Trapped: When Acting Ethically is Against the LawCato Institute, 2006 - 119 páginas Since Enron's collapse in 2002, the federal government has stepped up its campaign against white-collar crime. In this timely book, John Hasnas reveals how the government's effort to enforce legal rules has created a Catch-22 legal environment in which businesspeople must either act unethically or illegally. |
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actions agents Arthur Andersen attorney-client privilege behavior businesspeople campaign against white-collar Cato Institute charged collar crime committed company's conviction corporate counsel corporate criminal responsibility corporation's Court criminal activity criminal conduct criminal investigation criminal offenses Currency Transaction Reporting deceptive defendant dishonest effective compliance program efforts Endrun engaged Enron ensure ethical obligations evidence false statements federal prosecutors Federal Sentencing Guidelines Fifth Amendment firm guilty ImClone individual insider trading intent law enforcement law of white-collar mail fraud statute ment money laundering morally negligence obstruction of justice organization's employees organizational justice Organizational Sentencing Guidelines penalties potential presumption of innocence principle of legality prohibited promise of confidentiality prosecution protect rea requirement reasonable doubt regulatory scheme or artifice secondary offenses self-assessment Stakeholder Theory stakeholders Stewart substantive supra chapter supra note Thompson Memorandum tion traditional criminal law trust Tudor United vicarious criminal liability violate white-collar crime wire fraud wrongdoing
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Página 17 - Dorsen & Rezneck, In Re Gault and the Future of Juvenile Law, 1 Family Law Quarterly, No. 4, pp. 1, 26 (1967). Moreover, use of the reasonable-doubt standard is indispensable to command the respect and confidence of the community in applications of the criminal law. It is critical that the moral force of the criminal law not be diluted by a standard of proof that leaves people in doubt whether innocent men are being condemned. It is also important in our free society that every individual going about...
Página 34 - Nation and its citizens ; and (5) organized crime continues to grow because of defects in the evidence-gathering process of the law inhibiting the development of the legally admissible evidence necessary to bring criminal and other sanctions or remedies to bear on the unlawful activities of those engaged in organized crime and because the sanctions and remedies available to the Government are unnecessarily limited in scope and impact.
Página 66 - The organization must have used due care not to delegate substantial discretionary authority to individuals whom the organization knew, or should have known through the exercise of due diligence, had a propensity to engage in illegal activities.
Página 97 - This concept is not intended to be definitive, but merely to call attention to crimes which are not ordinarily included within the scope of criminology. White collar crime may be defined approximately as a crime committed by a person of respectability and high social status in the course of his occupation.
Página 104 - Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
Página 28 - The greater portion of evidence of wrongdoing by an organization or its representatives is usually to be found in the official records and documents of that organization. Were the cloak of the privilege to be thrown around these impersonal records and documents, effective enforcement of many federal and state laws would be impossible.
Página 32 - To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading...
Página 71 - The narrow scope given the attorney-client privilege by the court below not only makes it difficult for corporate attorneys to formulate sound advice when their client is faced with a specific legal problem but also threatens to limit the valuable efforts of corporate counsel to ensure their client's compliance with the law. In light of the vast and complicated array of regulatory legislation confronting the modern corporation, corporations, unlike most individuals, "constantly go to lawyers to find...