Prosecutors in the BoardroomUsing Criminal Law to Regulate Corporate Conduct

Prosecutors in the BoardroomUsing Criminal Law to Regulate Corporate Conduct

Anthony S. Barkow and Rachel E. Barkow

Print publication date: 2016

ISBN: 9780814787038

Publisher: NYU Press

Abstract

In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren't subject to the same checks and balances that civil regulatory agencies are. This book explores the questions raised by this practice by compiling the insights of the leading lights in the field. The chapters move beyond criticisms of the practice to closely examine exactly how corporate regulation by prosecutors works. Broadly, the book considers who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution.

Table of Contents

Introduction

Anthony S. Barkow and Rachel E. Barkow

1 The Causes of Corporate Crime

Cindy R. Alexander and Mark A. Cohen

5 Inside-Out Enforcement

Lisa Kern Griffin

6 The Institutional Logic of Preventive Crime

Mariano-Florentino Cuéllar

Conclusion

Anthony S. Barkow and Rachel E. Barkow