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Uncertainty surrounds the use of publicity as a means of controlling corporate crime. On the one hand, some agree with Justice Brandeis's dictum that light is "the best of disinfectants...the most efficient policeman." On the other hand, many believe that corporations' internal affairs are effectively shrouded with a thick fog that prevents the light of public scrutiny from reaching them. The Impact of Publicity on Corporate Offenders is the first study to go beyond the rhetoric, through an examination of corporate experience. Fisse and Braithwaite have carried out a qualitative inquiry concerning 17 large corporations involved in publicity crises. Based mainly on interviews, the inquiry includes company employees and former employees, union officials, officers of government regulatory agencies, competitors, independent accountants, government prosecutors, public interest activists, judicial officers, stockbrokers, and other experts.
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna
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.
Can you name 10 corporate criminals? Bernie Madoff, Martha Steward, and Jeff Skilling don't count - they are individuals, not businesses. How about just five? Three? It's surprising the task should be so difficult. Corporate crime inflicts upwards of 20 times more economic damage each year than all street crime. Brand-name corporations find themselves on the wrong side of the law for everything from accounting fraud to homicide to narcotics dealing. Yet many people, including most law students and even some law professors, don't even know that corporate criminal law exists.In a forthcoming paper, we argue that widespread ignorance about corporate crime and corporate criminals reflects a systemic problem for business law, as well as a missed opportunity. Corporate criminal enforcement needs a marketing makeover. When prosecutors and agencies ignore basic marketing principles, they undermine the deterrent impact of the public, expressive act inherent in corporate criminal enforcement. These failures of communication undermine the most basic moral and preventive aspirations of corporate criminal law. This is an unforced error that some creative thinking and attention to marketing basics could begin to remedy right now, without even requiring much additional expense.