Cover
Title Page
Copyright
Preface
Contents
Figures and Table
Summary
Acknowledgments
Abbreviations
Chapter One: Introduction
Overview of Corporate Criminal Liability
Research Questions
Research Approach and Sources of Data
Organization of This Report
Chapter Two: How Did Criminal Law Come to Be Applied to Corporate Behavior, and What Lessons Can We Draw from That History?
Emergence of Corporate Criminal Liability
The Development of Vicarious Criminal Liability
Diminishing Relevance of Criminal Intent
Conclusion
Chapter Three: Recent History: A Shift to Reforming Corporations from Within
The Traditional Approach: Prosecuting the Corporation, Not Individuals
Guidelines Era: The Start of Structural Reforms
The Rise of the Nonprosecution Agreement
Conclusion
Overall Trend: Declining Prosecutions
Differences in the Enforcement of Civil and Criminal Law
Deferred Prosecution Agreements and Nonprosecution Agreements
White-Collar Offenses
Important Exceptions: Sarbanes-Oxley and Foreign Corrupt Practices Act
Summary
Chapter Five: Conclusions and Policy Implications
What Lessons Can We Draw for Policymakers?
References