The first edition of this book's publication coincided with a massive global financial crisis dubbed the worst recession since World War II. The culprit was unbridled corporate power that has overtaken judgment, trust, and self-restraint -- all cornerstones of a normally functioning capital...
The first edition of this book's publication coincided with a massive global financial crisis dubbed the worst recession since World War II. The culprit was unbridled corporate power that has overtaken judgment, trust, and self-restraint -- all cornerstones of a normally functioning capital marketplace. The consequences to the corporation include legal action and financial ruin. Indicting a corporation has been described by some as corporate capital punishment. Corporations are separate, distinct legal beings from the people who run them.
These fictional beings, created at birth by the law, do possess a financial soul. That "soul" may cease to exist as a consequence of even the threat of corporate prosecution for white-collar crime. This book addresses not just the financial and legal consequences of prosecution but also places into a broader perspective for the practitioner and observer what the motivations are, how the financial schemes look, what the law prohibits, and how to engage in effective damage control in an effort to resuscitate the dying patient. It's not just a "how to" book, it's also a "what not to do" book. The second edition updates changes in the law after 2009 to include the Supreme Court's post-Enron changes to the "honest-services" fraud theory of prosecution under U.S.C. §1346; the increased use of parallel proceedings through the expansion of the False Claims Act by the Fraud Enforcement and Recovery Act of 2009; the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, including the enhanced whistleblower protections; updated Foreign Corrupt Practices Act statistics through 2011; major revisions to the Department of Justice policies on criminal discovery and more.
- Chapter 1 - Exposing the Corporate Criminal: An Exercise in Corporate Transparency
- Chapter 2 - The Facts Behind the Fiction: Theories of Corporate Criminal Liability
- Chapter 3 - Crime and Punishment: Statutory Tools
- Chapter 4 - Constitutional Perspectives: Few Rights and Even Fewer Privileges
- Chapter 5 - Affirmative Defenses: Denying Liability and Deflecting Blame
- Chapter 6 - Structuring Corporate Plea and Settlement Agreements: An Exercise in Damage Control
- Chapter 7 - Tax Consequences and Planning Opportunities: Crime Doesn't Pay but It May Be Tax - Deductible
- Chapter 8 - New Trends in Corporate Criminality: Accounting "Hocus-Pocus" Earnings Management
- Chapter 9 - The Foreign Corrupt Practices Act: Bribery as a Global Market Entry Strategy
- Chapter 10 - Statutory Reforms Post-Enron: The New Corporate Governance Model