Wednesday, August 26, 2009

Criminal Cartels: Individual Liability and Sentencing

Posted by D. Daniel Sokol

Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted Criminal Cartels: Individual Liability and Sentencing.

ABSTRACT: The liability rules and sentencing system that will apply to individual offenders under Australia's new criminal cartel regime are among the more important areas of cartel criminalisation that warrant scrutiny. Their importance is underscored by the risk of exposure to jail and the extensive array of investigative powers available to enforcement agencies. This paper reviews in detail the liability and sentencing rules that will apply to individuals under the Australian regime. It concludes those rules are neither simple nor satisfactory. The overall picture is one of complexity, ill-designed or outdated legislative provisions, uncertainty about the ultimate form of the cartel criminalisation legislation, and indeterminacy as to the sentences that will be imposed on cartel offenders.

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