Download or read book When Does Corporate Criminal Liability for Insider Trading Make Sense written by John P. Anderson and published by . This book was released on 2017 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporations are subject to broad criminal liability for the insider trading of their employees. Critics have noted that this results in a harsh irony. “After all,” Professor Jonathan Macey argues, “it is generally the employer who is harmed by the insider trading.” In the same vein, former chairman of the Securities and Exchange Commission (SEC) Harvey L. Pitt and Karen L. Shapiro point out that, “[f]ar from being responsible for their employees' violations of the law...most of the employers who have had the unfortunate experience of employing [insider traders] are in fact the only true victims, in an otherwise victimless crime.” It is clear that not all insider trading is victimless, and not all employers of insider traders are innocent. But I am convinced that these critics are correct to point out that the current enforcement regime is absurdly overbroad in that it affords no principled guarantee to corporate victims of insider trading that they will not be indicted for the crimes perpetrated against them.The law should be reformed to insure that corporations are only held criminally liable where they are guilty of some wrongdoing. Section I of this Article outlines current law in the United States concerning corporate criminal liability in general. Section II then looks at corporate liability for insider trading under the current regime. Section III explains why the current regime is absurdly overbroad and in dire need of reform. Section IV then points the way to some reforms that would render corporate criminal liability for insider trading more rational, efficient, and just.
Download or read book Corporate Liability for Insider Trading written by Juliette Overland and published by Routledge. This book was released on 2019-03-05 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation – security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest – are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime
Download or read book Federal Criminal Liability for Insider Trading of Securities written by Association of the Bar of the City of New York. Committee on Criminal Law and published by . This book was released on 1986 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Not Holding Firms Criminally Responsible for the Reckless Insider Trading of Their Employees written by Joan MacLeod Heminway and published by . This book was released on 2017 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal enforcement of the insider trading prohibitions under Section 10(b) and Rule 10b-5 is the root of corporate criminal liability for insider trading in the United States. In the wake of assertions that S.A.C. Capital Advisors, L.P. actively encouraged the unlawful use of material nonpublic information in the conduct of its business, the line between employer and employee criminal liability for insider trading becomes both tenuous and salient. An essential question emerges: when do we criminally prosecute the firm for the unlawful conduct of its employees? The possibility that reckless employee conduct may result in the employer's willful violation of Section 10(b) and Rule 10b-5 (and, therefore, criminal liability for that employer firm) motivates this article. The article first reviews the basis for criminal enforcement of the insider trading prohibitions established in Section 10(b) and Rule 10b-5 and describes the basis and rationale for corporate criminal liability (a liability that derives from the activities of agents undertaken in the course of the firm's business). Then, it reflects on that basis and rationale by identifying the potential for corporate criminal liability for the reckless insider trading violations of employees under Section 10(b) and Rule 10b-5, arguing against that liability, and suggesting ways to eliminate it.
Download or read book Corporate Criminal Liability written by Kathleen F. Brickey and published by . This book was released on 1991 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book Capital Offenses Business Crime and Punishment in America s Corporate Age written by Samuel W. Buell and published by W. W. Norton & Company. This book was released on 2016-08-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the lead prosecutor on the Enron investigation, an eye-opening examination of the explosion of American white-collar crime. If “corporations are people too,” why isn’t anyone in jail? A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal. In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators. Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations. An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Too Big to Jail written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2014-11-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.
Download or read book Insider Trading written by John P. Anderson and published by Cambridge University Press. This book was released on 2018-06-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: As long as insider trading has existed, people have been fixated on it. Newspapers give it front page coverage. Cult movies romanticize it. Politicians make or break careers by pillorying, enforcing, and sometimes engaging in it. But, oddly, no one seems to know what's really wrong with insider trading, or - because Congress has never defined it - exactly what it is. This confluence of vehemence and confusion has led to a dysfunctional enforcement regime in the United States that runs counter to its stated goals of efficiency and fairness. In this illuminating book, John P. Anderson summarizes the current state of insider trading law in the US and around the globe. After engaging in a thorough analysis of the practice of insider trading from the normative standpoints of economic efficiency, moral right and wrong, and virtue theory, he offers concrete proposals for much-needed reform.
Download or read book Insider Trading written by William K. S. Wang and published by . This book was released on 2005 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to avoiding insider trading liability. It gives you the legal knowledge and practical tools you need to determine what's legal, what's not, and what you can do to minimise liability exposure.
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Legal Compliance Handbook written by Theodore L. Banks and published by Wolters Kluwer. This book was released on 2010-09-17 with total page 1812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Compliance has changedand—stricter guidelines now impose criminal penalties for activities that were previously considered legal. The and“business judgmentand” rule that protected the decisions of officers and directors has been severely eroded. The Corporate Federal Sentencing Guidelines of the U.S. Sentencing Commission require an effective compliance program, but even if you follow their requirements to the letter, you wonand’t really know if your compliance program works or if you have created a corporate culture that supports compliance. Now, with the completely updated Second Edition of Corporate Legal Compliance Handbook, youand’ll have help in creating a complete compliance system that complies with federal regulations and meets your specific corporate needs. Unlike the complicated or incomplete resources available today, Corporate Legal Compliance Handbook, Second Edition provides explanatory text and background material in two convenient formats: print and electronic. The accompanying CD-ROM contains reference materials, forms, sample training materials and other items to support program development. Corporate Legal Compliance Handbook, Second Edition gives you a unique combination: the essentials of the key laws your corporation must address, specific compliance regulations, and practical insights into designing, implementing, and managing an effectiveand—and efficientand—legal compliance program. It will help you identify the risks your company faces, and devise a system to address those risks. It will help you create a targeted compliance program by examining the risks attached to job descriptions, creating the appropriate corporate policies, establishing control programs, communicating effectively, and testing the effectiveness of your program. Corporate Legal Compliance Handbook, Second Edition will show you: How to ensure that your company establishes an effective compliance program How to master practical risk assessment tools How to identify any special risks posed by you clientand’s type of business How to make sure that each employee involved in a business process understands his or her individual responsibility in the companyand’s legal compliance program
Download or read book Insider Trading and the Stock Market written by Henry G. Manne and published by . This book was released on 1966 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Crime and Punishment written by John C. Coffee and published by Berrett-Koehler Publishers. This book was released on 2020-08-04 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester
Download or read book Insider Trading written by Jonathan R. Macey and published by American Enterprise Institute. This book was released on 1991 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents different perspectives that explain the prohibition of insider trading and the way it affects various aspects of life on the stock market.
Download or read book Economic Policy and the Regulation of Corporate Securities written by Henry G. Manne and published by . This book was released on 1969 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
