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Winner of the 2018 Excellence in Financial Journalism Award From Pulitzer Prize–winning journalist Jesse Eisinger, “a fast moving, fly-on-the-wall, disheartening look at the deterioration of the Justice Department and the Securities and Exchange Commission…It is a book of superheroes” (San Francisco Review of Books). Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond. The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek). Jesse Eisinger begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives. “Brave and elegant…a fearless reporter…Eisinger’s important and profound book takes no prisoners” (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).
In the wake of highly publicized corporate shake-ups, internal investigations have gained national prominence and established themselves as an important tool of management. This newly updated and expanded resource guides you through the intricate steps of conducting an effective and efficient internal investigation. Each chapter covers one aspect of conducting an investigation, clearly describing and advising you on the methods and skills involved, while providing you with practical tips on anticipating, recognizing, and avoiding the traps you are certain to encounter.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Corporate Criminal Investigations and Prosecutions provides readers a comprehensive understanding of the process behind the investigation, prosecution, and resolution of criminal charges against organizations. Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and resolves corporate criminal violations. As a result of these developments, the practice of investigating, prosecuting, and resolving corporate criminal cases has many significant differences from other areas of criminal or civil law. Notably, one of the most significant aspects that distinguishes corporate criminal practice is that much of it occurs outside of the formal judicial system; nearly all DOJ corporate criminal matters are resolved through negotiated settlements, and very few cases involve court proceedings or go to trial. As a result, many parts of this practice remain relatively unknown to students and practitioners. Until now. With the publication of this book, authors Leo Tsao, Daniel Kahn, and Eugene Soltes, whose resumes collectively reflect the highest levels of practice and expertise in this field, open a window into all aspects of corporate criminal investigations and prosecutions. Professors and students will benefit from: The authors bring a unique perspective and unparalleled qualifications to the subject of corporate criminal liability. Daniel Kahn is the former acting Deputy Assistant Attorney General of the Criminal Division and former Chief of the Fraud Section and FCPA Unit. Leo Tsao is the former Principal Deputy Chief of the Money Laundering and Asset Recovery Section and has held supervisory positions in the Bank Integrity Unit and FCPA Unit within the DOJ's Criminal Division. Eugene Soltes is a professor at Harvard Business School, and regularly teaches and advises companies on corporate integrity, organizational cultures, and compliance systems. Comprehensive coverage: Part One addresses topics that are generally applicable to all corporate criminal cases, such as the legal principles underlying corporate criminal liability; the individual liability of corporate officers for corporate crimes; and the constitutional rights of criminal corporate defendants--to name a few. Part Two addresses specific categories of federal crimes commonly used to charge corporate defendants, such as conspiracy, the FCPA, the Bank Secrecy Act, antitrust laws, and RICO. Part Two also provides insights into criminal activity and law enforcement within the technology sector as it pertains to virtual currency (e.g., Bitcoin). Extensive online resources include discussion questions, and relevant case material for key chapters