Corporate Criminal Investigations And Prosecutions

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Corporate Criminal Investigations and Prosecutions

Author : Leo R. Tsao,Daniel S. Kahn,Eugene Soltes
Publisher : Aspen Publishing
Page : 690 pages
File Size : 54,9 Mb
Release : 2022-09-14
Category : Law
ISBN : 9781543813937

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Corporate Criminal Investigations and Prosecutions by Leo R. Tsao,Daniel S. Kahn,Eugene Soltes Pdf

Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Corporate Criminal Investigations and Prosecutions provides readers a comprehensive understanding of the process behind the investigation, prosecution, and resolution of criminal charges against organizations. Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and resolves corporate criminal violations. As a result of these developments, the practice of investigating, prosecuting, and resolving corporate criminal cases has many significant differences from other areas of criminal or civil law. Notably, one of the most significant aspects that distinguishes corporate criminal practice is that much of it occurs outside of the formal judicial system; nearly all DOJ corporate criminal matters are resolved through negotiated settlements, and very few cases involve court proceedings or go to trial. As a result, many parts of this practice remain relatively unknown to students and practitioners. Until now. With the publication of this book, authors Leo Tsao, Daniel Kahn, and Eugene Soltes, whose resumes collectively reflect the highest levels of practice and expertise in this field, open a window into all aspects of corporate criminal investigations and prosecutions. Professors and students will benefit from: The authors bring a unique perspective and unparalleled qualifications to the subject of corporate criminal liability. Daniel Kahn is the former acting Deputy Assistant Attorney General of the Criminal Division and former Chief of the Fraud Section and FCPA Unit. Leo Tsao is the former Principal Deputy Chief of the Money Laundering and Asset Recovery Section and has held supervisory positions in the Bank Integrity Unit and FCPA Unit within the DOJ's Criminal Division. Eugene Soltes is a professor at Harvard Business School, and regularly teaches and advises companies on corporate integrity, organizational cultures, and compliance systems. Comprehensive coverage: Part One addresses topics that are generally applicable to all corporate criminal cases, such as the legal principles underlying corporate criminal liability; the individual liability of corporate officers for corporate crimes; and the constitutional rights of criminal corporate defendants--to name a few. Part Two addresses specific categories of federal crimes commonly used to charge corporate defendants, such as conspiracy, the FCPA, the Bank Secrecy Act, antitrust laws, and RICO. Part Two also provides insights into criminal activity and law enforcement within the technology sector as it pertains to virtual currency (e.g., Bitcoin). Extensive online resources include discussion questions, and relevant case material for key chapters

Too Big to Jail

Author : Brandon L. Garrett
Publisher : Harvard University Press
Page : 400 pages
File Size : 50,6 Mb
Release : 2014-11-03
Category : Law
ISBN : 9780674744615

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Too Big to Jail by Brandon L. Garrett Pdf

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.

Responding to Corporate Criminal Investigations

Author : Kirby D. Behre,Morgan J. Miller
Publisher : Bureau of National Affairs (BNA)
Page : 0 pages
File Size : 46,9 Mb
Release : 2013
Category : Corporation law
ISBN : 1617460060

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Responding to Corporate Criminal Investigations by Kirby D. Behre,Morgan J. Miller Pdf

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 54,5 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395

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United States Attorneys' Manual by United States. Department of Justice Pdf

Corporate Crime and Punishment

Author : John C. Coffee
Publisher : Berrett-Koehler Publishers
Page : 214 pages
File Size : 43,9 Mb
Release : 2020-08-04
Category : Business & Economics
ISBN : 9781523088874

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Corporate Crime and Punishment by John C. Coffee Pdf

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

Local Prosecutors and Corporate Crime

Author : Michael L. Benson,Francis T. Cullen,William J. Maakestad
Publisher : Unknown
Page : 9 pages
File Size : 44,7 Mb
Release : 1993
Category : Corporations
ISBN : UOM:39015050310625

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Local Prosecutors and Corporate Crime by Michael L. Benson,Francis T. Cullen,William J. Maakestad Pdf

Negotiated Justice and Corporate Crime

Author : Colin King,Nicholas Lord
Publisher : Springer
Page : 159 pages
File Size : 54,6 Mb
Release : 2018-05-21
Category : Social Science
ISBN : 9783319785622

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Negotiated Justice and Corporate Crime by Colin King,Nicholas Lord Pdf

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

Encyclopedia of White-Collar & Corporate Crime

Author : Lawrence M. Salinger
Publisher : SAGE Publications
Page : 1016 pages
File Size : 53,7 Mb
Release : 2004-08-03
Category : Social Science
ISBN : 9781452265148

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Encyclopedia of White-Collar & Corporate Crime by Lawrence M. Salinger Pdf

With more than 500 entries (including up-to-date information on such high profile cases as Martha Stewart and Enron), the Encyclopedia of White-Collar & Corporate Crime gathers history, definitions, examples, investigation, prosecution, assessments, challenges, and projections into one definitive reference work on the topic. This two-volume encyclopedia incorporates information about a variety of white-collar crimes, and provides examples of persons, statutes, companies, and convictions. Each entry offers a thorough and thoughtful summary of the topic. Rather than a simple definition, users are given a satisfying and sophisticated synopsis with references for further study.

The Oxford Handbook of Prosecutors and Prosecution

Author : Ronald F. Wright,Kay L. Levine,Russell M. Gold
Publisher : Oxford University Press
Page : 653 pages
File Size : 48,5 Mb
Release : 2021
Category : Law
ISBN : 9780190905422

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The Oxford Handbook of Prosecutors and Prosecution by Ronald F. Wright,Kay L. Levine,Russell M. Gold Pdf

"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"--

Crime and Human Rights

Author : Stephen Parmentier,Elmar G. M. Weitekamp
Publisher : Elsevier
Page : 128 pages
File Size : 53,9 Mb
Release : 2007-10-10
Category : Law
ISBN : 9780762313068

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Crime and Human Rights by Stephen Parmentier,Elmar G. M. Weitekamp Pdf

The first part of this book looks at several types of crimes, old and new, from the angle of human rights and human rights violations. The second part sketches the influence of the human rights paradigm on the criminal justice system in North America and Europe. The last part addresses issues relating to crime and human rights.

International Handbook of White-Collar and Corporate Crime

Author : Henry N. Pontell,Gilbert L. Geis
Publisher : Springer Science & Business Media
Page : 700 pages
File Size : 42,7 Mb
Release : 2010-05-27
Category : Social Science
ISBN : 9780387341118

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International Handbook of White-Collar and Corporate Crime by Henry N. Pontell,Gilbert L. Geis Pdf

Insider trading. Savings and loan scandals. Enron. Corporate crimes were once thought of as victimless offenses, but now—with billions of dollars and an increasingly global economy at stake—this is understood to be far from the truth. The International Handbook of White-Collar and Corporate Crime explores the complex interplay of factors involved when corporate cultures normalize lawbreaking, and when organizational behavior is pushed to unethical (and sometimes inhumane) limits. Featuring original contributions from a panel of experts representing North America, Asia, Europe, and Australia, this timely volume presents multidisciplinary views on recent corporate wrongdoing affecting economic and social conditions worldwide. Criminal liability and intent Stock market and financial crime Bribery and extortion Computer and identity fraud Health care fraud Crime in the professions Industrial pollution Political corruption War crimes and genocide Contributors offer case studies, historical and sociopolitical analyses, theoretical and legal perspectives, and comparative studies, featuring examples as varied as NASA, Parmalat, the Italian government, and Watergate. Criminal justice responses to these phenomena, the role of the media in exposing or minimizing them, prevention, regulation, and self- policing strategies, and larger global issues emerging from economic crime are also featured. Richly diverse in its coverage, The International Handbook of White-Collar and Corporate Crime is stimulating reading for students, academics, and professionals in a wide range of fields, from criminology and criminal justice to business and economics, psychology to social policy to ethics. This powerful information is certain to change many of our deeply held views on criminal behavior.

Rethinking Corporate Crime

Author : James Gobert,Maurice Punch
Publisher : Cambridge University Press
Page : 422 pages
File Size : 48,8 Mb
Release : 2003-03
Category : Law
ISBN : 0406950067

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Rethinking Corporate Crime by James Gobert,Maurice Punch Pdf

Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.

The White Collar Crime Explosion

Author : Roger J. Magnuson
Publisher : McGraw-Hill Companies
Page : 232 pages
File Size : 47,8 Mb
Release : 1992
Category : Corporation law
ISBN : STANFORD:36105060510885

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The White Collar Crime Explosion by Roger J. Magnuson Pdf

One of the hottest topics in the business world currently is white-collar crime. Many businesses are finding themselves unwitting victims of the government's growing tendency to criminalize a wide variety of business activities. Now companies can benefit from the extensive experience of top corporate law expert Roger Magnuson.

Corporate Crime

Author : Eileen Regen Larence
Publisher : DIANE Publishing
Page : 47 pages
File Size : 50,7 Mb
Release : 2010-05
Category : Law
ISBN : 9781437927023

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Corporate Crime by Eileen Regen Larence Pdf