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9780195386790

Punishing Corporate Crime Legal Penalties for Criminal and Regulatory Violations

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  • ISBN13:

    9780195386790

  • ISBN10:

    0195386795

  • Format: Hardcover
  • Copyright: 2009-09-03
  • Publisher: Oxford University Press

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Summary

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.

Author Biography


James O'Reilly has been a successful legal author since 1977, when his first treatise on privacy and information law became a widely used reference, and the U.S. Supreme Court quoted his FDA text in 2000 with the words, "The experts have writtenEL" He is a former state police officer in New York and has taught criminal law, among other courses, at the University of Cincinnati. His articles have appeared in law journals at Yale, Columbia, Harvard, Cornell, and other schools, for a total of 164 published articles, and his 35 texts have earned more than a million dollars in author royalties and have been widely cited by federal and state courts. He has authored texts for McGraw-Hill, Kluwer, Lexis, Matthew Bender, West, Shepards, Van Nostrand Reinhold, Wiley and other publishers. He formerly served at Procter & Gamble as Associate General Counsel and in addition to his teaching, he is Counsel to Baker & Daniels of Indianapolis and Vice-Mayor of a small Ohio city. In 2008, he completed work as Assistant Chief Reporter of the Project on European Union Administrative Law, funded by the EU and the American Bar Association. He was Section Chair of the 16,000-member Section of Administrative Law & Regulatory Practice of the American Bar Association in 1996-97. He is a graduate of Boston College and the University of Virginia School of Law, where he is a member of the Dean's Council.

Table of Contents

Prefacep. xi
About the Authorsp. xiii
Introduction
Introductionp. 3
Defining the Problemp. 7
Liabilities and Rights of the Corporation and Managers
Principles of Criminal Liability for Corporate Misconductp. 21
Constitutional Considerationsp. 31
Individual Criminal Liability Related to the Corporationp. 41
Criminal Statutory Liability and Interpretationp. 47
Understanding the Process
The Federal Criminal Investigation Processp. 67
The Process of Defining Charges Against the Individualp. 85
Training for Avoidance of Potential Future Criminal Liabilitiesp. 91
Criminal Penalties and Related Remedies
Corporate Integrity Agreementsp. 97
Deferred Prosecution and Non-Prosecution Agreementsp. 119
Understanding and Complying with Compliance Agreementsp. 155
Remedies of Disgorgement and Restitutionp. 181
Related Civil Remedies: Administrative Penalties and Injunctionsp. 209
Qui Tam Relator Suits and False Claims Act Proceedingsp. 221
Post-Conviction Debarment of Corporationsp. 251
Table of Casesp. 261
Indexp. 273
Table of Contents provided by Ingram. All Rights Reserved.

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