, and Brazil - Woll draws attention to the impact of this strategy in reshaping both national legal approaches to corporate criminal law and the protocols for business government relations. No government wishes to stand accused of allowing their own multinationals to get away with illegal or unethical practices that have only come to light via US investigations, nor do they wish to see the resulting fines from any legal proceedings paid out to the US justice system alone. Woll discusses the resulting measures taken, and those still needed, to strengthen national capacity to intervene in corporate misconduct cases, and considers the extent to which certain US actions exemplify the weaponisation of interdependence by a hegemonic power"--

The Changing Role of Criminal Law in Controlling Corporate Behavior

Author : James M. Anderson
Publisher : Rand Corporation
ISBN 13 : 0833087878
Total Pages : 146 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis The Changing Role of Criminal Law in Controlling Corporate Behavior by : James M. Anderson

Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.

Corporate Compliance

Author : Sharon Oded
Publisher : Edward Elgar Publishing
ISBN 13 : 1781954755
Total Pages : 337 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Corporate Compliance by : Sharon Oded

Download or read book Corporate Compliance written by Sharon Oded and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.

The Oxford Handbook of Law and Economics

Author : Francesco Parisi
Publisher : Oxford University Press
ISBN 13 : 0191507202
Total Pages : 544 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Handbook of Law and Economics by : Francesco Parisi

Download or read book The Oxford Handbook of Law and Economics written by Francesco Parisi and published by Oxford University Press. This book was released on 2017-04-04 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

Consumers Shortchanged?

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Consumers Shortchanged? by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law

Download or read book Consumers Shortchanged? written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law and published by . This book was released on 2015 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Confirmation Hearings on Federal Appointments

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 714 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Confirmation Hearings on Federal Appointments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Confirmation Hearings on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2013 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Capital Offenses: Business Crime and Punishment in America's Corporate Age

Author : Samuel W. Buell
Publisher : W. W. Norton & Company
ISBN 13 : 0393247848
Total Pages : 352 pages
Book Rating : 4.3/5 (932 download)

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Book Synopsis Capital Offenses: Business Crime and Punishment in America's Corporate Age by : Samuel W. Buell

Download or read book Capital Offenses: Business Crime and Punishment in America's Corporate Age written by Samuel W. Buell and published by W. W. Norton & Company. This book was released on 2016-08-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the lead prosecutor on the Enron investigation, an eye-opening examination of the explosion of American white-collar crime. If “corporations are people too,” why isn’t anyone in jail? A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal. In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators. Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations. An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.

Accountability, Transparency, and Uniformity in Corporate Deferred and Non-prosecution Agreements : Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, First Session, June 25, 2009

Download Accountability, Transparency, and Uniformity in Corporate Deferred and Non-prosecution Agreements : Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, First Session, June 25, 2009 PDF Online Free

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Accountability, Transparency, and Uniformity in Corporate Deferred and Non-prosecution Agreements : Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, First Session, June 25, 2009 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law

Download or read book Accountability, Transparency, and Uniformity in Corporate Deferred and Non-prosecution Agreements : Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, First Session, June 25, 2009 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of White-Collar Crime

Author : Shanna R. Van Slyke
Publisher : Oxford University Press
ISBN 13 : 0190495219
Total Pages : 712 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis The Oxford Handbook of White-Collar Crime by : Shanna R. Van Slyke

Download or read book The Oxford Handbook of White-Collar Crime written by Shanna R. Van Slyke and published by Oxford University Press. This book was released on 2016-03-01 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although white-collar crime has caused a substantial amount of damage on both the individual and societal levels, it often ranks below street crime as a matter of public concern. Thus, white-collar crime remains an ambiguous and even controversial topic among academics, with a relative dearth of scholarly focus on the issue. The Oxford Handbook of White-Collar Crime offers a comprehensive treatment of the most up-to-date theories and research regarding white-collar crime. Contributors tackle a vast range of topics, including the impact of white-collar crime, the contexts in which white-collar crime occurs, current crime policies and debates, and examinations of the criminals themselves. The volume concludes with a set of essays that discuss potential responses for controlling white-collar crime, as well as promising new avenues for future research. Uniting conceptual theories, empirical research, and ethnographic data, the Handbook provides the first unified analytic framework on white-collar crime. Given the astronomical aggregate losses to victims, building a more nuanced understanding of the dynamics of white-collar crime is a topic of immediate social concern. The definitive resource on white-collar crime, this Handbook will be a valuable resource for developing both intellectual and policy-related solutions.

Corporate and White Collar Crime

Author : Kathleen F. Brickey
Publisher : Aspen Publishing
ISBN 13 : 1543831060
Total Pages : 1056 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Corporate and White Collar Crime by : Kathleen F. Brickey

Download or read book Corporate and White Collar Crime written by Kathleen F. Brickey and published by Aspen Publishing. This book was released on 2021-02-23 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its focus on substantive law, Corporate and White Collar Crime: Cases and Materials provides systematic and comprehensive consideration of major white-collar crime statutes in the federal criminal code, securities laws, and environmental statutes. New to the 7th Edition: Shift in corporate prosecution policy and individual accountability from Obama-era Deputy Attorney General Sally Yates to Trump-era Deputy Attorney General Rod Rosenstein Obstruction of Justice as set out in the Mueller Report on the Investigation into Russian Interference in the 2016 Presidential Election High profile Supreme Court decision in the Bridgegate case, Kelly v. United States, 590 U.S. ___ (2020) on the limits of Honest Services Fraud prosecution Additional commentary on the apparent corporate crime wave, use of deferred prosecution and non-prosecution agreements, and white collar crime victims Professors and students will benefit from: Up-to-date examples of high-profile white collar crime investigations and legal opinions including the Supreme Court decision involving the Governor of Virginia and the Bridgegate case, as well as the Mueller investigation report Energetic and clear written explanations of white collar criminal offenses and concise case excerpts Attention to the Responsible Corporate Officer doctrine and individual responsibility for corporate crime more generally Case selection that clearly illustrates the elements of proof for the main federal white collar criminal offenses Teaching materials include: Case summaries Answers to the questions posed in the casebook Available in pdf form only

Research Handbook on Corporate Crime and Financial Misdealing

Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
ISBN 13 : 1783474475
Total Pages : 392 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 with total page 392 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.