Corporate Crime In America: Strengthening The Good Citizen Corporation Proceedings

Front Cover
Richard P. Conaboy
DIANE Publishing, 1998 - 473 pages
This symposium focused on the ways in which companies, industries, & enforcement officials have responded to the organizational sentencing guidelines' incentives & other changes in the enforcement landscape that encourage businesses to develop strong compliance programs & adopt crime-controlling measures. Topics included organizational guidelines, corporate experiences in developing effective compliance programs, evolving compliance standards, enforcement schemes & policies, protection of compliance practices from disclosure, & the government's role in fostering good corporate citizenship. Illustrated.
 

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Contents

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Page 13 - I served as an Assistant United States Attorney in the Southern District of New York, one of the largest offices in the federal system.
Page 105 - The organization must have taken reasonable steps to achieve compliance with its standards, eg, by utilizing monitoring and auditing systems reasonably designed to detect criminal conduct by its employees and other agents...
Page 359 - Before the Subcommittee on Criminal Justice of the House Committee on the Judiciary, 93d Cong., 1st Sess., 142-158 with Ely, The Irrepressible Myth of Erie, 87 Harv.
Page 393 - Fool me once, shame on you. Fool me twice, shame on me.
Page 356 - ... test" will necessarily enable courts to decide questions such as this with mathematical precision. But if the purpose of the attorney-client privilege is to be served, the attorney and client must be able to predict with some degree of certainty whether particular discussions will be protected. An uncertain privilege, or one which purports to be certain but results in widely varying applications by the courts, is little better than no privilege at all.
Page 356 - ... formulate sound advice when their client is faced with a specific legal problem but also threatens to limit the valuable efforts of corporate counsel to ensure their client's compliance with the law. In light of the vast and complicated array of regulatory legislation confronting the modern corporation, corporations, unlike most individuals, "constantly go to lawyers to find out how to obey the law," Burnham, The AttorneyClient Privilege in the Corporate Arena, 24 Bus.
Page 360 - After an offense has been detected, the organization must have taken all reasonable steps to respond appropriately to the offense and to prevent further similar offenses — including any necessary modifications to its program to prevent and detect violations of law.
Page 268 - The world has achieved brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical infants.
Page 360 - The hallmark of an effective program to prevent and detect violations of law is that the organization exercised due diligence in seeking to prevent and detect criminal conduct by its employees and other agents.
Page 4 - My view is shaped by my experiences as an Assistant United States Attorney in the Southern District of New York from 1991-1994, and as an Associate Counsel in the office of the regulatory Whitewater Independent Counsel, Robert B.

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