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Author: Samuel W. Buell Publisher: W. W. Norton & Company ISBN: 0393247848 Category : Business & Economics Languages : en Pages : 255
Book Description
From the lead prosecutor on the Enron investigation, an eye-opening examination of the explosion of American white-collar crime. If “corporations are people too,” why isn’t anyone in jail? A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal. In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators. Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations. An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
Author: Samuel W. Buell Publisher: W. W. Norton & Company ISBN: 0393247848 Category : Business & Economics Languages : en Pages : 255
Book Description
From the lead prosecutor on the Enron investigation, an eye-opening examination of the explosion of American white-collar crime. If “corporations are people too,” why isn’t anyone in jail? A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal. In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators. Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations. An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
Author: Cornelia Woll Publisher: Princeton University Press ISBN: 0691253528 Category : Political Science Languages : en Pages : 248
Book Description
The geopolitics of American law enforcement and how it changed corporate criminal accountability in other countries Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalization and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In this book, Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets. Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.
Author: Kathleen F. Brickey Publisher: Aspen Publishing ISBN: 1454881364 Category : Law Languages : en Pages : 792
Book Description
With its focus on substantive law, this book provides systematic and comprehensive consideration of major white-collar crime statutes in the federal criminal code, securities laws, and environmental statutes. The Sixth Edition of Corporate and White Collar Crime includes landmark decisions from the U.S. Supreme Court and federal appellate courts through 2016. New judicial decisions include: United States v. Newman (Insider Trading) Yates v. United States (Sarbanes Oxley) McDonnell v. United States (Bribery of Public Officials) RJR v. European Commission (RICO / extraterritorial application)
Author: Harpreet Kaur Publisher: Springer Nature ISBN: 9813340762 Category : Business & Economics Languages : en Pages : 217
Book Description
This book focuses on the legal and social aspects of corporate governance through doctrinal and empirical research papers presented at the 9th International Conference on Governance Fraud Ethics and Social Responsibility held at National Law University Delhi in 2018. The papers encompass the internal and external factors that affect the interests of a company’s stakeholders, including shareholders, customers, suppliers, government regulators and management, and several other important players. The book provides better clarity on the concept of corporate governance and how it is intertwined with factors such as sustainability, social responsibility and the role of government, taxation and audit, and shareholder engagement.
Author: Robert A. G. Monks Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110696991 Category : Business & Economics Languages : en Pages : 229
Book Description
From angry shareholders to concerned chief executives, almost everyone knows at a gut level that the present political system is not working. This book finds the root cause to be poor corporate governance. In the prequel to this book, The Emperor’s Nightingale, Robert A. G. Monks, one of the world’s foremost shareholder activists, had warned corporations against putting short-profit ahead of long-term value for all stakeholders. Few listened – and the result was system-wide trauma that only bold solutions can heal. In The Emperor’s Nightmare, his latest book, Monks reveals what can happen when corporate leadership abandons the common good to court and conquer a powerful elite. This insightful, honest, and direct portrayal of corporate governance and the surrounding political system will be of immense value to those interested in corporate governance – particularly shareholder and stakeholder advocates, and the true corporate leaders who serve them. In the end, better corporate governance means better democracy. This book shows the way.
Author: Eugene Soltes Publisher: Public Affairs ISBN: 1610395360 Category : Business & Economics Languages : en Pages : 460
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.
Author: Jennifer Arlen Publisher: Edward Elgar Publishing ISBN: 1783474475 Category : Business & Economics Languages : en Pages : 389
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.
Author: Klement Podnar Publisher: Edward Elgar Publishing ISBN: 1802200878 Category : Business & Economics Languages : en Pages : 579
Book Description
This comprehensive Encyclopedia captures the intricacies of corporate communication, offering 87 clear, succinct definitions of important concepts within marketing, business, organizational communication and public relations followed by critical, literary analyses of significant research ventures.
Author: Pierre-Hugues Verdier Publisher: Oxford University Press, USA ISBN: 0190675772 Category : LAW Languages : en Pages : 281
Book Description
Introduction : Global Banks, Regulators, and Prosecutore -- "I Think We Got Away With It" : Benchmark Manipulation -- "Geneva Is Lovely this Time of Year" : Offshore Tax Evasion -- "A Hidden War" : Sanctions Evasion -- "An Extortion and An Act of Piracy" : Enforcing Sovereign Debt -- Conclusion : The Future of Global Bank Prosecution
Author: Samuel W. Buell
Author: Samuel W. Buell
Author: Cornelia Woll
Author: Kathleen F. Brickey
Author: Harpreet Kaur
Author: Robert A. G. Monks
Author: Harvard Law Review
Author: Eugene Soltes
Author: Jennifer Arlen
Author: Klement Podnar
Author: Pierre-Hugues Verdier