Collaborative Organizational Prosecution
Collaborative Organizational Prosecution
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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