The Prosecution Of Corporations

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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)

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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 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.

United States Attorneys' Manual

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

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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:

The Prosecution of Corporations

Author : Jonathan Clough
Publisher : Oxford University Press, USA
ISBN 13 : 9780195506457
Total Pages : 0 pages
Book Rating : 4.5/5 (64 download)

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Book Synopsis The Prosecution of Corporations by : Jonathan Clough

Download or read book The Prosecution of Corporations written by Jonathan Clough and published by Oxford University Press, USA. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Prosecution of Corporations and their Officers examines corporate prosecutions and sentencing in Australia. The book provides an exposition of existing laws and provides critical analysis of the legal complexity, and possibilities for reform.

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)

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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

Corporations and Criminal Responsibility

Author : Celia Wells
Publisher : Oxford University Press, USA
ISBN 13 : 9780199246199
Total Pages : 228 pages
Book Rating : 4.2/5 (461 download)

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Book Synopsis Corporations and Criminal Responsibility by : Celia Wells

Download or read book Corporations and Criminal Responsibility written by Celia Wells and published by Oxford University Press, USA. This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.

Combating Corporate Crime

Author : Michael L. Benson
Publisher : UPNE
ISBN 13 : 9781555533533
Total Pages : 286 pages
Book Rating : 4.5/5 (335 download)

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Book Synopsis Combating Corporate Crime by : Michael L. Benson

Download or read book Combating Corporate Crime written by Michael L. Benson and published by UPNE. This book was released on 1998 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major study of white-collar crime prosecutions by local governments.

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)

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

Download or read book Prosecutors in the Boardroom written by Anthony S. Barkow and published by NYU Press. This book was released on 2011-04-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna

Principles of Federal Prosecution

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

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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:

The Oxford Handbook of Prosecutors and Prosecution

Author : Ronald F. Wright
Publisher : Oxford University Press
ISBN 13 : 0190905425
Total Pages : 653 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 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. 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 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. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--

Corporate Criminal Liability

Author : Mark Pieth
Publisher : Springer Science & Business Media
ISBN 13 : 940070674X
Total Pages : 401 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Corporate Criminal Liability by : Mark Pieth

Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Corporate Crime

Author : Eileen Regen Larence
Publisher : DIANE Publishing
ISBN 13 : 1437927025
Total Pages : 47 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Corporate Crime by : Eileen Regen Larence

Download or read book Corporate Crime written by Eileen Regen Larence and published by DIANE Publishing. This book was released on 2010-05 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Criminal Liability

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

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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.

Corporations as Criminals

Author : Ellen Hochstedler Steury
Publisher : SAGE Publications, Incorporated
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Corporations as Criminals by : Ellen Hochstedler Steury

Download or read book Corporations as Criminals written by Ellen Hochstedler Steury and published by SAGE Publications, Incorporated. This book was released on 1984 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a corporation commit a crime? If so, who in the organization is to be held responsible and how does a criminal justice system, designed to process individual criminals, cope with the criminal corporation? This book explores both the theoretical and practical problems of bringing criminal sanctions against corporate offenders through the courts and regulatory agencies, and offers some of the latest legal, historical and sociological research on the subject of sanctionning corporate wrongs.

The Changing Role of Criminal Law in Controlling Corporate Behavior

Author : James M. Anderson
Publisher : Rand Corporation
ISBN 13 : 0833087878
Total Pages : 147 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 147 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.

Regulating Corporate Criminal Liability

Author : Dominik Brodowski
Publisher : Springer
ISBN 13 : 3319059939
Total Pages : 352 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 352 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.

The Corporate Criminal

Author : Steve Tombs
Publisher : Routledge
ISBN 13 : 1135264341
Total Pages : 227 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 227 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.

Revisiting the Question of Imputation in Corporate Criminal Law

Author : Constantine N. Nana
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443820075
Total Pages : 365 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Revisiting the Question of Imputation in Corporate Criminal Law by : Constantine N. Nana

Download or read book Revisiting the Question of Imputation in Corporate Criminal Law written by Constantine N. Nana and published by Cambridge Scholars Publishing. This book was released on 2010-02-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.