Capital Offenses Business Crime And Punishment In America S Corporate Age

Author : Samuel W. Buell
Publisher : W. W. Norton & Company
Page : 352 pages
File Size : 53,5 Mb
Release : 2016-08-16
Category : Business & Economics
ISBN : 9780393247848

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Capital Offenses: Business Crime and Punishment in America's Corporate Age by Samuel W. Buell Pdf

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.

Author : Samuel Buell
Publisher : National Geographic Books
Page : 0 pages
File Size : 52,5 Mb
Release : 2016-08-16
Category : Business & Economics
ISBN : 9780393247831

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Capital Offenses by Samuel Buell Pdf

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.

Author : Cornelia Woll
Publisher : Princeton University Press
Page : 248 pages
File Size : 51,6 Mb
Release : 2023-10-31
Category : Political Science
ISBN : 9780691253527

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Corporate Crime and Punishment by Cornelia Woll Pdf

The geopolitics of American law enforcement and how it changed corporate criminal accountability in other countries Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalization and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In this book, Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets. Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.

Author : Kathleen F. Brickey,Jennifer Taub
Publisher : Aspen Publishing
Page : 792 pages
File Size : 42,8 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781454881360

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Corporate and White Collar Crime by Kathleen F. Brickey,Jennifer Taub Pdf

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)

Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 49,8 Mb
Release : 2018
Category : Electronic
ISBN : 9781783474479

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Research Handbook on Corporate Crime and Financial Misdealing by Jennifer Arlen Pdf

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.

Author : Harvard Law Review
Publisher : Quid Pro Books
Page : 257 pages
File Size : 42,7 Mb
Release : 2017-04-10
Category : Law
ISBN : 9781610277846

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Harvard Law Review: Volume 130, Number 6 - April 2017 by Harvard Law Review Pdf

Author : Harpreet Kaur
Publisher : Springer Nature
Page : 217 pages
File Size : 48,7 Mb
Release : 2021-02-05
Category : Business & Economics
ISBN : 9789813340763

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Facets of Corporate Governance and Corporate Social Responsibility in India by Harpreet Kaur Pdf

This book focuses on the legal and social aspects of corporate governance through doctrinal and empirical research papers presented at the 9th International Conference on Governance Fraud Ethics and Social Responsibility held at National Law University Delhi in 2018. The papers encompass the internal and external factors that affect the interests of a company’s stakeholders, including shareholders, customers, suppliers, government regulators and management, and several other important players. The book provides better clarity on the concept of corporate governance and how it is intertwined with factors such as sustainability, social responsibility and the role of government, taxation and audit, and shareholder engagement.

Author : Martin Petrin,Christian Witting
Publisher : Edward Elgar Publishing
Page : 501 pages
File Size : 51,8 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781800371286

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Research Handbook on Corporate Liability by Martin Petrin,Christian Witting Pdf

This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.

Author : Robert A. G. Monks
Publisher : Walter de Gruyter GmbH & Co KG
Page : 229 pages
File Size : 43,9 Mb
Release : 2022-03-21
Category : Business & Economics
ISBN : 9783110696998

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The Emperor’s Nightmare by Robert A. G. Monks Pdf

From angry shareholders to concerned chief executives, almost everyone knows at a gut level that the present political system is not working. This book finds the root cause to be poor corporate governance. In the prequel to this book, The Emperor’s Nightingale, Robert A. G. Monks, one of the world’s foremost shareholder activists, had warned corporations against putting short-profit ahead of long-term value for all stakeholders. Few listened – and the result was system-wide trauma that only bold solutions can heal. In The Emperor’s Nightmare, his latest book, Monks reveals what can happen when corporate leadership abandons the common good to court and conquer a powerful elite. This insightful, honest, and direct portrayal of corporate governance and the surrounding political system will be of immense value to those interested in corporate governance – particularly shareholder and stakeholder advocates, and the true corporate leaders who serve them. In the end, better corporate governance means better democracy. This book shows the way.

Author : Klement Podnar
Publisher : Edward Elgar Publishing
Page : 579 pages
File Size : 40,5 Mb
Release : 2024-03-14
Category : Business & Economics
ISBN : 9781802200874

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Elgar Encyclopedia of Corporate Communication by Klement Podnar Pdf

This comprehensive Encyclopedia captures the intricacies of corporate communication, offering 87 clear, succinct definitions of important concepts within marketing, business, organizational communication and public relations followed by critical, literary analyses of significant research ventures.

Author : Pierre-Hugues Verdier
Publisher : Oxford University Press, USA
Page : 281 pages
File Size : 42,6 Mb
Release : 2020
Category : LAW
ISBN : 9780190675776

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Global Banks on Trial by Pierre-Hugues Verdier Pdf

Introduction : Global Banks, Regulators, and Prosecutore -- "I Think We Got Away With It" : Benchmark Manipulation -- "Geneva Is Lovely this Time of Year" : Offshore Tax Evasion -- "A Hidden War" : Sanctions Evasion -- "An Extortion and An Act of Piracy" : Enforcing Sovereign Debt -- Conclusion : The Future of Global Bank Prosecution

Author : Tina Søreide,Abiola Makinwa
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 42,9 Mb
Release : 2020-04-24
Category : Law
ISBN : 9781788970419

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Negotiated Settlements in Bribery Cases by Tina Søreide,Abiola Makinwa Pdf

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.

Author : J. S. Nelson,Lynn A. Stout
Publisher : Oxford University Press
Page : 545 pages
File Size : 51,5 Mb
Release : 2022
Category : Business & Economics
ISBN : 9780190610272

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Business Ethics by J. S. Nelson,Lynn A. Stout Pdf

An authoritative and practical guide to business ethics, written in an accessible-question-and answer format In today's turbulent business climate, business ethics are more important than ever. Surveys of employees show that misconduct is on the rise. Cover stories reporting indictments, prosecutions, and penalties imposed for unethical business conduct appear almost daily. Legislatures pass requirements elevating the levels of punishment and their enforcement against corporations and individuals. Organizations face pressure to design and implement effective ethics and compliance programs. As a result, businesses and businesspeople are increasingly worried that their conduct might cross lines that put their wealth and reputations at risk. Business Ethics: What Everyone Needs to Know (R) explains what those lines are, how not to cross them, and what to do when they are crossed. Written for both businesspeople facing real-life dilemmas and students studying ethical questions, this succinct book uniquely surveys materials from moral philosophy, behavioral science, and corporate law, and shares practical advice. Experts J.S. Nelson and Lynn A. Stout cover a wide array of essential topics including the legal status of corporations, major ethical traps in modern business, negotiations, whistleblowing and liability, and best practices. Written in a short question-and-answer style, this resource provides engaging and readable introductions to the basic principles of business ethics, and an invaluable guide for dealing with ethical dilemmas.

Author : Scott A. Shay
Publisher : Post Hill Press
Page : 950 pages
File Size : 50,8 Mb
Release : 2018-09-04
Category : Religion
ISBN : 9781682617939

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In Good Faith by Scott A. Shay Pdf

Prominent atheists claim the Bible is a racist text. Yet Dr. Martin Luther King Jr. read it daily. Then again, so did many ardent segregationists. Some atheists claim religion serves to oppress the masses. Yet the classic text of the French Revolution, What is the Third Estate?, was written by a priest. On the other hand, the revolutionaries ended up banning religion. What do we make of religion’s confusing role in history? And what of religion’s relationship to science? Some scientists claim that we have no free will. Others argue that advances in neurobiology and physics disprove determinism. As for whispering to the universe, an absurd habit say the skeptics. Yet prayer is a transformative practice for millions. This book explores the most common atheist critiques of the Bible and religion, incorporating Jewish, Christian, and Muslim voices. The result is a fresh, modern re-evaluation of religion and of atheism. Scott A. Shay is a Co-Founder and Chairman of Signature Bank and a longstanding Jewish community activist. Shay started a Hebrew school, an adult educational program, and chaired several Jewish educational programs. He is the author of Getting our Groove Back: How to Energize American Jewry and has been thinking about religion, reason, and modernity since wondering why his parents sent him to Hebrew school.

Author : Meg Gorzycki
Publisher : Wipf and Stock Publishers
Page : 178 pages
File Size : 44,5 Mb
Release : 2019-03-06
Category : Religion
ISBN : 9781532675652

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God Bless Our Cubicles by Meg Gorzycki Pdf

Weasels in the workplace, colleagues in crisis, and bombastic bosses--we all know what it is like to have a "job from hell." We also know that, despite our industriousness and integrity, many of us will someday have to choose between groceries, health care, and heating the apartment. The nuns who taught me in grade school said that all work, regardless of skills or status, was a ministry. By our helpfulness and kindness on the job, we contributed to the common good. Oh, to have those nuns in charge today! Our sense of social responsibility is eroding as the gap between the super-rich and everyone else grows, and as the rhetoric of leaders that is supposed to heal, deepen our humanity, and unite us is mean, shallow, and divisive. What are the spiritual to do in this material world, where social Darwinism and faith in God are joined at the hip? This book is about putting spirituality to work at work. It is about using spirituality to help us be in toxic places and not become toxic. It explores strategies for maintaining our humanity and moral compass, and it illuminates choices, prompts deep personal reflection, and chases demons from cubicles with humor.