Monitorships are a common part of the suite of sanctions for corporate misconduct. Prosecutors show an increasing interest in actively reforming corporate criminals and seem to favor using monitors for the job. Judges, too, can and do impose sentences that involve monitor-directed reform. The...

This article offers an overview of and commentary on the US approach to corporate prosecution and punishment. Though the United States purports to have a vigorous system of corporate criminal law enforcement, one could reasonably ask whether that system actually takes corporate crime seriously....

When a multinational corporation files for bankruptcy, which nation has jurisdiction over the proceedings and which nation's law applies? There is no clear international norm governing the issue, so parties and states are left to inefficient and unpredictable jockeying for authority and...

This short paper proposes abandoning the corporate criminal fine and exclusively punishing criminal corporations by reforming them. Fining corporations is not an effective way to prevent corporate misconduct. Corporate fines cannot reliably deter at the entity level because corporations faced...

Traditionally, scholars conceive of corporate punishment in terms of deterrence and retribution. But neither of those theories makes intuitive sense for corporations. The concept of just deserts for corporations--needed by retributivists--has proven elusive. And corporate fines--the tool of...

It is hard to overstate the impact that white collar crime has on the United States. According to recent estimates from the Federal Bureau of Investigations, the annual economic loss attributable to white collar crime is at least twenty times greater than the economic loss attributable to every...

Securities fraud encompasses a wide range of crimes. For example, if a company makes material misstatements or omissions about the company in public documents, then the company and its agents may be liable for defrauding investors in that company. Such fraud has been alleged in a number of...

Can you name 10 corporate criminals? Bernie Madoff, Martha Steward, and Jeff Skilling don’t count – they are individuals, not businesses. How about just five? Three? It’s surprising the task should be so difficult. Corporate crime inflicts upwards of 20 times more economic damage each year...

Corporate criminal law needs a marketing makeover. In the public relations frenzy that follows a corporate criminal investigation, authorities are outgunned and outmaneuvered. Judging by the pastiche of '90s era design choices on the website the Department of Justice uses to announce corporate...

Corporate punishment has a branding problem. Criminal sanctions should call out wrongdoing and condemn wrongdoers. In a world where generic corporate misconduct is a daily affair, conviction singles out truly contemptible practices from merely sharp, unproductive, or undesirable ones. In this...