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Prosecutors in the Boardroom – Using Criminal Law to Regulate Corporate Conduct

Autor Anthony S. Barkow, Rachel E. Barkow
en Limba Engleză Hardback – 17 apr 2011
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.
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Specificații

ISBN-13: 9780814787038
ISBN-10: 0814787037
Pagini: 288
Dimensiuni: 159 x 235 x 25 mm
Greutate: 0.5 kg
Editura: MI – New York University

Cuprins

Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuéllar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna

Notă biografică

Anthony S. Barkow is a partner in the white collar defense and investigations practice at law firm Jenner & Block. He received the Attorney General's Award for Exceptional Service, the highest award bestowed in the Justice Department.

Descriere

Analyzes the controversial legal intervention of controlling corporate bodies through outside agencies rather than pressing legal charges