Corporate Misconduct: The Legal, Societal, and Management Issues

By Margaret P. Spencer; Ronald R. Sims | Go to book overview

3
Corporate Criminal Liability

Ronald L. Dixon

Legislation enacted since 1984 significantly expanded the federal statutory boundaries of corporate criminal liability. The line between corporate criminal liability, corporate fraud, and corporate misconduct -- civil or administrative -- is now blurred. This criminal legislation can be categorized into four general areas -- statutes affecting all businesses, statutes affecting government contractors, statutes affecting the financial services industries, and statutes affecting the securities industry.

This chapter will provide a brief overview of federal corporate criminal liability in each of these four areas. The discussion of federal criminal offenses includes a description of several statutes that have been the basis of the majority of criminal prosecutions against corporations and their executives. This material answers what types of federal crimes can be committed by corporations, corporate officers, and directors and why the corporation should be criminally or civilly liable for its conduct and for the conduct of its officers and directors.


CRIMINAL STATUTES AFFECTING ALL CORPORATIONS

Two major criminal statutes that address corporate misconduct generally are the Comprehensive Crime Control Act of 19841 and the

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Corporate Misconduct: The Legal, Societal, and Management Issues
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • Acknowledgments xiii
  • 1 - Understanding Corporate Misconduct: an Overview and Discussion 1
  • Notes 20
  • 2 - A Look at Corporate Crime 23
  • Notes 38
  • 3 - Corporate Criminal Liability 41
  • Notes 53
  • 4 - Corporate Sentencing Guidelines 57
  • Notes 69
  • 5 - The Regulator's Perspective on Corporate Fraud 71
  • Notes 93
  • 6 - Corporate Fraud and the Investor 95
  • Notes 107
  • 7 - Corporate Fraud: the Employee's Perspective 109
  • Notes 122
  • 8 - Hacking, Computer Viruses, and Software Piracy: the Implications of Modern Computer Fraud for Corporations 125
  • Notes 146
  • 9 - Corporate Fraud in Marketing: Business Practices and Advertising Content 149
  • Notes 161
  • 10 - Corporate Codes of Conduct 165
  • Notes 179
  • 11 - Countering Corporate Misconduct: the Role of Human Resource Management 183
  • Notes 207
  • Index 209
  • About the Contributors 213
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