Overview

The Business of Prosecuting Businesses for Bribery and Corruption examines the evolving legal and ethical battlegrounds in holding corporations accountable for transnational misconduct. This anthology synthesizes decades of legal scholarship and practical insights to map the seismic shifts in global anti-corruption enforcement-from the nascent regulatory frameworks of the 1980s to today's complex, interconnected enforcement landscape. Key Themes Explored: Historical Evolution: Traces the development of corporate criminal liability, from early resistance to recognizing legal entities as perpetrators of international crimes to modern debates over amendments to the Rome Statute and the Malabo Protocol. Prosecutorial Frameworks: Analyzes the U.S. Principles of Federal Prosecution, the Crown Prosecutors' Code, and international guidelines, revealing tensions between deterrence-driven policies and the practical challenges of proving corporate intent. Case Studies and Tools: Investigate high-profile prosecutions (e.g., Siemens, Wal-Mart) and evaluate tools like deferred prosecution agreements (DPAs), whistleblower programs, and judicial oversight, underscoring their impact on corporate behavior. Global Accountability Gaps: Highlights the limitations of current systems, including the ICC's inability to prosecute corporations and the reliance on domestic courts to fill voids in international law. Ethical Dilemmas: Confronts the moral complexities of balancing economic interests with justice, particularly in cases involving multinational corporations operating in politically unstable regions. Why This Book Matters: As corporations wield unprecedented global influence, this anthology bridges theory and practice, offering prosecutors, policymakers, and scholars actionable insights into closing accountability gaps. It argues for non-derivative liability models that target corporate culture over individual culpability and advocates for reforms that empower national and international tribunals.

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9789999324922

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