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Author : Kirby D. Behre,Morgan J. Miller
Publisher : Bureau of National Affairs (BNA)
Page : 0 pages
File Size : 48,7 Mb
Release : 2013
Category : Corporation law
ISBN : 1617460060
Author : Brandon L. Garrett
Publisher : Harvard University Press
Page : 400 pages
File Size : 40,8 Mb
Release : 2014-11-03
Category : Law
ISBN : 9780674744615
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.
Author : Eric W. Sitarchuk,Mark A. Srere,Kelly A. Moore
Publisher : Unknown
Page : 912 pages
File Size : 44,6 Mb
Release : 2010
Category : Corporation law
ISBN : 0735594112
The current focus on compliance, disclosure, enforcement, and penalties continues to increase. As new and sweeping financial reform and other laws are passed and new regulations are promulgated, enforcement activity will continue to be stepped-up and all corporations must be prepared. Corporate Criminal Defense: Compliance, Investigation, and Trial Strategies enables the practitioner to provide the highest quality and most current compliance advice regarding both current and future federal government regulation and scrutiny. This brand new resource helps practitioners identify the specific areas that leave corporate clients open to legal actions and guides them on how to spot risk-points and respond when a situation arises. Corporate Criminal Defense: Compliance, Investigation, and Trial Strategies provides expert guidance on: Addressing the elements, policies, training materials, auditing procedures, and structure of compliance programs. Representing corporate officers, directors, boards, and employees. Anticipating and responding effectively to DOJ and SEC investigations and enforcement. Representing the corporation and its individuals in pre-trial and trial proceedings. Corporate Criminal Defense: Compliance, Investigation, and Trial Strategies provides clear, concise, and proven answers to these key questions: How do you prevent investigations? What do you do if an investigation begins? What efforts can you make to avoid trial? How do you handle a trial if it can't be avoided? Only Corporate Criminal Defense: Compliance, Investigation, and Trial Strategies combines practice tips and warnings, checklists, strategic commentary, and primary law interpretation-- all in one essential volume.
Author : Leo R. Tsao,Daniel S. Kahn,Eugene F. Soltes
Publisher : Aspen Publishing
Page : 991 pages
File Size : 42,7 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781543851953
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
Author : Michael Birzer,Cliff Roberson
Publisher : Taylor & Francis
Page : 402 pages
File Size : 42,9 Mb
Release : 2018-07-31
Category : Law
ISBN : 9781040082416
The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.
Author : Henry N. Pontell,Gilbert L. Geis
Publisher : Springer Science & Business Media
Page : 700 pages
File Size : 47,6 Mb
Release : 2010-05-27
Category : Social Science
ISBN : 9780387341118
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.
Author : Laura Pinto Hansen
Publisher : Aspen Publishing
Page : 682 pages
File Size : 44,9 Mb
Release : 2020-09-15
Category : Law
ISBN : 9781543823295
This timely and engaging text introduces the key topics in White Collar Crime, while providing an overview of both organizational and criminological theory. Throughout the text, Law in the Real World examples and in-depth Case Studies offer the opportunity to apply the theoretical to actual situations. Throughout the text, experienced author Laura Pinto Hansen discusses the cultural and structural reasons for why white collar crime happens, even in the most regulated of industries, including financial markets and medicine. White Collar and Corporate Crime: A Case Study Approach provides the perfect introduction to the world of white collar crime. Professors and students will benefit from: Law in the Real World feature explores both well-known and lesser known examples of white collar crime, providing exposure to a wide variety of crimes in an understandable context. Discussion questions encourage students to analyze these examples in more depth. Case Studies provide an opportunity to dive deeper into a single white collar crime case related to the specific chapter. Broad coverage of a wide range of topics in a readable and engaging style. Chapters include chapter objectives, a glossary of key terms, and chapter summaries to help students understand new concepts. An introductory chapter that familiarizes students with how organizations are supposed to work, in theory, if they plan on functioning within legal boundaries. Coverage of the role of social networks in white collar crime, including its theory and terminology and use in criminal investigations in Chapter 3 Examination of the intersection of cybercrime and white collar crime in Chapter 7 Timely coverage, including the recent impeachment proceedings and effects of COVID-19
Author : Colin King,Nicholas Lord
Publisher : Springer
Page : 159 pages
File Size : 51,8 Mb
Release : 2018-05-21
Category : Social Science
ISBN : 9783319785622
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.
Author : Celia Wells
Publisher : OUP Oxford
Page : 216 pages
File Size : 46,5 Mb
Release : 2001-05-24
Category : Law
ISBN : 9780191018770
Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 52,5 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395
Author : Richard P. Conaboy
Publisher : DIANE Publishing
Page : 504 pages
File Size : 45,5 Mb
Release : 1998-07
Category : Electronic
ISBN : 9780788171611
This symposium focused on the ways in which companies, industries, & enforcement officials have responded to the organizational sentencing guidelines' incentives & other changes in the enforcement landscape that encourage businesses to develop strong compliance programs & adopt crime-controlling measures. Topics included organizational guidelines, corporate experiences in developing effective compliance programs, evolving compliance standards, enforcement schemes & policies, protection of compliance practices from disclosure, & the government's role in fostering good corporate citizenship.Ó Illustrated.
Author : Sally S. Simpson,Carole Elizabeth Gibbs
Publisher : Routledge
Page : 0 pages
File Size : 40,8 Mb
Release : 2007
Category : Commercial crimes
ISBN : 0754624730
Recoge 1.Cause of corporate crime: micro and macro factors. - 2.Responses to corporate crime. -2.1.Public perfections of corporate responsability. -2.2.Justice system responses. - 3. Policy alternatives and dilemmas.
Author : Petter Gottschalk
Publisher : Springer
Page : 144 pages
File Size : 54,5 Mb
Release : 2020-08-18
Category : Social Science
ISBN : 303051451X
This brief extends studies on how corporations respond to scandals by examining the evolution of the accounts that corporate agents develop after a scandal becomes public. Guided by the theory of accounts and a recently developed perspective on crisis management, its examines how the accounts developed by thirteen corporations caught up in highly publicized scandals changed from the time of initial exposure to the issuance of an investigative report. This brief continues the discussion of the broader managerial and social implications of the analysis of accounts, and analyses their effect on our understanding of the ability of corporations to weather serious scandals. It includes four case studies; from Switzerland, Moldova, Denmark, and Norway respectively.
Author : Sally S. Simpson
Publisher : Cambridge University Press
Page : 196 pages
File Size : 44,9 Mb
Release : 2002-03-18
Category : Business & Economics
ISBN : 9780521580830
Why do corporations obey the law? When companies violate the law, what kinds of interventions are most apt to correct their behavior and return them to compliant status? In this book Sally Simpson examines whether the shift towards the use of criminal law, with its emphasis on punishment and stigmatization, is an effective strategy for controlling illegal corporate behavior. She concludes that strict criminalization models will not yield sufficiently high levels of compliance. Empirical data suggest that in most cases cooperative models work best with most corporate offenders. Because some corporate managers, however, respond primarily to instrumental concerns, Simpson argues that compliance should also be buttressed by punitive strategies. Her review and application of the relevant empirical literature on corporate crime and compliance combined with her judicious examination of theory and approaches, make a valuable new contribution to the literature on white-collar crime and deterrence and criminal behavior more generally.
Author : National Institute of Justice (U.S.). Technical Working Group on Crime Scene Investigation
Publisher : Unknown
Page : 64 pages
File Size : 49,9 Mb
Release : 2000
Category : Crime scene searches
ISBN : PURD:32754070792209
This is a guide to recommended practices for crime scene investigation. The guide is presented in five major sections, with sub-sections as noted: (1) Arriving at the Scene: Initial Response/Prioritization of Efforts (receipt of information, safety procedures, emergency care, secure and control persons at the scene, boundaries, turn over control of the scene and brief investigator/s in charge, document actions and observations); (2) Preliminary Documentation and Evaluation of the Scene (scene assessment, "walk-through" and initial documentation); (3) Processing the Scene (team composition, contamination control, documentation and prioritize, collect, preserve, inventory, package, transport, and submit evidence); (4) Completing and Recording the Crime Scene Investigation (establish debriefing team, perform final survey, document the scene); and (5) Crime Scene Equipment (initial responding officers, investigator/evidence technician, evidence collection kits).