Financial Crime and Corporate Misconduct


Book Description

This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud, and white-collar offences.




Research Handbook on Corporate Crime and Financial Misdealing


Book Description

Jennifer Arlen brings together 13 original chapters by leading scholars that examine how to deter corporate misconduct through public enforcement and private interventions. Scholars from a variety of disciplines present both theoretical and empirical analyses of organizational and individual liability for corporate crime, liability for foreign corruption, securities fraud enforcement, compliance, corporate investigations, and whistleblowing. This Research Handbook also highlights promising avenues for future research.




Why They Do It


Book Description

Financial fraud in the United States costs nearly $400 billion annually. The executives responsible for this corporate duplicity usually earn excellent salaries. So why do they become criminals? Harvard Business School professor Eugene Soltes shares his findings after years of extensive research. His numerous case histories make for fascinating reading. He speaks almost exclusively about men so don't look for gender-neutral pronouns. As Soltes explains, "Women are conspicuously absent from the ranks of prominent white-collar criminals." getAbstract recommends his compelling study to business students and professors, executives, business pundits, financial law enforcement officials and anyone who handles the money.




The Origins of Modern Financial Crime


Book Description

The recent global financial crisis has been characterised as a turning point in the way we respond to financial crime. Focusing on this change and ‘crime in the commercial sphere’, this text considers the legal and economic dimensions of financial crime and its significance in societal consciousness in twenty-first century Britain. Considering how strongly criminal enforcement specifically features in identifying the post-crisis years as a ‘turning point’, it argues that nineteenth-century encounters with financial crime were transformative for contemporary British societal perceptions of ‘crime’ and its perpetrators, and have lasting resonance for legal responses and societal reactions today. The analysis in this text focuses primarily on how Victorian society perceived and responded to crime and its perpetrators, with its reactions to financial crime specifically couched within this. It is proposed that examining how financial misconduct became recognised as crime during Victorian times makes this an important contribution to nineteenth-century history. Beyond this, the analysis underlines that a historical perspective is essential for comprehending current issues raised by the ‘fight’ against financial crime, represented and analysed in law and criminology as matters of enormous intellectual and practical significance, even helping to illuminate the benefits and potential pitfalls which can be encountered in current moves for extending the reach of criminal liability for financial misconduct. Sarah Wilson’s text on this highly topical issue will be essential reading for criminologists, legal scholars and historians alike. It will also be of great interest to the general reader. The Origins of Modern Financial Crime was short-listed for the Wadsworth Prize 2015.




Financial Crime and Corporate Misconduct


Book Description

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences. The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.




Prosecutors in the Boardroom


Book Description

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




United States Attorneys' Manual


Book Description




Big Money Crime


Book Description

An in-depth scrutiny into the American savings and loan financial crisis in the 1980s. The authors come to conclusions about the deliberate nature of this financial fraud and the leniency of the criminal justice system on these 'Gucci-clad white-collar criminals'.




Research Handbook on International Financial Crime


Book Description

A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbook addresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy. The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, The enterprise of crime, business crime, the financial sector at risk, fraud, corruption, The proceeds of financial and economic crime, and enforcement and control. Academics interested in criminology, law, as well as business and legal studies students will find this book to be an invaluable resource. Practitioners, including lawyers, compliance and risk managements, law enforcement officers, and policy makers will also find the points raised to be of use.




Corporate Wrongdoing and the Art of the Accusation


Book Description

This book addresses an old and basic question: what is the moral order of the market? 'Corporate Wrongdoing and the Art of the Accusation' is an exploration of accusations of wrongdoing, and the revelations these accusations expose about the dark side of capitalism and modern corporations, and their relationships with suppliers, buyers, peers, investment banks and state regulators. The study explores data gathered from the past twenty years, including over a thousand accusations of economic wrongdoing in corporate America. The research traces exchange paths or structural routes; cultural recipes or ideas about wrongdoing; and interactions between the culture and structure of transgression in economic in markets. Repertoires of accusation, and the three-way associations between accused, accuser and accusation, reveal the moral order of the market. The tools provided in this data collection and analysis provide a template for the study of the three-way relationship between the following: cultural items or types (i.e., accusation types), structural locations or paths (i.e., market interfaces) and time (i.e., temporal locations of types and paths, or recipes and routes). Repertoires unlock the moral order of the modern market and other institutions (family, politics, education, religion, science) as revealed in accusations of transgression.




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