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"This book was prepared in conjunction with the Commercial Crime Insurance Coverage program, sponsored by the American Bar Association Tort and Trial Insurance Practice Section's Fidelity and Surety Law Committee. The book is a successor to Commercial Crime Policy, Second Edition, published in 2005." -- Introduction.
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
It is an important resource for fidelity professionals, practitioners and anyone concerned with the nature and scope of insurance covering fraud in the workplace.
This handbook offers a comprehensive examination of crimes as public policy subjects to provide an authoritative overview of current knowledge about the nature, scale, and effects of diverse forms of criminal behaviour and of efforts to prevent and control them.
Since the responsibility of detecting and preventing fraud now falls heavily on the accounting profession, the accountant needs this practical and complete tool for dealing with real and potential fraud. Helps accountants develop an investigative eye toward both internal and external fraud and provides information on how to cope with it when discovered. Preventive measures for avoiding fraud are also discussed. Contains forms, checklists and thoroughly tested material. Updates will include recent cases, new developments and new practice aids.
This book introduces the future of criminal law. It covers every aspect of crime in the digital age, assembled together for the first time. Topics range from Internet surveillance law and the Patriot Act to computer hacking laws and the Council of Europe cybercrime convention. More and more crimes involve digital evidence, and computer crime law will be an essential area for tomorrow's criminal law practitioners. Many U.S. Attorney's Offices have started computer crime units, as have many state Attorney General offices, and any student with a background in this emerging area of law will have a leg up on the competition. This is the first law school book dedicated entirely to computer crime law. The materials are authored entirely by Orin Kerr, a new star in the area of criminal law and Internet law who has recently published articles in the Harvard Law Review, Columbia Law Review, NYU Law Review, and Michigan Law Review. The book is filled with ideas for future scholarship, including hundreds of important questions that have never been addressed in the scholarly literature. The book reflects the author's practice experience, as well: Kerr was a computer crime prosecutor at the Justice Department for three years, and the book combines theoretical insights with practical tips for working with actual cases. Students will find it easy and fun to read, and professors will find it an angaging introduction to a new world of scholarly ideas. The book is ideally suited either for a 2-credit seminar or a 3-credit course, and should appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed.
First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications of his findings for a range of strategies to control corporate crime, nationally and internationally.
“Blood-boiling…with quippy analysis…Taub proposes straightforward fixes and ways everyday people can get involved in taking white-collar criminals to task.”—San Francisco Chronicle How ordinary Americans suffer when the rich and powerful use tax dodges or break the law to get richer and more powerful—and how we can stop it. There is an elite crime spree happening in America, and the privileged perps are getting away with it. Selling loose cigarettes on a city sidewalk can lead to a choke-hold arrest, and death, if you are not among the top 1%. But if you're rich and commit mail, wire, or bank fraud, embezzle pension funds, lie in court, obstruct justice, bribe a public official, launder money, or cheat on your taxes, you're likely to get off scot-free (or even win an election). When caught and convicted, such as for bribing their kids' way into college, high-class criminals make brief stops in minimum security "Club Fed" camps. Operate the scam from the executive suite of a giant corporation, and you can prosper with impunity. Consider Wells Fargo & Co. Pressured by management, employees at the bank opened more than three million bank and credit card accounts without customer consent, and charged late fees and penalties to account holders. When CEO John Stumpf resigned in "shame," the board of directors granted him a $134 million golden parachute. This is not victimless crime. Big Dirty Money details the scandalously common and concrete ways that ordinary Americans suffer when the well-heeled use white collar crime to gain and sustain wealth, social status, and political influence. Profiteers caused the mortgage meltdown and the prescription opioid crisis, they've evaded taxes and deprived communities of public funds for education, public health, and infrastructure. Taub goes beyond the headlines (of which there is no shortage) to track how we got here (essentially a post-Enron failure of prosecutorial muscle, the growth of "too big to jail" syndrome, and a developing implicit immunity of the upper class) and pose solutions that can help catch and convict offenders.