Download Free The Corporate Criminal PDF by Steve Tombs Full Book and published by Routledge. This book was released on 2015-03-27 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, profit-making, corporation is a habitual and routine offender. The book dissects the myth that the corporation can be a rational, responsible, 'citizen'. It shows how in its present form, the corporation is permitted, licensed and encouraged to systematically kill, maim and steal for profit. Corporations are constructed through law and politics in ways that impel them to cause harm to people and the environment. In other words, criminality is part of the DNA of the modern corporation. Therefore, the authors argue, the corporation cannot be easily reformed. The only feasible solution to this 'crime' problem is to abolish the legal and political privileges that enable the corporation to act with impunity.
Download Free Corporate Criminal Liability PDF by Mark Pieth Full Book and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download Free Revisiting the Question of Imputation in Corporate Criminal Law PDF by Constantine N. Nana Full Book and published by Cambridge Scholars Publishing. This book was released on 2010-02-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.
Download Free Corporate Criminal Investigations and Prosecutions PDF by Leo R. Tsao Full Book and published by Aspen Publishing. This book was released on 2022-09-15 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Corporate Criminal Investigations and Prosecutions provides readers a comprehensive understanding of the process behind the investigation, prosecution, and resolution of criminal charges against organizations. Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and resolves corporate criminal violations. As a result of these developments, the practice of investigating, prosecuting, and resolving corporate criminal cases has many significant differences from other areas of criminal or civil law. Notably, one of the most significant aspects that distinguishes corporate criminal practice is that much of it occurs outside of the formal judicial system; nearly all DOJ corporate criminal matters are resolved through negotiated settlements, and very few cases involve court proceedings or go to trial. As a result, many parts of this practice remain relatively unknown to students and practitioners. Until now. With the publication of this book, authors Leo Tsao, Daniel Kahn, and Eugene Soltes, whose resumes collectively reflect the highest levels of practice and expertise in this field, open a window into all aspects of corporate criminal investigations and prosecutions. Professors and students will benefit from: The authors bring a unique perspective and unparalleled qualifications to the subject of corporate criminal liability. Daniel Kahn is the former acting Deputy Assistant Attorney General of the Criminal Division and former Chief of the Fraud Section and FCPA Unit. Leo Tsao is the former Principal Deputy Chief of the Money Laundering and Asset Recovery Section and has held supervisory positions in the Bank Integrity Unit and FCPA Unit within the DOJ’s Criminal Division. Eugene Soltes is a professor at Harvard Business School, and regularly teaches and advises companies on corporate integrity, organizational cultures, and compliance systems. Comprehensive coverage: Part One addresses topics that are generally applicable to all corporate criminal cases, such as the legal principles underlying corporate criminal liability; the individual liability of corporate officers for corporate crimes; and the constitutional rights of criminal corporate defendants—to name a few. Part Two addresses specific categories of federal crimes commonly used to charge corporate defendants, such as conspiracy, the FCPA, the Bank Secrecy Act, antitrust laws, and RICO. Part Two also provides insights into criminal activity and law enforcement within the technology sector as it pertains to virtual currency (e.g., Bitcoin). Extensive online resources include discussion questions, and relevant case material for key chapters
Download Free European Developments in Corporate Criminal Liability PDF by James Gobert Full Book and published by Taylor & Francis. This book was released on 2011-06-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.
Download Free International Corporate Criminal Law PDF by Eric Engle Full Book and published by Eric Engle. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: his book presents twenty-one essays by as many legal scholars examining international criminal enterprises. The lead essay provides a synopsis of enterprise criminality. Topics treated include: conflict resources (diamonds, palm oil), piracy, arms trafficking, illegal drugs, counterfeit products, art fraud, market manipulation, short selling, cryptocurrency (bitcoin), tax evasion, investor-state arbitration, anti-trust/competition law, and corporate governance: whistleblowing, VW, Toshiba, concluding with a chapter on Lobbying in the EU. Countries and regions covered include Central Africa, Indonesia, Somalia, Iraq, Syria, UK, EU, France, Germany, and Japan. The book includes a free preview. https://www.amazon.com/author/quizmaster http://mindworks.altervista.org About the author: A Fulbright law specialist, Dr. Engle has taught law in France (Nanterre) Germany (Humboldt) Ukraine (Fulbright) Bosnia (Fulbright) Russia (Pericles) and Estonia (Tartu). He has published dozens of articles on law as well as several books. This book is meant to be affordable so developing country legal scholars can understand American, French, and German rule of law concepts in the struggle against violent criminality.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime Publisher : Release Date :1981 ISBN : Pages :916 pages Rating :4.0/5 (15 Download)
Download Free Corporate Criminal Liability PDF by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime Full Book and published by . This book was released on 1981 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download Free Corporate Criminal Liability PDF by Amanda Pinto Full Book and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to explain the criminal process from the perspective of the corporate defendant with a scholarly analysis of the principles of corporate liability. In particular, it provides expert discussion on the latest practice on DPAs, issues with identification theory and delegation, questions of jurisdiction, and sentencing. The work also explains specific offences such as insolvency restrictions, Companies Act offences, and corporate manslaughter. New to this edition: Considers all key cases since the last edition including the Barclays case on corporate identification; Reviews practice in deferred prosecution orders (DPOs) after investigations into Rolls Royce and Tesco; A fully updated Appendix table as a 'quick reference' guide to specific offences, how they are tried, and aspects of sentencing.
Author :William S. Laufer Publisher :University of Chicago Press Release Date :2008-10-31 ISBN :0226470423 Pages :304 pages Rating :4.6/5 (47 Download)
Download Free Corporate Bodies and Guilty Minds PDF by William S. Laufer Full Book and published by University of Chicago Press. This book was released on 2008-10-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download Free Corporations and Criminal Responsibility PDF by Celia Wells Full Book and published by Oxford University Press, USA. This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety andtheir inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panopticapproach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature.Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate thesechanges. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Download Free Regulating Corporate Criminal Liability PDF by Dominik Brodowski Full Book and published by Springer. This book was released on 2014-06-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download Free Corporate Power to Corporate Crimes PDF by Vijay Kumar Singh Full Book and published by . This book was released on 2017 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Corporate Power to Corporate Crimes: Understanding Corporate Criminal Liability in India' is about the hypothesis being tested positive that “the corporations are increasing in magnitude and power; however, the law is not able to meet the demands of prosecuting the corporate offenders in absence of a clear picture on corporate criminal liability.” Thus, the cloud surrounding this area has to be removed to make the sky of corporate crime clean and evident to the public like rainwater. The sensitization of public towards these crimes has to be done in a similar way as those of 'street crimes' like murder, rape etc.The problem of corporate crime is unique and complex due to several reasons, the primary one being the nature of corporate form. The corporate form has now become the dominant institution in the society. The corporations wield enormous powers by virtue of its independent existence. The part owners, as public shareholders, are scattered and ultimately the management lies in the hands of few who have been identified as 'alter ego', 'directing mind and will' at various times by various courts. The extension of the vicarious liability to offences of mens rea led to the development of corporate criminal liability. The present book traces these developments and presents a comprehensive position in terms of case laws and examples of corporate crimes.
Download Free Corporate Crime in China PDF by Zhenjie Zhou Full Book and published by Routledge. This book was released on 2014-09-19 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate crime in China has garnered worldwide attention and in the recent years we have witnessed positive legislative and administrative efforts by the Chinese government to prevent corporate misconducts. This book first defines the meaning of corporate crime in China and answers the basic questions of what corporate crime is through real life cases. Then, it introduces the history of corporate crime and reviews academic studies through these key questions. The book also discusses the scope of corporate crime, the basis of corporate criminal liability, the criminal liability of State organizations, the corporate compliance programs and corporate criminal liability and the procedural issues. The book also provides suggestions from a comparative perspective by referring to the latest global developments on corporate crime. In the concluding chapter, the book discusses the goals of corporate crime prevention policy and comes up with feasible reform proposals with a brief summary on the existing problems of the current policies through a macro perspective. There is no existing book that deals with the legislation and criminal justice practices of corporate crime in China and this book will help to shed insight into the subject.
Download Free Corporate Criminal Liability PDF by Kathleen F. Brickey Full Book and published by . This book was released on 1992 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download Free The Perspectives Of Corporate Criminal Liability PDF by Ashwini Kumar Full Book and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: It will aim at reviewing the position of the concept of corporate criminal liability in the different legal systems of the world specially in India. This book is also relevant for management and business students as it better deals with business law and management issue. It lays down the rationale and an analysis of the procedural and substantive difficulties that were and continue to confront us in imposing liability for corporate crimes.It deals with recent judicial development in this very field .It attempts to: 1.To offer a more comprehensive approach to the problem of corporate, management, and commercial area 2.To Study interdisciplinary examination of corporations and corporate behaviour. 3.To enrich the study of law, management, social science, and labour field.
Download Free Rethinking Corporate Crime PDF by James Gobert Full Book and published by Cambridge University Press. This book was released on 2003-03 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.
Download Free Corporate Criminal Liability and Compliance Management Systems PDF by Santiago Wortman Jofre Full Book and published by BRILL. This book was released on 2019-08-26 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
