Corporate Crime And Punishment

Author : John C. Coffee
Publisher : Berrett-Koehler Publishers
ISBN 13 : 1523088877
Total Pages : 214 pages
Book Rating : 4.74/5 ( download)

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Download or read book Corporate Crime and Punishment written by John C. Coffee and published by Berrett-Koehler Publishers. This book was released on 2020-08-04 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : John C. Coffee Jr.
Publisher : Berrett-Koehler Publishers
ISBN 13 : 1523088869
Total Pages : 216 pages
Book Rating : 4.67/5 ( download)

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Download or read book Corporate Crime and Punishment written by John C. Coffee Jr. and published by Berrett-Koehler Publishers. This book was released on 2020-08-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, former Commissioner, Securities and Exchange Commission 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.

Author : John C. Coffee, Jr.
Publisher : National Geographic Books
ISBN 13 : 1523088850
Total Pages : 0 pages
Book Rating : 4.50/5 ( download)

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Download or read book Corporate Crime and Punishment written by John C. Coffee, Jr. and published by National Geographic Books. This book was released on 2020-08-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime." --Robert Jackson, former Commissioner, Securities and Exchange Commission 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.

Author : Brandon L. Garrett
Publisher : Harvard University Press
ISBN 13 : 0674744616
Total Pages : 380 pages
Book Rating : 4.15/5 ( download)

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Download or read book Too Big to Jail written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2014-11-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts routinely hand down harsh sentences to individual convicts, 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. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.

Author : Richard P. Conaboy
Publisher : DIANE Publishing
ISBN 13 : 0788171615
Total Pages : 504 pages
Book Rating : 4.11/5 ( download)

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Download or read book Corporate Crime in America written by Richard P. Conaboy and published by DIANE Publishing. This book was released on 1998-07 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : John C. Coffee
Publisher :
ISBN 13 : 9780369343963
Total Pages : 580 pages
Book Rating : 4.64/5 ( download)

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Download or read book Corporate Crime and Punishment written by John C. Coffee and published by . This book was released on 2020-09-09 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime. Robert Jackson, former Commissioner, Securities and Exchange Commission 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.

Author : Melissa L. Rorie
Publisher : John Wiley & Sons
ISBN 13 : 1118774884
Total Pages : 543 pages
Book Rating : 4.85/5 ( download)

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Download or read book The Handbook of White-Collar Crime written by Melissa L. Rorie and published by John Wiley & Sons. This book was released on 2019-11-12 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.

Author : Kip Schlegel
Publisher : UPNE
ISBN 13 : 9781555531997
Total Pages : 404 pages
Book Rating : 4.97/5 ( download)

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Download or read book White-Collar Crime Reconsidered written by Kip Schlegel and published by UPNE. This book was released on 1994-08-16 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the inner workings of the individuals, corporations, and government agencies implicated in the self-interested abuse of their economic and societal privilege.

Author : James T. O'Reilly
Publisher : Oxford University Press
ISBN 13 : 0199748489
Total Pages : 296 pages
Book Rating : 4.88/5 ( download)

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Download or read book Punishing Corporate Crime written by James T. O'Reilly and published by Oxford University Press. This book was released on 2009-09-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.

Author : Samuel W. Buell
Publisher : W. W. Norton & Company
ISBN 13 : 0393247848
Total Pages : 352 pages
Book Rating : 4.48/5 ( download)

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Download or read book Capital Offenses: Business Crime and Punishment in America's Corporate Age written by Samuel W. Buell and published by W. W. Norton & Company. This book was released on 2016-08-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.