The Potential Promise and Perils of Introducing Deferred Prosecution Agreements Outside the U.S.

The Potential Promise and Perils of Introducing Deferred Prosecution Agreements Outside the U.S.
Author: Jennifer Arlen
Publisher:
Total Pages: 34
Release: 2019
Genre:
ISBN:

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Countries around the world are reforming their corporate criminal liability regimes to introduce deferred prosecution agreements (DPAs). DPAs can help deter crime when properly structured. But otherwise they can increase the risk of corporate misconduct. This chapter identifies the steps countries need to take in order to use DPAs to deter corporate crime. It then evaluates the recent reforms adopted in the U.K. and France. Both reforms are a significant step forward, yet further reform is needed. Neither the U.K. nor France can effectively deters corporate crime because both countries have excessively restrictive corporate criminal liability laws that let companies to profit from many crimes. These laws also undermine efforts to use DPAs to induce firms to self-report or cooperate. France's reforms raise particular concern because French law provide no genuine incentive to self-report and appears to let companies enter into DPA-like agreements without promptly and fully cooperating with authorities. In addition, concerns remain about whether France is committed to bringing the individuals responsible for corporate crimes to justice. As a result, French DPAs could be counter-productive if they operate primarily to reduce sanctions imposed on companies without enhancing French prosecutors' ability to sanction those responsible for corporate misconduct.

Deferred Prosecution Agreements and Directors’ Liability

Deferred Prosecution Agreements and Directors’ Liability
Author: Natalie Turney
Publisher: Taylor & Francis
Total Pages: 311
Release: 2024-06-19
Genre: Law
ISBN: 1040026702

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This book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies. The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between the company and prosecutors, and this book addresses the key areas of exposure, and how various parties should address these risk areas in accordance with the law. The book is an increasingly necessary contribution to the topical discussion of the fallout of unsuccessful prosecutions of individuals implicated in the wrongdoing constituting the basis of DPAs, calling into question not only treatment of those individuals but also the integrity of the DPA tool itself. It also considers the impact of DPAs and arising exposures on directors’ and officers’ (D&O) liability insurance, therefore covering potential risk areas and the ability of directors to access a defence in protecting themselves from liability. The book covers the impact on all areas of a D&O policy, considering D&O policy wording and insurance law in doing so, providing a rounded account of issues arising in relation to company directors and how interested parties can act in the best interests of all whilst in accordance with law and policy. The primary audience for this book will be lawyers and practitioners in the corporate crime and/or insurance law space, including general counsels, solicitors, barristers, consultants, prosecuting authorities, legal academics, and so forth. It will also be of interest to company directors, and to students of financial crime, corporate criminal crime and insurance law, and will have great international appeal. Organisations likely to use the book will include prosecuting authorities, law firms working on corporate criminal liability or D&O insurance cases, and companies looking to protect themselves where there is alleged wrongdoing.

Research Handbook on Extraterritoriality in International Law

Research Handbook on Extraterritoriality in International Law
Author: Austen Parrish
Publisher: Edward Elgar Publishing
Total Pages: 519
Release: 2023-08-14
Genre: Political Science
ISBN: 1800885598

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By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.

Negotiated Settlements in Bribery Cases

Negotiated Settlements in Bribery Cases
Author: Tina Søreide
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2020-04-24
Genre: Law
ISBN: 1788970411

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This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.

The Convenience of Corporate Crime

The Convenience of Corporate Crime
Author: Petter Gottschalk
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 300
Release: 2021-11-22
Genre: Business & Economics
ISBN: 3110766957

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As documented in a number of case studies (from Telia Telecom in Sweden to Wirecard in Germany) in this book, recidivism seems to be of a substantial magnitude in corporate crime. Corporations tend to repeat white-collar offenses such as financial crime and environmental crime in various forms as long as they find it convenient. A minor fine from time to time and dismissal of some executives as scapegoats do not prevent corporations from committing and concealing new offenses as long as there is a convenient financial motive, a convenient organizational opportunity, and a convenient willingness for deviant behavior. Businesses and their executives tend to be recidivists who get away with light punishment in most jurisdictions. The relevant audiences for this book include law students, business students, sociology students, and criminology students. Fraud examiners, defense attorneys, compliance officers, police investigators, as well as prosecutors can find the structural model of convenience to be an ideal template in preparing corporate crime case narratives.

Routledge Handbook of Public Procurement Corruption

Routledge Handbook of Public Procurement Corruption
Author: Sope Williams
Publisher: Taylor & Francis
Total Pages: 517
Release: 2024-04-30
Genre: Political Science
ISBN: 104001710X

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The Routledge Handbook of Public Procurement Corruption showcases the most innovative and exciting research being conducted in this important area of study, providing a comprehensive go-to reference for all who are interested in the topic. During the COVID-19 pandemic, the global race for health and ancillary goods amid global supply chain disruptions demonstrated that, when tested, all countries are incredibly vulnerable to fraud and corruption in public procurement, irrespective of their level of development. Yet despite the widespread nature of the problem, there remains a lack of in-depth, analytical, and cross-country investigations into public procurement corruption. This book addresses this gap by providing a comprehensive, multidisciplinary, geographically balanced treatise on corruption in public procurement. It combines country-specific studies to allow readers to easily compare differing perspectives and approaches and overarching thematic chapters to reflect on new and cutting-edge issues in procurement and their implications for procurement corruption. Key sectors such as healthcare and infrastructure are considered, as well as the role of new technologies, in both combatting and enabling procurement corruption. This Handbook provides academics, practitioners, and graduate researchers of public administration, law, and anti-corruption with all of the tools they need to understand the nuances of public procurement corruption around the world.

Research Handbook on Corporate Liability

Research Handbook on Corporate Liability
Author: Martin Petrin
Publisher: Edward Elgar Publishing
Total Pages: 501
Release: 2023-08-14
Genre: Law
ISBN: 1800371284

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This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.

Elgar Concise Encyclopedia of Corruption Law

Elgar Concise Encyclopedia of Corruption Law
Author: Mark Pieth
Publisher: Edward Elgar Publishing
Total Pages: 459
Release: 2023-12-11
Genre: Law
ISBN: 1802206493

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Presenting the broad spectrum of interdisciplinary academic research on corruption, this essential reference book examines anti-corruption legislation, governance mechanisms, international instruments, and other preventative measures intended to tackle corruption. Including over 100 entries and adopting a comprehensive approach to researching and combating corruption, this Encyclopedia covers the key ideas, concepts, and theories in corruption law.

Prosecutors in the Boardroom

Prosecutors in the Boardroom
Author: Anthony S. Barkow
Publisher: NYU Press
Total Pages: 288
Release: 2011-04-18
Genre: Law
ISBN: 0814787037

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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

United States Attorneys' Manual
Author: United States. Department of Justice
Publisher:
Total Pages:
Release: 1988
Genre: Justice, Administration of
ISBN:

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