Research handbook on corporate crime and financial misdealing / edited by Jennifer Arlen.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Arlen, Jennifer, editor.

Series:

Research handbooks in corporate law and governance.

Research handbooks in corporate law and governance series

Language:

English

Subjects (All):

Commercial crimes--Law and legislation.

Commercial crimes.

Corporate governance--Law and legislation.

Corporate governance.

Corporations--Corrupt practices.

Corporations.

Physical Description:

1 online resource (392 pages).

Place of Publication:

Northampton, MA : Edward Elgar Pub., Inc., 2018.

Summary:

This highly topical Research 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, behavioral 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. This highly topical Research 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, behavioral 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.

Contents:

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.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-78347-447-5