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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

Reforming the Corporate Monitor?

Reforming the Corporate Monitor?

(p.226) 10 Reforming the Corporate Monitor?
Prosecutors in the Boardroom

Vikramaditya Khanna

NYU Press

This chapter offers suggestions for reforming and regulating the corporate monitor so as to improve the prosecution of corporate crime and corporate regulation more generally. It first examines the growth of corporate monitors until the advent of the so-called Morford Memo in early 2008 and goes on to discuss the most recent developments, including recent legislation in the House of Representatives, that arose in response to concerns about the appointment and pay of monitors, among other issues. It then reflects on the role that the judiciary should play in the monitoring process and whether the reports of monitors should be made available to the public. It also proposes further reforms to enhance the benefits of using corporate monitors in view of their impact on corporate governance, with particular emphasis on measures that might help to enhance the development of a market for monitor services.

Keywords:   corporate monitors, Morford Memo, House of Representatives, reforms, corporate governance, corporate regulation, judiciary, corporate crime, legislation

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