Compliance, Enforcement, and Risk Management Posts
Corporate Criminal Enforcement in the United States: Using Negotiated Settlements to Turn Potential Corporate Criminals into Corporate CopsJennifer H. Arlen
Corporate criminal enforcement in the United States differs from other countries in three ways. First, the United States can impose criminal liability on corporations in a broader range of cases than other countries. Second, almost all corporate criminal resolutions involving large firms take the form of negotiated settlements. Third, the United States grants prosecutors both more choices and more discretion when resolving criminal cases: prosecutors can enter into guilty pleas or pre-trial diversion agreements (deferred and non-prosecution agreements).
A Personality Theory of Sophisticated Investor Decision-Making (In the 2008 Financial Crisis), with Some Policy ImplicationsClaire A. Hill
This paper argues that a nuanced view of sophisticated investors, as well as sellers and structurers of financial instruments, articulated within a rationality paradigm, has implications for financial regulation.
This paper begins a larger project – to develop a principled basis for characterizing what does and does not constitute bad corporate behavior.