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Originally published 22 December 2009
Keywords: BGH, public law, fraud, board member, corporate duty, criminal law
A Compliance Officer's Responsi...
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... the negative impacts of transnational companies proliferated. Publications by international human ... "important elements such as the joint liability of the parent companies for the acts of suppliers,... responsibility of the directors in criminal cases such as complicity in the killing of politic...
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... Bank involved secondary,not primary, liability. Post, at 4 (opinion of BREYER, J.). But for Cen... requirements on "investment companies"). The SEC hasrecorded that Janus Investment Fun...See, e.g., 2 W. LaFave,Substantive Criminal Law §13.1(a) (2d ed. 2003); 1 M.Hale, Pleas of th...
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...companies and their representatives. . One reason for the la...It did not extend liability to foreign companies, subsidiaries, or nationals. ... increase in the number of individual criminal indictments of company representatives, with nearl...
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... with its present and former parent companies, among other things, to pay $579 million in crimin... the optimality of various corporate liability legal regimes, particularly in regards to monitori...
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Companies doing business in the People's Republic of China (..."PRC") have yet another path to potential criminal liability. On February 25, 2011, the PRC legislatu...
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This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... were deceptive in light of the companies' subsequent failures or near failures.19 Understan...
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... for conduct that does not invoke civil liability risks disrupting the current scheme of securities ... actors from advising less established companies. Further, the broader criminal statutes may shift ...
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... higher penalties under deferred criminal prosecution agreements. . OFAC's Economic Sanction... guidance, outline compliance measures companies can implement to protect against violations, as we... government imposed criminal and civil liability on Credit Suisse for willfully violating OFAC's sa...
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...Criminal liability is stipulated in article 322 of the Comm...