Practical Guidance
Time-saving Solutions
Knowledgeable Insights

Corporate Criminal Liability and Prevention

By Richard S. Gruner
Publisher: ALM
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ISBN: 9781588521255
Publisher: ALM
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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 Departures, 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 Response



CHAPTER 17

The Future of Corporate Criminal Law



Index