Law Criminal Law

Research Handbook on Corporate Crime and Financial Misdealing

By Jennifer H. Arlen
Edward Elgar Publishing April 2018

Specifications

ISBN-13
9781783474462
Publisher
Edward Elgar Publishing
Publication
April 2018
Format
Hardback , 392 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This highly topical Handbook examines how to deter corporate misconduct through public enforcement and private interventions.

Contributors present theoretical and empirical analyses of individual and organizational liability for corporate misconduct, securities fraud and corruption. Other chapters evaluate private interventions, such as whistleblowing and compliance. Chapters cover individual and organizational liability evaluate issues such as individual liability for corporate crime, deferred and non-prosecution agreements, supervisory liability, the cost to organizations of reputational damage from corporate settlements, corporate and individual liability for securities fraud, the SEC's revolving door, multi-jurisdictional enforcement of anti-corruption laws, the scope of the Foreign Corrupt Practices Act, and countries' efforts to deter corruption by state actors. Chapters on private interventions examine optimal compliance, behavioural compliance, the role of the general counsel, internal investigations and whistleblowing. This Research Handbook also highlights promising avenues for future research.

The Research Handbook on Corporate Crime and Financial Misdealing is designed to provide a broad introduction to the literature in each area covered, as well as in-depth original analysis on important issues of concern to legal researchers, policy-makers, and practitioners.

Table of Contents

Introduction
Jennifer Arlen
Part I: Corporate and Individual Liability for Corporate Misconduct
1. Psychology and the Deterrence of Corporate Crime
Tom R. Tyler
2. Individual and Corporate Criminals
Brandon L. Garrett
3. Criminally Bad Management
Samuel W. Buell
4. Does Conviction Matter? The Reputational and Collateral Consequences of Corporate Crime
Cindy R. Alexander and Jennifer Arlen
5. Multijurisdictional Enforcement Games: The Case of Anti-Bribery Law
Kevin E. Davis
Part II: Public Enforcement of Public Corruption and Securities Fraud
6. Beware Blowback: How Attempts to Strengthen FCPA Deterrence Could Narrow the Statute’s Scope
Matthew C. Stephenson
7. Corruption in State Administration
Tina Søreide and Susan Rose-Ackerman
8. Securities Law and Its Enforcers
Stephen J. Choi and Adam C. Pritchard
9. Corporate and Individual Liability in SEC Enforcement Actions
Michael Klausner and Jason Helgand
Part III: Role of Private Actors: Compliance, Corporate Investigations, and Whistleblowing
10. An Economic Analysis of Effective Compliance Programs
Geoffrey P. Miller
11. Behavioral Ethics, Behavioral Compliance
Donald C. Langevoort
12. An Analysis of Internal Governance and the Role of The General Counsel in Reducing Corporate Crime
Vikramaditya Khanna
13. When the Corporation Investigates Itself
Miriam H. Baer
14. Bounty Regimes
David Freeman Engstrom
Index

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