Corporate Criminal Liability and Prevention
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.
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Table of Contents
Chapter 1: Characteristics of Corporate Crime
Chapter 2: Rationales for Corporate Criminal Liability
Chapter 3: Corporate Criminal Liability Under Federal Law
Chapter 4: Corporate Criminal Liability Based on Collective Knowledge and Action
Chapter 5: Special Sources and Limitations of Corporate Criminal Liability Under Federal Law
Chapter 6: Support for a Due Diligence Defense to Corporate Criminal Liability Under Federal Law
Chapter 7: Corporate Criminal Liability Under State Laws
Chapter 8: Corporate Sentences for Federal Offenses: An Introduction to the Organizational Sentencing Guidelines
Chapter 9: Offense Severity Characteristics Determining Corporate Fines
Chapter 10: Offender Culpability Characteristics Determining Corporate Fines
Chapter 11: Adjusting Corporate Fines: Sentencing Discretion, Guideline De
Partures, and Fine Reductions
Chapter 12: Beyond Fines: Innovative Corporate Sentences
Chapter 13: Collateral Consequences of Corporate Crime
Chapter 14: Preventing Corporate Criminal Liability with Law Compliance Programs
Chapter 15: Constructing and Operating Compliance Programs
Chapter 16: Reducing Corporate Criminal Liability Through Post-Offense Responses
Chapter 17: The Future of Corporate Criminal Law