Corporate Criminal Liability and Prevention
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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
Characteristics of Corporate Crime
Rationales for Corporate Criminal Liability
Corporate Criminal Liability Under Federal Law
Corporate Criminal Liability Based on Collective Knowledge and Action
Special Sources and Limitations of Corporate Criminal Liability Under Federal Law
Support for a Due Diligence Defense to Corporate Criminal Liability Under Federal Law
Corporate Criminal Liability Under State Laws
Corporate Sentences for Federal Offenses: An Introduction to the Organizational Sentencing Guidelines
Offense Severity Characteristics Determining Corporate Fines
Offender Culpability Characteristics Determining Corporate Fines
Adjusting Corporate Fines: Sentencing Discretion, Guideline Departures, and Fine Reductions
Beyond Fines: Innovative Corporate Sentences
Collateral Consequences of Corporate Crime
Preventing Corporate Criminal Liability with Law Compliance Programs
Constructing and Operating Compliance Programs
Reducing Corporate Criminal Liability Through Post-Offense Response
The Future of Corporate Criminal Law