Corporations, Crime and Accountability

Corporations, Crime and Accountability

Author: Brent Fisse

Publisher: Cambridge University Press

Published: 1993

Total Pages: 292

ISBN-13: 9780521459235

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Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.


Book Synopsis Corporations, Crime and Accountability by : Brent Fisse

Download or read book Corporations, Crime and Accountability written by Brent Fisse and published by Cambridge University Press. This book was released on 1993 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.


Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law

Author: Kyriakakis, Joanna

Publisher: Edward Elgar Publishing

Published: 2021-12-09

Total Pages: 320

ISBN-13: 0857939505

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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.


Book Synopsis Corporations, Accountability and International Criminal Law by : Kyriakakis, Joanna

Download or read book Corporations, Accountability and International Criminal Law written by Kyriakakis, Joanna and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.


Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law

Author: J. Kyriakakis

Publisher: Edward Elgar Publishing

Published: 2021-12-28

Total Pages: 320

ISBN-13: 9780857939494

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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. Joanna Kyriakakis surveys the state of the art in the field, highlighting the case for the international criminal justice project to engage more fully with the role industry can play in atrocity. From the post World War II era to contemporary international criminal courts and tribunals and the activities of domestic criminal justice agencies, this book analyses cases and international law reform efforts aimed at accounting for business involvement in international crimes. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice. Students, practitioners and academics of international criminal law will find this a beneficial read, particularly through its engagement with the key contemporary debate around the extension of international criminal law to business actors. The exploration of how to address the global governance gap and better account for human rights abuses in transnational corporate activity will also make this an invigorating book for business and human rights scholars.


Book Synopsis Corporations, Accountability and International Criminal Law by : J. Kyriakakis

Download or read book Corporations, Accountability and International Criminal Law written by J. Kyriakakis and published by Edward Elgar Publishing. This book was released on 2021-12-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. Joanna Kyriakakis surveys the state of the art in the field, highlighting the case for the international criminal justice project to engage more fully with the role industry can play in atrocity. From the post World War II era to contemporary international criminal courts and tribunals and the activities of domestic criminal justice agencies, this book analyses cases and international law reform efforts aimed at accounting for business involvement in international crimes. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice. Students, practitioners and academics of international criminal law will find this a beneficial read, particularly through its engagement with the key contemporary debate around the extension of international criminal law to business actors. The exploration of how to address the global governance gap and better account for human rights abuses in transnational corporate activity will also make this an invigorating book for business and human rights scholars.


Too Big to Jail

Too Big to Jail

Author: Brandon L. Garrett

Publisher: Harvard University Press

Published: 2014-11-03

Total Pages: 380

ISBN-13: 0674744616

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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.


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.


Corporate Crime, Accountability and Social Responsibility in Canada

Corporate Crime, Accountability and Social Responsibility in Canada

Author: Norman Keith

Publisher:

Published: 2016-04

Total Pages:

ISBN-13: 9780433488217

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"This book provides a comprehensive review of corporate crime and regulatory offences in Canada, including the evolution of corporate criminal liability, strict liability offences, defense of due diligence, and a practical summary of the charging, prosecution, and trial processes. The rights of corporations under the Charter are examined as are the new judicial sentencing and probationary powers. A new chapter on Corporate Social Responsibility ("CSR") explores the definition, objectives, drivers and criticisms of CSR, and examines Canadian and International CSR initiatives."--


Book Synopsis Corporate Crime, Accountability and Social Responsibility in Canada by : Norman Keith

Download or read book Corporate Crime, Accountability and Social Responsibility in Canada written by Norman Keith and published by . This book was released on 2016-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a comprehensive review of corporate crime and regulatory offences in Canada, including the evolution of corporate criminal liability, strict liability offences, defense of due diligence, and a practical summary of the charging, prosecution, and trial processes. The rights of corporations under the Charter are examined as are the new judicial sentencing and probationary powers. A new chapter on Corporate Social Responsibility ("CSR") explores the definition, objectives, drivers and criticisms of CSR, and examines Canadian and International CSR initiatives."--


Corporate Crime and Punishment

Corporate Crime and Punishment

Author: John C. Coffee

Publisher: Berrett-Koehler Publishers

Published: 2020-08-04

Total Pages: 214

ISBN-13: 1523088877

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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


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 Corporate Criminal

The Corporate Criminal

Author: Steve Tombs

Publisher: Routledge

Published: 2015-03-27

Total Pages: 153

ISBN-13: 1135264333

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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.


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

Prosecutors in the Boardroom

Author: Anthony S. Barkow

Publisher: NYU Press

Published: 2011-04-18

Total Pages: 288

ISBN-13: 0814787037

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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


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


The Handbook of White-Collar Crime

The Handbook of White-Collar Crime

Author: Melissa L. Rorie

Publisher: John Wiley & Sons

Published: 2019-11-12

Total Pages: 543

ISBN-13: 1118774884

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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.


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.


Corporate Crime :.

Corporate Crime :.

Author: United States. Government Accountability Office

Publisher:

Published: 2009

Total Pages:

ISBN-13:

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Book Synopsis Corporate Crime :. by : United States. Government Accountability Office

Download or read book Corporate Crime :. written by United States. Government Accountability Office and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: