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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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What Are the Rules If Everybody Wants to Play?

What Are the Rules If Everybody Wants to Play?

Multiple Federal and State Prosecutors (Acting) as Regulators

(p.202) 9 What Are the Rules If Everybody Wants to Play?
Prosecutors in the Boardroom

Sara Sun Beale

NYU Press

This chapter examines the overlapping jurisdiction of federal and state prosecutors over corporate misconduct. It begins with an overview of concurrent criminal jurisdiction and the potential for multijurisdictional prosecutions before considering a variety of circumstances under which prosecutors from multiple jurisdictions initiated criminal investigations or brought formal prosecutions concerning the same corporate conduct. It then discusses the barriers or factors limiting multistate regulatory prosecutions and the incentives for cooperation or conflict in multijurisdictional prosecutions, as well as the complexities that may arise if prosecutors in multijurisdictional cases do not cooperate voluntarily. It also describes the formal mechanisms to harmonize all the prosecutorial actors involved and the informal measures by which coordination occurs.

Keywords:   prosecutors, corporate misconduct, criminal jurisdiction, multijurisdictional prosecution, multiple jurisdictions, criminal investigation, corporate conduct

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