Author : Santiago Wortman Jofre
Publisher : BRILL
Page : 69 pages
File Size : 14,22 MB
Release : 2019-08-26
Category : Law
ISBN : 900440774X
In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain Santiago Wortman Jofre presents a case study in which he analyses the regulation on compliance as deterrent for corporate criminality. He also examines the role of criminal justice and offers a view on the incentives to prevent corporate criminality.
Author : Sharon Oded
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 41,8 MB
Release : 2013-01-01
Category : Law
ISBN : 1781954755
How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.
Author : Richard S. Gruner
Publisher : Law Journal Press
Page : 1408 pages
File Size : 14,54 MB
Release : 2004
Category : Business & Economics
ISBN : 9781588521255
The book instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.
Author : Dominik Brodowski
Publisher : Springer
Page : 352 pages
File Size : 30,46 MB
Release : 2014-06-30
Category : Law
ISBN : 3319059939
Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Author : Kai-D Bussmann
Publisher : Springer Nature
Page : 122 pages
File Size : 38,8 MB
Release : 2021-04-22
Category : Business & Economics
ISBN : 3030721515
Entering developing markets, companies are challenged by various cultures and widespread corruption. This book is a cross-cultural survey that explores the crime preventive effects of corporate cultures and compliance management systems (CMS) in China, India, Russia and Germany. Almost 2,000 managers anonymously reported about the compliance programs in place and cultures in their companies as well as on their experience with corruption at work and in everyday life.Despite differences across countries, results suggest that the elements of an integrity-promoting corporate culture are similarly important in their corruption preventive effects. The second major result is that a CMS can develop its effectiveness only when combined with an appropriately practiced integrity-promoting company culture. Third, companies can counteract the negative external influences of a corruption-prone national culture. Moreover, spill-over effects of an integrity-promoting company culture can make an important contribution to national cultural change. For this reason, an integrity-promoting corporate culture is a contribution to corporate social responsibility.
Author : Leonard Orland
Publisher :
Page : 0 pages
File Size : 48,13 MB
Release : 2004
Category : Corporations
ISBN : 9780735550766
As never before, corporate counsel must understand new corporate criminal statutes, prosecution policy statements, and corporate sentencing guidelines. Corporate Criminal Liability: Regulation and Compliance is a clear and precise resource that provides exclusive insight into these issues by examining the relationship between corporate misconduct and criminal law from the corporate governance perspective. This invaluable resource takes on what is an occasionally bewildering array of federal legal mechanisms, providing exclusive, authoritative analysis on issues including: Practical suggestions for how corporate lawyers and executives should deal with the new substantive and procedural rules that regulate corporate conduct and apply harsh criminal penalties Reliable analysis of the unique substantive and procedural rules of criminal liability of the corporate entity In-Depth examination of post-Enron legislation Clear, concise explanations, In non-technical terms, Of the fundamental principles of federal criminal law And The complexities of federal administrative, civil, and criminal corporate regulatory systems In addition, Corporate Criminal Liability: Regulation and Compliance proexamines and explicates every relevant aspect of law, policy, and litigation, including: The nature of corporate criminal liability Recently issued Justice Department Guidelines for Prosecution of Corporations Guidelines for Sentencing of Organizations of the United States Sentencing Commission All criminal statutes the major federal regulatory economic areas the broad scheme of overlapping administrative, civil, and criminal federal regulation
Author : Mark Pieth
Publisher : Springer Science & Business Media
Page : 401 pages
File Size : 18,59 MB
Release : 2011-04-20
Category : Law
ISBN : 940070674X
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Author : William S. Laufer
Publisher : University of Chicago Press
Page : 306 pages
File Size : 29,11 MB
Release : 2008-10-31
Category : Law
ISBN : 0226470423
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Author : Antonio Fiorella
Publisher :
Page : 488 pages
File Size : 45,99 MB
Release : 2013
Category : Law
ISBN : 9788824321976
Author : Stefano Manacorda
Publisher : Springer Nature
Page : 370 pages
File Size : 48,90 MB
Release : 2021-11-25
Category : Social Science
ISBN : 3030816559
This edited volume presents an innovative and critical analysis of corporate compliance from an interdisciplinary and international perspective. It defines the historical framework and the various roles played by corporate compliance in today's context. It questions how different cultures affect economic behaviors and under which conditions the individual choices may be directed toward law-abiding behavior. Examining corporate compliance as a tool of criminal and regulatory policy strategies in different countries and sectors, this book also aims to provide a picture of the dimension and scope of the public-private partnership, focusing on the prevention and detection of corporate crimes. It analyzes the effects of corporate compliance on the internal organization in terms of cost-benefit assessment, as well as the opportunities in technical innovation for detecting and controlling risk.
