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Research Handbook on Corporate Crime and Financial Misdealing

Edited by Jennifer Arlen, Norma Z. Paige Professor of Law and Director, Center for Law, Economics and Organizations, New York University School of Law, US
Jennifer Arlen brings together 13 original chapters by leading scholars that examine how to deter corporate misconduct through public enforcement and private interventions. Scholars from a variety of disciplines present both theoretical and empirical analyses of organizational and individual liability for corporate crime, liability for foreign corruption, securities fraud enforcement, compliance, corporate investigations, and whistleblowing. This Research Handbook also highlights promising avenues for future research.
Extent: c 416 pp
Hardback Price: $255.00 Web: $229.50
Publication Date: April 2018
ISBN: 978 1 78347 446 2
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  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Corporate Law and Governance
  • Criminal Law and Justice
  • Finance and Banking Law
  • Law and Economics
This highly topical Handbook examines how to deter corporate misconduct through public enforcement and private interventions. Contributors present theoretical and empirical analyses of individual and organizational liability for corporate misconduct, securities fraud and corruption. Other chapters evaluate private interventions, such as whistleblowing and compliance.

Chapters cover individual and organizational liability evaluate issues such as individual liability for corporate crime, deferred and non-prosecution agreements, supervisory liability, the cost to organizations of reputational damage from corporate settlements, corporate and individual liability for securities fraud, the SEC’s revolving door, multi-jurisdictional enforcement of anti-corruption laws, the scope of the Foreign Corrupt Practices Act, and countries’ efforts to deter corruption by state actors. Chapters on private interventions examine optimal compliance, behavioural compliance, the role of the general counsel, internal investigations and whistleblowing. This Research Handbook also highlights promising avenues for future research.

The Research Handbook on Corporate Crime and Financial Misdealing is designed to provide a broad introduction to the literature in each area covered, as well as in-depth original analysis on important issues of concern to legal researchers, policy-makers, and practitioners.
‘This wide-ranging collection of essays on corporate criminality reflects the marriage of law and the social sciences at its best. At every stage, the discussion in individual chapters is admirably focused. The contributors to this book are at the forefront of this multi-disciplinary field. Professor Jennifer Arlen’s introduction provides a unifying perspective and a welcome degree of continuity throughout the book.’
– Reinier Kraakman, Harvard Law School, US

‘The Research Handbook on Corporate Crime and Financial Misdealing is the new reference work for what is known about corporate crime deterrence. Simply put, this is what happens when you assemble contributions from the leading scholars of corporate crime and the corporate criminal law, and they deliver. The Handbook is an indispensable resource for academics across a wide range of methods and disciplines, policy makers, private-sector practitioners, and government functionaries.’
– William S. Laufer, University of Pennsylvania, US

‘In this impressive volume, Jennifer Arlen brings together a diverse team of corporate crime scholars to tackle critical issues and unresolved puzzles in the enforcement area—the salience of which are even greater as we move into a new era of deregulation. Some of the answers may surprise you but the journey to get there is wide-ranging, illuminating, and empirically informed. This is essential reading for those who want to prevent and control corporate crime.’
– Sally S. Simpson, University of Maryland, US
Contributors include: C.R. Alexander, J. Arlen, M.H. Baer, S.W. Buell, S.J. Choi, K.E. Davis, D. Freeman Engstrom, B.L. Garrett, J. Helgand, V. Khanna, M.l Klausner, D.C. Langevoort, G.P. Miller Stuyvesant, A.C. Pritchard, S. Rose-Ackerman, T. Søreide, M.C. Stephenson, T.R. Tyler
Contents:

Introduction
Jennifer Arlen

Part I: Corporate and Individual Liability for Corporate Misconduct
1. Psychology and the Deterrence of Corporate Crime
Tom R. Tyler

2. Individual and Corporate Criminals
Brandon L. Garrett

3. Criminally Bad Management
Samuel W. Buell

4. Does Conviction Matter? The Reputational and Collateral Consequences of Corporate Crime
Cindy R. Alexander and Jennifer Arlen

5. Multijurisdictional Enforcement Games: The Case of Anti-Bribery Law
Kevin E. Davis

Part II: Public Enforcement of Public Corruption and Securities Fraud
6. Beware Blowback: How Attempts to Strengthen FCPA Deterrence Could Narrow the Statute’s Scope
Matthew C. Stephenson

7. Corruption in State Administration
Tina Søreide and Susan Rose-Ackerman

8. Securities Law and Its Enforcers
Stephen J. Choi and Adam C. Pritchard

9. Corporate and Individual Liability in SEC Enforcement Actions
Michael Klausner and Jason Helgand

Part III: Role of Private Actors: Compliance, Corporate Investigations, and Whistleblowing
10. An Economic Analysis of Effective Compliance Programs
Geoffrey P. Miller

11. Behavioral Ethics, Behavioral Compliance
Donald C. Langevoort

12. An Analysis of Internal Governance and the Role of The General Counsel in Reducing Corporate Crime
Vikramaditya Khanna

13. When the Corporation Investigates Itself
Miriam H. Baer

14. Bounty Regimes
David Freeman Engstrom

Index