Corporate Misconduct: The Legal, Societal, and Management Issues

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

weapons to fight corporate crime. These laws subject each corporation, its officers, and its employees to potential criminal liability. Once a violation occurs the government usually has no difficulty proving that both the corporation and its employees committed the offense. No corporation should be unaware of these statutes or of the theories upon which criminal liability can be established. Corporations must realize that no one is immune from criminal liability, and corporate practices must reflect this fact.


NOTES
1.
Act of Oct. 12, 1984, Pub. L. No. 98-473, Tide II, 98 Stat. 1976 ( 1984) (codified in numerous sections of Title 18).
2.
Pub. L. No. 98-596, 98 Stat. 3134 ( 1984) (codified in numerous sections of Title 18).
3.
For example, 18 U.S.C. § 666 ( 1990) addresses embezzlement and bribery by private businesses that receive federal funds, and agents of state and local governments. Other provisions also affect corporations: 18 U.S.C. § 215 ( 1990) prohibits bank officers, directors, and employees from receiving or soliciting bribes and penalizes persons offering such bribes. 18 U.S.C. § 1345 ( 1990) authorizes injunctive or other equitable relief if the mail, wire, or bank fraud statutes are involved; 18 U.S.C. § 1344 ( 1989) expanded the definition of frauds on a federally insured institution. (A 1990 amendment increased the 20 year term of imprisonment to 30 years).
4.
18 U.S.C. § 1344 ( 1990).
5.
The act authorizes a maximum fine of either the largest fine set forth in the law defining the crime or an amount equal to twice the gross gain derived from or twice the gross loss caused by the offense, or $250,000 for individuals and $500,000 for corporations. The act also requires installment fines to include accrued interest and to be subject to a 25 percent penalty if paid late. A new crime of willful failure to pay a prior fine was also set forth in the act.
6.
The act also prohibits officials of financial institutions from requesting or receiving anything of value in connection with any transaction of business of the institution. See 18 U.S.C. § 215 ( 1990), and the Bank Bribery Amendments Act, Pub. L. 99-370 ( Aug. 4, 1986).
7.
Pub. L. No. 101-647,104 Stat. 4789 ( 1990).
8.
28 U.S.C. §§ 3001-3308 ( 1990).
9.
18 U.S.C. § 1961 ( 1990) et seq.
10.
21 U.S.C. § 848 ( 1988).
11.
18 U.S.C. § 1962(a)-(c) ( 1988).
12.
18 U.S.C. § 1962(d) ( 1988).
13.
18 U.S.C. §§ 1341, 1343 ( 1988).
14.
18 U.S.C. §§ 1503, 1510, 1512 ( 1988).
15.
15 U.S.C. § 1-7 ( 1990).
16.
18 U.S.C. § 1952(a)(3), (b) ( 1988).
17.
18 U.S.C. § 2314 ( 1990).
18.
26 U.S.C. §§ 7201-7216 ( 1988).

-53-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
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
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 218

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.