American Criminal Law Review articles from September 2007

American Criminal Law Review archives from September 2007

The dangers of over-criminalization and the need for real reform: the dilemma of artificial entities and artificial crimes.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... Thank you for the opportunity to speak with you about this important topic today. Nearly ten years ago I delivered a speech in which I discussed the perils of over-criminalization and remarked that reform was needed before Congress further...

Trends in corporate criminal prosecutions.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... This essay suggests that in the years ahead the number of corporate criminal investigations is likely to increase but fewer businesses will be indicted. Part I briefly reviews the legal standards for imposing corporate criminal liability and...

Corporate crime and making amends.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... INTRODUCTION Increasing calls for limits on the use of corporate criminal liability naturally follow periods of heightened regulatory scrutiny. (1) The cyclical history of corporate scandals, resulting in law reforms, active law...

A new approach to corporate criminal liability. (Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... I. THE CURRENT DOCTRINE OF CRIMINAL CORPORATE LIABILITY II. RETHINKING CRIMINAL CORPORATE LIABILITY A. Deterrence and Retribution in Criminal Corporate Liability B. Civil Law Limitations on Corporate Vicarious Liability ...

Of bad apples and bad trees: considering fault-based liability for the complicit corporation.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... Corporate crime is not new. For over 100 years, individual officers and employees of business firms and occasionally firms themselves have been charged and convicted of crimes. Nonetheless, corporate crime entered the public consciousness in a...

Of breaches of the peace, home invasions, and securities fraud.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... I. INTRODUCTION As a response to the corporate scandals of the first part of this decade, the federal government created new legislation and amended current laws (1) to punish corporate misconduct more severely. New crimes were created,...

"Left behind" after Sarbanes-Oxley.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... I. INTRODUCTION According to a recent issue of Business Week, many hotshots of American industry are fleeing publicly traded corporations for "the money, freedom and glamour of private equity." (1) Among the reasons cited for their...

Under-breaded shrimp and other high crimes: addressing the over-criminalization of commercial regulation.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... I. INTRODUCTION On July 10, 2002, a panel of witnesses, in which I was included, sat before a Senate Judiciary Subcommittee in a hearing to "mark-up" a bill that was to be included in the so-called Sarbanes-Oxley legislation. (1) The...

Cooperation with the government is good for companies, investors, and the economy.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)(Speech)
September 22, 2007... On March 15, 2007, the Georgetown University Law Center hosted a Symposium on "Corporate Criminality: Legal, Ethical, and Managerial Implications." (1) The following transcribed remarks are excerpted from the daylong event. INTRODUCTION...

Remarks on "the challenge of cooperation: consideration of the ethical and managerial implications of the organizational sentencing guidelines, Thompson memorandum, SOX, etc".(Sarbanes-Oxley Act of 2002)(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)(Speech)
September 22, 2007... On March 15, 2007, the Georgetown University Law Center hosted a Symposium on "Corporate Criminality: Legal, Ethical, and Managerial Implications." (1) The following transcribed remarks are excerpted from the daylong event. INTRODUCTION...

The DOJ risks killing the golden goose through Computer Associates/Singleton theories of obstruction.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... The corporate defense bar has long resisted the U.S. Department of Justice's (DOJ's) policy with respect to corporate cooperation (1) on a number of grounds. By far the loudest, and most sustained, objection has been to DOJ prosecutors'...

Prosecution deferred: exploring the unintended consequences and future of corporate cooperation. (Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... INTRODUCTION Much has been written about the government's increased reliance on corporate cooperation and, in particular, deferred prosecution agreements ("DPAs"), (1) as tools to address corporate and individual malfeasance. The defense...

Is corporate criminal liability unique?(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... The authors of many of the articles in this symposium are specialists in corporate and white collar crime. Since I am not, I hope to bring an outsider's perspective to some key issues and common assumptions. My thesis is that many of the...

A new corporate world mandates a "good faith" affirmative defense.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... INTRODUCTION Initially, corporate criminal liability did not exist in the United States criminal justice system. (1) Because a corporation had no physical attributes, it could not perform an act; and because it had no mind, it could not...

Closing commentary on corporate criminality: legal, ethical, and managerial implications.(Symposium: Corporate Criminality: Legal, Ethical, and Managerial Implications)
September 22, 2007... An unprecedented politicization of American criminal-law policy and practice has taken place over the past fifty years. Perhaps nowhere is this more evident today than in the area of corporate criminality. In step with this period of increasing...