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Capital Offenses Business Crime And Punishment In America S Corporate Age

Author: Samuel W. Buell
Publisher: W. W. Norton & Company
ISBN: 0393247848
Size: 42.56 MB
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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.

Prosecutors In The Boardroom

Author: Anthony S. Barkow
Publisher: NYU Press
ISBN: 0814787037
Size: 66.80 MB
Format: PDF, ePub
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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

Main Justice

Author: Jim McGee
Publisher: Simon and Schuster
ISBN: 0684832712
Size: 39.69 MB
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Presents a behind-the-scenes look at the Criminal Division of the Department of Justice

Defending White Collar Crime

Author: Kenneth Mann
Publisher:
ISBN: 9780300043686
Size: 40.99 MB
Format: PDF
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The first inside look at how the elite white-collar crime defense bar goes about its work. Mann's book reveals that these lawyers see their main task as controlling information about their clients, especially the flow of harmful information to government investigators. As both lawyer and sociologist, Mann was able to gain access only rarely available to scholars. His book raises important ethical and policy questions for the bar and for the administration of justice. People who think our criminal system is too soft on muggers and petty thieves can learn from Mann's book how soft things get when business-class thieves are in trouble. -- Michael Kinsley, Fortune

Corporate And White Collar Crime

Author: Kathleen F. Brickey
Publisher: Wolters Kluwer Law & Business
ISBN: 1454887117
Size: 71.95 MB
Format: PDF
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With its focus on substantive law, this book provides systematic and comprehensive consideration of major white-collar crime statutes in the federal criminal code, securities laws, and environmental statutes. The Sixth Edition of Corporate and White Collar Crime includes landmark decisions from the U.S. Supreme Court and federal appellate courts through 2016. New judicial decisions include: United States v. Newman (Insider Trading) Yates v. United States (Sarbanes Oxley) McDonnell v. United States (Bribery of Public Officials) RJR v. European Commission (RICO / extraterritorial application)

Research Handbook On Corporate Crime And Financial Misdealing

Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
ISBN: 1783474475
Size: 56.58 MB
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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.

Too Big To Jail

Author: Brandon L. Garrett
Publisher: Harvard University Press
ISBN: 0674744616
Size: 48.34 MB
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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.

Capital Punishment In Japan

Author: Petra Schmidt
Publisher: BRILL
ISBN: 9789004124219
Size: 63.85 MB
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This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan.