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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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Collaborative Organizational Prosecution

Collaborative Organizational Prosecution

(p.154) 7 Collaborative Organizational Prosecution
Prosecutors in the Boardroom

Brandon L. Garrett

NYU Press

This chapter examines the relationship between prosecutors and regulators in corporate cases, with particular emphasis on the merits of corporate regulation by prosecution. It first considers the role that regulators are already playing in the formulation of nonprosecution agreements and deferred prosecution agreements before discussing corporate prosecutions and the involvement of regulators in the negotiation of settlements. It then offers suggestions to improve the relationship between prosecutors and federal regulatory agencies and notes how a largely collaborative approach has emerged from the relationship between federal regulators and prosecutors. It also describes the benefits of the complex system of overlapping enforcement authority despite a sometimes tense partnership between prosecutors and regulators.

Keywords:   prosecutors, regulators, nonprosecution agreements, deferred prosecution agreements, corporate prosecution, corporate regulation, federal regulatory agencies

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