Research Handbook on Corporate Crime and Financial Misdealing (Research Handbooks in Corporate Law and Governance series)

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.-- Provided by publisher Présentation de l'éditeur : "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." Front Matter 1 Copyright 4 Contents 5 List of contributors 7 Acknowledgments 9 Introduction 11 PART I: CORPORATE AND INDIVIDUAL LIABILITY FOR CORPORATE MISCONDUCT 19 1. Psychology and the deterrence of corporate crime 21 2. Individual and corporate criminals 50 3. Criminally bad management 69 4. Does conviction matter? The reputational and collateral effects of corporate crime 97 PART II: PUBLIC ENFORCEMENT OF PUBLIC CORRUPTION AND SECURITIES FRAUD 159 5. Multijurisdictional enforcement games: the case of anti-bribery law 161 6. Beware blowback: how attempts to strengthen FCPA deterrence could narrow the statute’s scope 185 7. Corruption in state administration 205 8. Securities law and its enforcers 229 9. Corporate and individual liability in SEC enforcement actions 247 PART III: ROLE OF PRIVATE ACTORS: COMPLIANCE, CORPORATE INVESTIGATIONS, AND WHISTLEBLOWING 255 10. An economic analysis of effective compliance programs 257 11. Behavioral ethics, behavioral compliance 273 12. An analysis of internal governance and the role of the General Counsel in reducing corporate crime 292 13. When the corporation investigates itself 318 14. Bounty regimes 344 Index 373 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. Jennifer Arlen brings together thirteen original chapters that explore the mechanisms for deterring corporate crime through public enforcement and private interventions.