Corporate Criminal Liability and Prevention

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Law Journal Press, 2004 - Law - 600 pages
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"A comprehensive, wide-ranging and balanced book on the topic of corporate criminality." -- John C. Coffee, Jr., Adolf A. Berle Professor of Law at Columbia University Law School

"Beyond question, this is the most comprehensive and thoughtful treatment of corporate crime on the market." -- Christopher D. Stone, J. Thomas McCarthy Trustee Professor of Law, USC School of Law

With corporate criminal prosecutions on the rise, the potential impact of corporate fines and sanctions looms over corporate officers and directors and their legal advisors. Corporate Criminal Liability and Prevention provides essential guidance on all aspects of this critical area--the sources of corporate criminal liability, the immediate and collateral consequences of conviction, and the available defenses to, and limitations on, liability.

This thoroughly up-to-date guide also examines current prosecutorial discretion standards, amnesties and sentencing guidelines. It instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.

Corporate Criminal Liability and Prevention is a comprehensive work, providing both substantive analysis of the law and strategic advice for practitioners. Whether you are handling a corporate criminal case or advising a corporation on how to avoid one, this book will help you give your clients clear guidance on the best strategies and compliance policies in light of the latest legal developments.

Book ʤ looseleaf, one volume, 1,550 pages; published in 2004, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-125-5.
 

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Contents

3 Properly Categorizing Offenses within
1-3
CHAPTER 2
2-1
Corporate Criminal Liability Under Federal
3-1
CHAPTER 4
4-1
Liability under Federal Law 311
5-1
CHAPTER 6
6-1
2 Generally Applicable Standard
7-1
CHAPTER 8
8-1
CHAPTER 16
16-1
CHAPTER 17
17-1
Index
1-1
2 Criminal Conduct as a Basis for Suspension
1-2
2 Code Standards 716
1-7
c Threats to Company Existence
1-14
a Nondelegable Duties as a Basis
xvii
Corporate Management
1-1

CHAPTER 9
9-1
1 Translating Offense Levels into Corporate
10-1
CHAPTER 1
11-1
Knowledge and Group Action 425
11-4
1 Adjusting Corporate Fines to Match
12-1
1 Origins of Model Penal Code Standards
13-1
4 Organizational Failure to Satisfy
13-4
CHAPTER 14
1401
CHAPTER 15
15-1
a The General Standard 524
1-5
d Prosecutorial Trends under
6-37
CHAPTER 15
6-89
2 Limits on GainBased Deterrents
1-9
a Dual Representation Problems 1558
1-15
CHAPTER 16
1-16
CHAPTER 17
1-17
Copyright

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About the author (2004)

Richard S. Gruner is a former inside counsel to the IBM Corporation and consultant to the U.S. Sentencing Commission concerning corporate sentencing standards. He is a co-author with Louis M. Brown and Anne Kandel of The Legal Audit (1990), published by West Corporation, and is also the author of numerous articles on corporate crime and organizational systems for crime prevention. He was the Reporter for the National Center for Preventive Law's (NCPL's) Corporate Compliance Principles. Mr. Gruner is presently a Professor of Law and the Director of the Center for Intellectual Property Law and a Professor of Law at the John Marshall Law School in Chicago, Illinois. He is a graduate of the California Institute of Technology (B.S. 1975), the USC Law School (J.D. 1978), and Columbia Law School (LL.M. 1982). Professor Gruner served as a member of the United States Sentencing Commission's Advisory Group on the Organizational Sentencing Guidelines. The Advisory Group's recommendations for changes in corporate sentencing criteria and standards for evaluating law compliance programs formed the basis for new organizational sentencing guidelines promulgated by the Sentencing Commission in 2004.

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