Corporations As Criminals
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Author |
: John C. Coffee |
Publisher |
: Berrett-Koehler Publishers |
Total Pages |
: 214 |
Release |
: 2020-08-04 |
ISBN-10 |
: 9781523088874 |
ISBN-13 |
: 1523088877 |
Rating |
: 4/5 (74 Downloads) |
Synopsis Corporate Crime and Punishment by : John C. Coffee
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
Author |
: Steve Tombs |
Publisher |
: Routledge |
Total Pages |
: 153 |
Release |
: 2015-03-27 |
ISBN-10 |
: 9781135264338 |
ISBN-13 |
: 1135264333 |
Rating |
: 4/5 (38 Downloads) |
Synopsis The Corporate Criminal by : Steve Tombs
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.
Author |
: Steve Tombs |
Publisher |
: Routledge |
Total Pages |
: 227 |
Release |
: 2015-03-27 |
ISBN-10 |
: 9781135264345 |
ISBN-13 |
: 1135264341 |
Rating |
: 4/5 (45 Downloads) |
Synopsis The Corporate Criminal by : Steve Tombs
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.
Author |
: Ellen Hochstedler Steury |
Publisher |
: SAGE Publications, Incorporated |
Total Pages |
: 176 |
Release |
: 1984 |
ISBN-10 |
: UCAL:B4919923 |
ISBN-13 |
: |
Rating |
: 4/5 (23 Downloads) |
Synopsis Corporations as Criminals by : Ellen Hochstedler Steury
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.
Author |
: Anthony S. Barkow |
Publisher |
: NYU Press |
Total Pages |
: 288 |
Release |
: 2011-04-18 |
ISBN-10 |
: 9780814787038 |
ISBN-13 |
: 0814787037 |
Rating |
: 4/5 (38 Downloads) |
Synopsis Prosecutors in the Boardroom by : Anthony S. Barkow
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
Author |
: Mark Pieth |
Publisher |
: Springer Science & Business Media |
Total Pages |
: 401 |
Release |
: 2011-04-20 |
ISBN-10 |
: 9789400706743 |
ISBN-13 |
: 940070674X |
Rating |
: 4/5 (43 Downloads) |
Synopsis Corporate Criminal Liability by : Mark Pieth
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.
Author |
: Kip Schlegel |
Publisher |
: UPNE |
Total Pages |
: 268 |
Release |
: 1990 |
ISBN-10 |
: 1555530761 |
ISBN-13 |
: 9781555530761 |
Rating |
: 4/5 (61 Downloads) |
Synopsis Just Deserts for Corporate Criminals by : Kip Schlegel
Author |
: William S. Laufer |
Publisher |
: University of Chicago Press |
Total Pages |
: 306 |
Release |
: 2008-10-31 |
ISBN-10 |
: 9780226470429 |
ISBN-13 |
: 0226470423 |
Rating |
: 4/5 (29 Downloads) |
Synopsis Corporate Bodies and Guilty Minds by : William S. Laufer
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Author |
: Dominik Brodowski |
Publisher |
: Springer |
Total Pages |
: 352 |
Release |
: 2014-06-30 |
ISBN-10 |
: 9783319059938 |
ISBN-13 |
: 3319059939 |
Rating |
: 4/5 (38 Downloads) |
Synopsis Regulating Corporate Criminal Liability by : Dominik Brodowski
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.
Author |
: Celia Wells |
Publisher |
: Oxford University Press, USA |
Total Pages |
: 228 |
Release |
: 2001 |
ISBN-10 |
: 019924619X |
ISBN-13 |
: 9780199246199 |
Rating |
: 4/5 (9X Downloads) |
Synopsis Corporations and Criminal Responsibility by : Celia Wells
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.