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Prosecutors in the BoardroomUsing Criminal Law to Regulate Corporate Conduct$
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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

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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: 28 September 2021

Inside-Out Enforcement

Inside-Out Enforcement

(p.110) 5 Inside-Out Enforcement
Prosecutors in the Boardroom

Lisa Kern Griffin

NYU Press

This chapter examines the role of private parties in criminal law enforcement of corporations,with particular emphasis on the compliance industry and corporate monitors. More specifically, it considers the nature of the collaboration between public enforcers and private parties that stems from current corporate enforcement strategies, along with the costs and benefits of those partnerships. It also explores the changing conceptions of public and private interests developing out of the 2008 economic crisis and the bailout of financial institutions. Finally, it discusses the impact of public/private partnerships on corporate crime deterrence and whether deferred prosecution agreements have achieved the advantages of industry-wide corporate regulation or succeeded in inculcating broad norms of compliance.

Keywords:   private parties, criminal law, law enforcement, compliance, corporate monitors, economic crisis, public/private partnerships, corporate crime, deferred prosecution agreements, corporate regulation

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