Corporate Misconduct: The Legal, Societal, and Management Issues

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

behavior in differing and sometimes contradictory respects. In the short run corporations will not be able to rationally evaluate their exposure under the guidelines. They can neither price the cost of full compliance nor estimate the size of the fine until they observe how courts apply the guidelines in practice. This uncertainty is attributable to the guidelines' complex structure and to the lack of clarity in the provisions themselves. To the extent that these guidelines prove to be unworkable in practice the commission may be compelled to redefine or modify certain provisions. In the main, however, the guidelines are not likely to be changed much in the immediate future. We must, therefore, understand them as best we can to adjust our strategies and expectations in this new age of corporate sentencing.


NOTES
1.
The Sentencing Commission was established pursuant to the Sentencing Reform Act, Chapter II of the Comprehensive Crime Control Act of 1984, Pub. L. No. 98-473,98 Stat. 1837 ( 1984) (codified in 18 U.S.C. §§3551-3742) ( 1987).
2.
"Developments in the Law -- Corporate Crime: Regulating Corporate Behavior Through Criminal Sanctions," Harvard Law Review 92 ( 1979): 1227, 1250.
3.
See U.S. Sentencing Commission, Supplementary Report on Sentencing Guidelines for Organizations 5 ( 1991) ("Supplementary Report").
4.
Introductory Commentary to Chapter 8 -- Sentencing of Organizations, 18 U.S.C. App. 4 ( 1984).
5.
18 U.S.C. app. § 8C1.1, as amended ( 1994).
6.
18 U.S.C. app. § 8C3.3 ( 1994).
7.
18 U.S.C. app. § 8C2.2(b) ( 1994).
8.
18 U.S.C. app. § 8A1.1, commentary at n.1 ( 1994).
9.
18 U.S.C. app. § 8C2 ( 1994).
10.
18 U.S.C. app. § 8C2. 5(b)-(d) ( 1994).
11.
18 U.S.C. app. § 8A1.2 commentary at n.3 ( 1994).
12.
18 U.S.C. app. § 8C2.5(c) ( 1994).
13.
18 U.S.C. app. § 8C2.5(d) ( 1994).
14.
18 U.S.C. § 3553(b) ( 1988).
15.
18 U.S.C. app. § 8D1.1 ( 1994).
16.
18 U.S.C. app. § 8D13(b) ( 1994).
17.
18 U.S.C. app. § 8D1.4 ( 1994).
18.
18 U.S.C. app. § 8B1.3 ( 1994).

-69-

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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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