1st Edition
Corporate Criminal Liability and Sanctions Current Trends and Policy Changes
This edited collection sheds light on the evolution of corporate financial crime, exploring a myriad of offenses ranging from money laundering and fraud to market manipulation and bribery.
Considering and assessing the models used in national law to determine the culpability of corporations, this book compares the different schemes used to address financial and other organisational crimes committed by same. Through a combination of history, law, and global perspectives, its chapters dissect landmark cases and provide detailed analyses of money laundering, fraud, market manipulation, manslaughter, and legislative responses in various locations around the world. This comparative approach offers a unique lens, exploring diverse jurisdictions and shedding light on global patterns of corporate wrongdoing. By critically assessing the challenges of prosecuting economic crimes on a large scale, the collection proposes innovative solutions, including the introduction of 'failure to prevent' offences.
Corporate Criminal Liability and Sanctions: Current Trends and Policy Changes is a valuable resource for academics, professionals, and anyone intrigued by the ever-evolving realm of white-collar and corporate wrongdoing. It will appeal to scholars across the fields of law, criminology, sociology, and economics, as well as those professionally engaged in corruption and regulation such as solicitors, barristers, businessmen and public servants.
Introduction
Michala Meiselles, Nicholas Ryder, and Arianna Visconti
1. Corporate Compliance Choices in the Italian Legal System: Organisational Models and Internal Investigations
Simone Lonati
2. Too Big to Convict? Lessons from Canada’s Statutory Diversion Regime and a Political Scandal
Darcy L. MacPherson
3. Corporate Manslaughter and Corporate Violence Victims’ Rights in Italy: A Long and Winding Road
Arianna Visconti
4. Corporate Criminal Liability – Lessons from Two Different Nordic Solutions
Gustaf Almkvist
5. Criminal Finances Act 2017: Unexplained Wealth Orders
Monika Baronak-Atkins
6. “Too Big to Fail, Too Big to Jail?” A Critical Comparative Commentary on the Enforcement of Corporate Economic Crime in the US and the UK
Amber Egan
7. What Lessons Can Be Learnt from America’s Use of Competition Law in the Enforcement of Financial Crime?
Diana Johnson
8. Strengthening International Law Enforcement Cooperation – INTERPOL and Its Global Fight against Economic and Financial Crime
Kanae Kanki and Alexander Resch
9. Institutional and Substantive Responses to Economic and Transnational Organised Crime: An African Regional Perspective
Gerhard Kemp
10. Criminal Liability for Breach of Fiduciary Duties within the Financial Market – Renaissance of Broadly Worded Catch-All Provisions?
Irene Kull and Marko Kairjak
Biography
Michala Meiselles is Senior Law Lecturer at Derby University’s Law School and an UNESCO Consultant on education and law.
Nicholas Ryder is a Professor of Financial Crime at Cardiff University’s School of Law and Politics.
Arianna Visconti is Associate Professor of Business Criminal Law and Law & the Arts in the Università Cattolica del Sacro Cuore (Milan).
"States have tried to solve the challenges of corporate involvement in crime in different ways. Corporate Criminal Liability and Sanctions fills a gap in the literature with a thought-provoking tour through some of these struggles and the solutions that states have adopted to resolve them."
Neil Boister, Professor of Law, University of Canterbury, New Zealand
"Corporate Criminal Liability and Sanctions points to a simple truth: the ability of lawmakers to adequately address and effectively punish corporations for criminal acts and omissions depends on their ability, not only to innovate and pre-empt, but also to look to other jurisdictions for examples of good practice. This edited collection of chapters takes the reader through the key models used to address the culpability of corporations, and illustrates the arguments with a thoughtful use of contemporary research and case studies from across the world."
Professor Mark Button, Co-Director of the Centre for Cybercrime and Economic Crime, University of Portsmouth, UK
"On the modern landscape, the intersection of corporations and financial, or economic, crime remains relatively unexplored terrain. Through comparative investigations, analysis of new tools ranging from forfeiture to remediation agreements, and interspersed with rich theory, this new work deftly pries open a key window onto the relationship between corporate structures and financial crime, offering a distinct, fresh, insightful and at times evocative perspective on matters that ought to be of great concern to all."
Michelle Gallant Ph.D, Professor, Faculty of Law University of Manitoba, Canada
"Corporate Criminal Liability and Sanctions is a useful instrument for understanding a complex subject. This edited collection presents various models of corporate culpability in domestic law from many jurisdictions worldwide, followed by a comparison of different schemes for dealing with corporate crimes. The book offers new perspectives, with implications for both scholars and practitioners."
Enrico Basile, Assistant Professor of Criminal Law and White-Collar Crime, Università Bocconi, Milano, Italy
