Jump to ContentJump to Main Navigation
Prosecutors in the BoardroomUsing Criminal Law to Regulate Corporate Conduct$
Users without a subscription are not able to see the full content.

Anthony S. Barkow and Rachel E. Barkow

Print publication date: 2011

Print ISBN-13: 9780814787038

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814787038.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 23 September 2021

Potentially Perverse Effects of Corporate Civil Liability

Potentially Perverse Effects of Corporate Civil Liability

Chapter:
(p.87) 4 Potentially Perverse Effects of Corporate Civil Liability
Source:
Prosecutors in the Boardroom
Author(s):

Samuel W. Buell

Publisher:
NYU Press
DOI:10.18574/nyu/9780814787038.003.0004

This chapter examines the potentially adverse effects of corporate civil liability and the role of prosecutors in regulating corporate behavior. After considering the distinction between a criminal enterprise case and a civil regulatory action, it discusses measures necessary to push civil regulatory liability in the direction of criminal liability. It then describes three key actors on the enforcement side of corporate regulation: private actors, criminal prosecutors, and regulatory bodies such as the Securities and Exchange Commission (SEC). It also explores problems that might arise from reforming the civil regulatory action by focusing on the SEC enforcement action. It argues that agencies should have a greater role in corporate regulation and that criminal sanctions are most effective as the cap of a pyramid of enforcement. Finally, it contends that civil enforcement must be augmented to make it more attractive to enforcers and reduce the need for criminal enforcement.

Keywords:   corporate civil liability, prosecutors, corporate behavior, civil regulatory liability, criminal liability, corporate regulation, Securities and Exchange Commission, criminal sanctions, civil enforcement, criminal enforcement

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.