Tuesday, July 3, 2012
Lisa Kern Griffin (Duke University - School of Law) has posted Inside-Out Enforcement (PROSECUTORS IN THE BOARDROOM: USING CRIMINAL LAW TO REGULATE CORPORATE CONDUCT, p. 110, Anthony S. Barkow, Rachel E. Barkow, eds., NYU Press, April 2011) on SSRN. Here is the abstract:
This chapter for a volume on "Prosecutors in the Boardroom" explores the collaboration between public criminal enforcers and private corporate actors, and some costs and benefits of those partnerships. When the government outsources investigative functions in corporate fraud cases -- such as employee interviews, forensic accounting, and compliance monitoring -- the boundaries between public and private roles can blur. There are advantages to that strategy given resource constraints and the complexity of corporate criminal investigations, but it also tends to exacerbate the piecemeal nature of enforcement. Furthermore, reliance on the private sector imports one of the most problematic features of regulatory relationships into criminal adjudication: the potential for self-dealing.