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About Crime, Incorporated
Today, whether prosecuting or defending, the approach to understanding organizational crime has become more difficult because of the increased multi-organizational character of corporate crime. Crime, Incorporated: Legal and Financial Implications of Corporate Misconduct, provides a complete re-examination of how traditional legal rules and their application given how corporate crime has changed in the last decade.
The focus is on organizational and corporate crime, as today the higher impact crimes have become organizational in nature. Crime, Incorporated describes corporate crimes in the context of traditional legal principles governing prosecution and defense of white collar crime, but also provides insight into some of the nuts and bolts of the financial and accounting schemes utilized to achieve unlawful results and the business motivations fueling entity criminal behavior.
Crime, Incorporated includes information on the Sarbanes-Oxley Act (SOX) and the new congressional vision for corporate governance; the theory of entity liability and the collective entity doctrine; the statutory tools used to prosecute organizational crimes and differing mens rea requirements, including recent developments in the case law. In addition, you'll find complete information on the application of constitutional amendments to corporations; work product privilege; attorney-client privilege for corporate management; the 2008 DOJ rules governing discoverability; corporate plea agreements; tax consequences; organizational crime from a global perspective; and much, much more. The final chapter includes a post-Enron examination of new and proposed legislation with a focus on increased regulation in the field. If you are involved in corporate crime, this is one book you must add you your library.