Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Corporate Criminal Liability
The concept of corporate criminal liability in the United States is expansive; corporations can be held liable for the actions of a single employee or a small group of employees, even if those actions violate clear company policy. Nevertheless, for years, legal scholars, white-collar practitioners, and the mainstream media have proclaimed that government efforts to police corporate wrongdoing are failing. A parade of Department of Justice (DOJ) press releases detailing the resolution of criminal charges against one corporation after another tells a different story. In numerous recent cases, utilizing a combination of substantial fines, deferred prosecution agreements, regulatory settlements, and required institutional reforms and monitors ' remedies that may not be available as a consequence of an actual conviction ' the DOJ has exacted a steep toll on companies for their institutions' legal violations.
While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods. Some have argued that the government's increased reliance on deferred prosecution and non-prosecution settlement agreements is too soft a reaction to corporate wrongdoing and has resulted in “cookie-cutter” justice. Others believe corporations feel constrained to enter into these agreements rather than assert meritorious defenses in the face of potentially disastrous business consequences. Still others feel that the government's focus on settling with corporate entities has resulted in a failure to prosecute the individuals who actually engage in the criminal conduct.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.