If “corporations are people too,” why isn’t anyone in jail?
A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal.
In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today
At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators.
Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations.
An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
White-collar criminals have been busy, and the Second Edition of this encyclopedia captures what has been going on in the news and behind the scenes with new articles and updates to past articles.
The Encyclopedia of White-Collar & Corporate Crime is edited to incorporate information about a variety of white-collar crimes, and provides examples of persons, statutes, companies, and convictions. Each entry offers a thorough and thoughtful summary of the topic. Rather than a simple definition, users are given a satisfying and sophisticated synopsis with references for further study.
Articles consider all aspects of white-collar and corporate crime, including:
* Law: describes specific elements of corporate law and the various illegal acts to which they apply
* Individuals: brief biographical sketches, primarily focused on how they relate to the study of white-collar crime
* Events: criminal events include descriptions of specific cases of white-collar crime, both past and current
The Encyclopedia was developed primarily for college, public, and high school libraries. Post-graduate academics, law firms, and corporations will also find this a valuable addition to their libraries.
* Business Fraud & Crimes
* Countries & Regions
* Criminology & Justice
* Financial & Securities Fraud
* Medical & Healthcare Fraud
* Political Scandals
* Scams & Swindles
* Work-Related Crimes
* Two volumes and over 500 entries
* Each entry contains cross-references and a detailed bibliography
* Reader′s Guide groups entries by broad topic areas
* First comprehensive reference on white-collar crime
* Comprehensive chronology of events pertaining to corporate and white-collar crime
With this third edition, Benson and Simpson have added substantive online teaching materials and expanded their coverage with up-to-date case studies and discussions of recent investigations into white-collar crime and control. These timely updates reaffirm this accessible and rigorous book as a core resource for courses on white-collar crime.
Explores a range of crimes
Following an overview of the economic cost of crime, the book examines different types of offenses with a financial element, ranging from arson to tax evasion. It explores offshore activities and the means criminals use to hide their ill-gotten gains. The author provides a thorough review of evidentiary rules as well as the protocol involved in search warrants. He examines the two modalities used to prove financial crime: the Net Worth Method and the Expenditure Theory, and presents an example scenario based on real-life incidents.
Organized crime and consumer fraud
Additional topics include organized crime and money laundering — with profiles of the most nefarious cartels — consumer and business fraud and the different schemes that befall the unwary, computer crimes, and issues surrounding banking and finance. The book also presents focused and concrete advice on trial preparation and specific accounting and audit techniques.
New chapters in the third edition
New material enhances this third edition, including new chapters on investigative interview analysis and document examination, as well as advice for fraud examiners working on private cases, including the preparation of an engagement letter.