Punishing Corporate Crime

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199748489
Total Pages : 296 pages
Book Rating : 4.1/5 (997 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 2009-09-03 with total page 296 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 and Punishment

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

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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

The Handbook of White-Collar Crime

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Author :
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.

Too Big to Jail

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Author :
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.

Punishing Corporate Crime

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Author :
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 in America

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Author :
Publisher : DIANE Publishing
ISBN 13 : 0788171615
Total Pages : 504 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Corporate Crime in America by : Richard P. Conaboy

Download or read book Corporate Crime in America written by Richard P. Conaboy and published by DIANE Publishing. This book was released on 1998-07 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This symposium focused on the ways in which companies, industries, & enforcement officials have responded to the organizational sentencing guidelines' incentives & other changes in the enforcement landscape that encourage businesses to develop strong compliance programs & adopt crime-controlling measures. Topics included organizational guidelines, corporate experiences in developing effective compliance programs, evolving compliance standards, enforcement schemes & policies, protection of compliance practices from disclosure, & the government's role in fostering good corporate citizenship.Ó Illustrated.

Just Deserts for Corporate Criminals

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Author :
Publisher : UPNE
ISBN 13 : 9781555530761
Total Pages : 268 pages
Book Rating : 4.5/5 (37 download)

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Book Synopsis Just Deserts for Corporate Criminals by : Kip Schlegel

Download or read book Just Deserts for Corporate Criminals written by Kip Schlegel and published by UPNE. This book was released on 1990 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Crime

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Author :
Publisher : University of Toronto Press
ISBN 13 : 9780802076212
Total Pages : 452 pages
Book Rating : 4.0/5 (762 download)

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Book Synopsis Corporate Crime by : Frank Pearce

Download or read book Corporate Crime written by Frank Pearce and published by University of Toronto Press. This book was released on 1995-01-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Crime is a collection of original papers by many of the world's leading experts on corporate crime, and covers its causes, extent, and control.

Corporate Crime and Punishment

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Author :
Publisher : Berrett-Koehler Publishers
ISBN 13 : 1523088869
Total Pages : 216 pages
Book Rating : 4.5/5 (23 download)

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

Download or read book Corporate Crime and Punishment written by John C. Coffee Jr. and published by Berrett-Koehler Publishers. This book was released on 2020-08-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, former Commissioner, Securities and Exchange Commission 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.

Regulating Corporate Criminal Liability

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Author :
Publisher : Springer
ISBN 13 : 3319059939
Total Pages : 360 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Regulating Corporate Criminal Liability by : Dominik Brodowski

Download or read book Regulating Corporate Criminal Liability written by Dominik Brodowski and published by Springer. This book was released on 2014-06-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.

Punishment Without Crime

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Publisher : Basic Books
ISBN 13 : 0465093809
Total Pages : 320 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Punishment Without Crime by : Alexandra Natapoff

Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

The Corporate Criminal

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Author :
Publisher : Routledge
ISBN 13 : 1135264333
Total Pages : 153 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Corporate Criminal by : Steve Tombs

Download or read book The Corporate Criminal written by Steve Tombs and published by Routledge. This book was released on 2015-03-27 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, profit-making, corporation is a habitual and routine offender. The book dissects the myth that the corporation can be a rational, responsible, 'citizen'. It shows how in its present form, the corporation is permitted, licensed and encouraged to systematically kill, maim and steal for profit. Corporations are constructed through law and politics in ways that impel them to cause harm to people and the environment. In other words, criminality is part of the DNA of the modern corporation. Therefore, the authors argue, the corporation cannot be easily reformed. The only feasible solution to this 'crime' problem is to abolish the legal and political privileges that enable the corporation to act with impunity.

Prosecutors in the Boardroom

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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

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

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Author :
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.

Corporate Crime, Law, and Social Control

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521580838
Total Pages : 196 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Corporate Crime, Law, and Social Control by : Sally S. Simpson

Download or read book Corporate Crime, Law, and Social Control written by Sally S. Simpson and published by Cambridge University Press. This book was released on 2002-03-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do corporations obey the law? When companies violate the law, what kinds of interventions are most apt to correct their behavior and return them to compliant status? In this book Sally Simpson examines whether the shift towards the use of criminal law, with its emphasis on punishment and stigmatization, is an effective strategy for controlling illegal corporate behavior. She concludes that strict criminalization models will not yield sufficiently high levels of compliance. Empirical data suggest that in most cases cooperative models work best with most corporate offenders. Because some corporate managers, however, respond primarily to instrumental concerns, Simpson argues that compliance should also be buttressed by punitive strategies. Her review and application of the relevant empirical literature on corporate crime and compliance combined with her judicious examination of theory and approaches, make a valuable new contribution to the literature on white-collar crime and deterrence and criminal behavior more generally.

The Oxford Handbook of Prosecutors and Prosecution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190905441
Total Pages : 696 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Oxford Handbook of Prosecutors and Prosecution by : Ronald F. Wright

Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

Encyclopedia of White-Collar & Corporate Crime

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Author :
Publisher : SAGE
ISBN 13 : 0761930043
Total Pages : 1013 pages
Book Rating : 4.7/5 (619 download)

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Book Synopsis Encyclopedia of White-Collar & Corporate Crime by : Lawrence M. Salinger

Download or read book Encyclopedia of White-Collar & Corporate Crime written by Lawrence M. Salinger and published by SAGE. This book was released on 2005 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a thorough reappraisal of the white-collar and corporate crime scene, this Second Edition builds on the first edition to complete the criminal narrative in an outstanding reference resource.