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Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs.

The current study is an in-depth qualitative analysis that explores judicial actors’ and white-collar crime scholars’ opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus.

An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not “black or white,” stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that “DPAs are another essential arrow in a prosecutor’s quiver – and something a defense attorney can bargain for” (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that “DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity” (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: “Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider” (Respondent 21). Another respondent highlighted that “DPAs are the only tool available that can be employed to change an entire organization structurally” (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that “DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon” (Respondent 17). Another government official confirmed this statement, indicating that “DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business” (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that “the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness” (Respondent 12). Another academic who was previously a government official stated: “DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient.”

Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants.

Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA.

Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements’ potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements.

In marketing research, it is widely acknowledged that customer engagement leads to higher reputation, lower costs and increased revenues for firms. However, there are still open questions on how sport sponsorship can drive customer engagement. It is hypothesized that sponsors' activations correlate with customer engagement toward the sponsor. Specifically, the roles of sponsorship authenticity and attitudes toward the sponsor have received little attention in this context. Accordingly, this study aims to test the effects of sponsors' activations on customer engagement disposition (CED) and customer engagement behavior (CEB) by considering the roles of sponsorship authenticity and attitudes toward the sponsor.

An online experiment with a factorial between-subjects design with 529 total participants was conducted. Data were analyzed through analysis of covariance (ANCOVA) and binary regression analysis.

Sponsors' activations can lead to positive or negative CEB, depending on how sport consumers evaluate the activation. Sponsorship authenticity reduces or enhances CEB following a sponsor's activation. Moreover, consumers' prior attitudes toward the sponsor influence the relationship between sponsors' activations and CED. The findings further showed that CED leads to CEB.

This research contributes to the sport sponsorship literature by empirically proving that sponsors' activations increase customer engagement toward the sponsors. Moreover, this is the first study testing consequences of sponsors' activations in relation to sponsorship authenticity and consumers' attitudes. Furthermore, the authors enrich the customer engagement literature by discussing the sponsors' activations as a marketing strategy to increase customer engagement and consequently firms' performance.

The increasingly important role of international retail companies in the distribution and marketing of goods highlights important gaps in the literature. One of these gaps concerns a scientifically based understanding of the key, underlying drivers in the market selection process of such companies. The purpose of this paper is to establish a more robust understanding of international retailers' market selection process.

This paper econometrically tests hypotheses derived from recent literature and models the international actions of retailers based in 13 home and ten host markets.

The results highlight the importance of host market characteristics and the importance of understanding host market selections in the context of home market retail structural development and, by implication, the relative lack of importance of secondary managerial input factors.

The model presented here fundamentally challenges assumptions concerning the role of managers in market selection decisions in the light of sustainable patterns of international activity.

These findings suggest that managers responsible for international market selection decisions do not have the freedom of action implied in the marketing literature and that their actions are constrained by structural market conditions.

The relationships identified explain six‐ to seven‐tenths of the pattern of expansion in the markets considered. This would suggest that managerial input is important in the process of marketing activity but that it is important within a broader framework.

The brand equity pyramid is a theory that explains how people develop loyalty and an attachment to a brand. The purpose of this study is to test whether the predictions made by the theory hold when applied to the brand of ParticipACTION, a Canadian non-profit organization that promotes active living. A secondary objective was to test whether this theory predicted intentions to be more physically active.

A research agency conducted a cross-sectional, online brand health survey on behalf of ParticipACTION. Exploratory factor analysis and confirmatory factor analysis established the factor structure. Structural equation modeling was used to test the hypothesized model.

A nationally representative sample of Canadian adults (N = 1,191) completed the survey. Exploratory factor analysis and confirmatory factor analysis supported a hypothesized five-factor brand equity framework (i.e. brand identity, brand meaning, brand responses, brand resonance and intentions). A series of structural equation models also provided support for the hypothesized relationships between the variables.

Though preliminary, the results provide a guide for understanding the branding process in the activity-promotion context. The constructs identified as being influential in this process can be targeted by activity-promotion organizations to improve brand strength. A strong organizational brand could augment activity-promotion interventions. A strong brand may also help the organization better compete against other brands promoting messages that are antithetical to their own.

This is the first study to test the brand equity pyramid using an activity-promotion brand. Results demonstrate that the brand equity pyramid may be useful in this context.

Based on the work of Parent (2008) on mega sports events, this paper explores the relationships among events stakeholders in Olympic Games host/bid city marketing. It outlines research questions, identifies a theoretical framework to better understand Olympic city marketing, presents four essays related to issues within this framework, and provides conclusions and suggestions for future research.

Since the 2008 financial crisis, the financial industry is in need of innovation to increase stability and improve quality of services. The purpose of this paper is to explore internal barriers that influence the effectiveness of projects within large financial services firms focussing on potentially disruptive and radical innovations. While literature has generally focused on barriers within traditional technology and manufacturing firms, few researchers have identified barriers for these type of firms.

A framework of internal barriers was developed and validated by means of an explorative case study. Data were collected at a European bank by exploring how innovation is organized and what barriers influence effectiveness of eight innovation projects.

Six items were identified as key barrier for potentially disruptive and radical innovations (e.g. traditional risk-avoidance focus, and inertia caused by systems architecture). As such, in the sample these were more important than traditionally defined barriers such as sources of finance, and lacking exploration competences.

Based on a small number of projects within one firm, the results highlight the need for more in-depth research on the effects of barriers and how barriers can be overcome within this industry.

The results show that there is a discrepancy between the societal demand for radical change within the financial industry and the ability of large financial services firms to innovate. The study identifies which unique internal barriers hamper potentially disruptive and radical innovation in large financial services firms.

The empirical support for agency theory explanations for the great variance in CEO pay has been equivocal. Drawing from the performance appraisal literature, we hypothesize that boards of directors incorporate human judgment into the evaluation and reward of CEO performance in order to balance managerial risk with agency costs. We test Baysinger and Hoskisson’s (1990) proposition that insider‐dominated corporate boards rely on subjective performance evaluation to reward the CEO, and we argue that R&D intensity influences this relationship. Using a sample of Fortune firms, findings support our contention that human judgment is important in evaluating and rewarding CEO performance.

This research reports on work related to integrating new immigrants into their local communities. The purpose of this paper is to explore community sport and the newcomer experience in communities through an acculturation framework.

The role of community sport organizations in the acculturation process is explored empirically via a three-stage research study of a small Canadian city that includes interviews with local newcomers, interviews with managers of local community sport organizations, and a website content analysis of community sport organizations in the region.

Results outline a number of important constraints, practices and realities facing newcomers and community sport organizations in improving participation rates and integration. In addition, the use of the acculturation frame provides insight on the perceived value of community sport yet low participation rates among newcomers.

There is a need for community sport providers to adopt an acculturation perspective to newcomers rather than the current assimilationist perspective. This change will lead to improvements in sport offerings and newcomer supports.

There is an increasing desire to have migrants locate in smaller urban centers rather than the large metropolises of their new home country. However, smaller communities may be perceived by newcomers as less desirable places to live and the communities can face significant integration challenges. Further, there is a dearth of research on newcomers and smaller communities particularly in the area of community sport. This study explores the role of sport as a means to overcome these challenges by assessing the capacity of a smaller city and the needs of immigrants and their families using a lens of acculturation.

The prevalence of individuals with an autism spectrum disorder (ASD) being associated with terroristic threats, lone wolf terrorism or affiliating with terroristic groups is rare. This paper aims to discuss this issue.

However, several cases are presented, where individuals with autism are involved in making a naïve, empty terroristic threat or uttering serious serial terroristic threats. Other cases are also presented of individuals being at risk for an abduction or being used by a terrorist group, and finally committing an act of domestic lone wolf terrorism.

Essential to the analysis was establishing a functional connection between autism-based deficits and the terroristic threats, terrorism, and when to not criminalize naïve, empty terroristic threats or acts.

Currently, tools available to law enforcement and prosecutors exploit the vulnerabilities and liabilities which arise as a result of group interactions, a “preventive” approach to terrorism that is not applicable to the solitary, “lone wolf” terrorist. There has been relatively little research (including case studies) examining individuals with ASD who engage in terrorism. For instance, when dealing with an individual with ASD who is charged with terrorism, it is crucial to consider how the diagnosis of autism may have presented as a contextual vulnerability, and to make sure that justice, rehabilitation and management, are informed by an understanding of the person’s diagnosis of ASD.

This paper aims to contribute to the literature on value creation by examining value within the visual arts market and arguing for a broader, socio-culturally informed view of value creation.

The authors develop an original conceptual framework to model the value co-creation process through which art is legitimised. An illustrative case study of artist Damien Hirst demonstrates the application of this framework.

The findings illustrate how value is co-constructed in the visual arts market, demonstrating a need to understand social relationships as value is dispersed, situational and in-flux.

The authors problematise the view that value emerges as a result of operant resources “producing effects” through working on operand resources. Rather, adopting the socio-cultural approach, the authors demonstrate how value emerges and is co-constructed, negotiated and circulated. The authors establish the need to reconceptualise value as created collaboratively with other actors within industry sectors. The locus of control is, therefore, dispersed. Moreover, power dynamics at play mean that “consumers” are not homogenous; some are more important than others in the valuation process.

This more distributed notion of value blurs boundaries between product and service, producer and consumer, offering a more unified perspective on value co-creation, which can be used in strategic decision-making.

This paper illustrates that value co-creation must be understood in relation to understanding patterns of hierarchy that influence this process.