Corporate Crime and Punishment : the Crisis of Underenforcement.
Author
Published
Oakland : Berrett-Koehler Publishers, Incorporated, 2020.
Status
Available Online
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Format
Language
English
ISBN
1523088877, 1523088869, 9781523088867, 9781523088874, 9781523088850, 1523088850
Notes
Bibliography
Includes bibliographical references and index.
Description
"Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime." />'Robert Jackson, former Commissioner, Securities and Exchange Commission /> /> />In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. "We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks," he says. /> />He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, "it is easier and cheaper to buy information than seek to discover it in adversarial proceedings." All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice.
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O'Reilly,O'Reilly Online Learning: Academic/Public Library Edition
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Citations
APA Citation, 7th Edition (style guide)
Coffee, J. C., Jr. (2020). Corporate Crime and Punishment: the Crisis of Underenforcement . Berrett-Koehler Publishers, Incorporated.
Chicago / Turabian - Author Date Citation, 17th Edition (style guide)Coffee, John C., Jr. 2020. Corporate Crime and Punishment: The Crisis of Underenforcement. Berrett-Koehler Publishers, Incorporated.
Chicago / Turabian - Humanities (Notes and Bibliography) Citation, 17th Edition (style guide)Coffee, John C., Jr. Corporate Crime and Punishment: The Crisis of Underenforcement Berrett-Koehler Publishers, Incorporated, 2020.
MLA Citation, 9th Edition (style guide)Coffee, John C., Jr. Corporate Crime and Punishment: The Crisis of Underenforcement Berrett-Koehler Publishers, Incorporated, 2020.
Note! Citations contain only title, author, edition, publisher, and year published. Citations should be used as a guideline and should be double checked for accuracy. Citation formats are based on standards as of August 2021.
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Grouped Work ID
923314da-cb8c-0271-5bbb-53ff02c2dc7d-eng
Grouping Information
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---|---|
Full title | corporate crime and punishment the crisis of underenforcement |
Author | coffee john c jr |
Grouping Category | book |
Last Update | 2024-03-29 07:51:22AM |
Last Indexed | 2024-04-17 02:25:05AM |
Book Cover Information
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First Loaded | Dec 28, 2023 |
Last Used | Dec 28, 2023 |
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Last File Modification Time | Mar 22, 2023 08:36:12 AM |
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245 | 1 | 0 | |a Corporate Crime and Punishment :|b the Crisis of Underenforcement. |
260 | |a Oakland :|b Berrett-Koehler Publishers, Incorporated,|c 2020. | ||
300 | |a 1 online resource (188 pages) | ||
336 | |a text|b txt|2 rdacontent | ||
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504 | |a Includes bibliographical references and index. | ||
505 | 0 | |a Cover -- Title Page -- Copyright Page -- Dedication -- Contents -- Preface -- Part 1 The Factual Story -- Introduction to Part 1 -- One The Regulatory Shortfall -- Two Scenes from the Crash -- Three Postcrash Developments -- Part 2 Analysis: What Policy Levers Could Work? -- Introduction to Part 2 -- Four The Difficulties with Deterrence -- Five The Prisoner's Dilemma Strategy -- Six Civil Agency Enforcement: An Overview -- Part 3 Specific Reforms -- Introduction to Part 3 -- Seven The Whistle-Blower as Bounty Hunter -- Eight Reforming Corporate Criminal Law | |
505 | 8 | |a Nine Dealing with the Convicted Corporation -- Conclusion: Rebalancing the Carrots and the Sticks -- Notes -- Index -- About the Author | |
520 | |a "Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime." />'Robert Jackson, former Commissioner, Securities and Exchange Commission /> /> />In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. "We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks," he says. /> />He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, "it is easier and cheaper to buy information than seek to discover it in adversarial proceedings." All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. | ||
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