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Article
Publication date: 11 November 2020

Emily M. Homer and George E. Higgins

The purpose of this study is to use crime mapping techniques to examine geographic patterns of signed deferred and non-prosecution agreements across federal districts. The…

Abstract

Purpose

The purpose of this study is to use crime mapping techniques to examine geographic patterns of signed deferred and non-prosecution agreements across federal districts. The purpose is also to examine the variation in the number of agreements by the district since 1992.

Design/methodology/approach

This study uses data from the Corporate Prosecution Registry to examine geographic patterns in federal corporate agreements since 1992 (n = 534). Choropleth mapping techniques were used to create national crime maps displaying the geographic locations of signed corporate agreements.

Findings

The results showed that, overall, prosecutors in the District of Columbia have signed the most federal corporate agreements although there is some variation over time.

Research limitations/implications

This study is unable to determine the causes of changes in the geographic placement or number of agreements signed. It is also unable to determine the precise geographic locations of crimes, but only the location of the District Court that elected to pursue a federal agreement with the organization.

Practical implications

The wide discretion prosecutors have in the agreement process has led to an overall lack of transparency concerning prosecutors’ decision-making when signing agreements with organizations. This study helps to make the number and geographic location of agreements more transparent.

Originality/value

This study uses crime mapping techniques to visually depict the locations of signed agreements allowing for visual comparisons and analyzes for an extended period of time.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Abstract

Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and judicial decisions that contain 2,041 quantitative estimates of overcharges of hard-core cartels. The primary findings are: (1) the median average long-run overcharge for all types of cartels over all time periods is 23.0%; (2) the mean average is at least 49%; (3) overcharges reached their zenith in 1891–1945 and have trended downward ever since; (4) 6% of the cartel episodes are zero; (5) median overcharges of international-membership cartels are 38% higher than those of domestic cartels; (6) convicted cartels are on average 19% more effective at raising prices as unpunished cartels; (7) bid-rigging conduct displays 25% lower markups than price-fixing cartels; (8) contemporary cartels targeted by class actions have higher overcharges; and (9) when cartels operate at peak effectiveness, price changes are 60–80% higher than the whole episode. Historical penalty guidelines aimed at optimally deterring cartels are likely to be too low.

Details

The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

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Article
Publication date: 2 January 2009

Gerald A. Toner

The objective of the paper is to describe how criminal prosecutors in the USA have expanded the reach of federal statutes punishing fraud and extortion to combat the…

Abstract

Purpose

The objective of the paper is to describe how criminal prosecutors in the USA have expanded the reach of federal statutes punishing fraud and extortion to combat the influence of organized criminal groups in certain American labor unions and employee benefit plans from 1980 to 2006.

Design/methodology/approach

The paper reviews newspaper accounts and published judicial decisions to explain how prosecutors have used fraud and extortion offenses in novel ways on a case‐by‐case basis to prosecute labor‐management corruption in the USA.

Findings

Although the American federal prosecutor's arsenal is limited to statutory crimes, prosecutors are continually evolving new means of addressing corruption on a case‐specific basis in the best tradition of Anglo‐American common law. By diligently persuading trial judges, appellate courts, and the US Congress of the merit of looking at fraud and extortion in new ways, federal prosecutors have carried out the intent of the statutory laws which Congress enacted to deal with corruption in government, business, and labor unions.

Practical implications

The federal criminal offense of “honest service fraud,” which was codified by Congress only following successful criminal prosecutions of public and private corruption, will continue to be used to address corruption on the part of persons holding fiduciary duties toward union members and employee pension and health benefit plan participants as the American retired population increases and the national government assumes greater oversight of employee health care.

Originality/value

The paper encourages the reader, especially those in law enforcement, to think creatively about the scope of existing criminal statutes while reviewing or enforcing their application to all forms of organizational corruption.

Details

Journal of Financial Crime, vol. 16 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

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Book part
Publication date: 4 May 2020

Verónica Michel

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence…

Abstract

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO strategic litigation? The author argues that a change in the legal opportunity structure impacts how activists interact with the legal system. Comparing two states in Mexico, the author demonstrates that the introduction of private prosecution rights opened the door for activists to litigate femicide cases. The emergence of strategic litigation has helped improve compliance with international human rights law and has had a demonstration effect on how to use the law to press for accountability.

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Book part
Publication date: 11 September 2015

Christopher A. Shields, Brent L. Smith and Kelly R. Damphousse

In this chapter, we provide a brief historical framework of the events and policy changes that impacted the prosecution of terrorism over the past 50 years with emphasis…

Abstract

Purpose

In this chapter, we provide a brief historical framework of the events and policy changes that impacted the prosecution of terrorism over the past 50 years with emphasis placed on the changes that resulted from the 9/11 attacks.

Methodology/approach

We provide a review of relevant literature and complete the chapter by providing new data (2015) on case outcomes derived from the American Terrorism Study, a database housed in the Terrorism Research Center in Fulbright College, at the University of Arkansas.

Findings

Investigative and prosecutorial authority in U.S. terrorism cases has experienced ebbs and flows that correspond with terrorism attacks as well as missteps by the FBI, and each has impacted the success of prosecution efforts. Despite dramatic changes, the number of cases prosecuted after 9/11 is unprecedented, and conviction rates continue to climb.

Originality/value

This chapter provides the reader with a synopsis of the policy changes that have occurred in federal terrorism investigations and trials from the late 1960s upto the present. Based on that context, we provide an explanation of how those policy changes have impacted terrorism prosecutions.

Details

Terrorism and Counterterrorism Today
Type: Book
ISBN: 978-1-78560-191-0

Keywords

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Article
Publication date: 1 February 1974

The large, all‐purpose local authorities established by the Local Government Re‐organization Act, 1972, for England and Wales—Scottish local government re‐organization is…

Abstract

The large, all‐purpose local authorities established by the Local Government Re‐organization Act, 1972, for England and Wales—Scottish local government re‐organization is yet to be completed—are operative; members have long since been elected and organization and staffing, if not complete, at least ready to commence. It is certainly the greatest upheaval since urban and rural sanitary authorities were set up about the middle of the last century. The last change of any magnitude was in 1934; small, however, compared with 1974. At that time, there were 62 county councils, 83 county boroughs and nearly 300 municipal boroughs, 29 metropolitan boroughs, more than 600 urban and about 500 rural districts; roughly 1,600 local authorities. The tremendous reduction in authorities by the present re‐organization illustrates the extent of the upheaval.

Details

British Food Journal, vol. 76 no. 2
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 April 1997

David S. Friedman

In the USA, unlike Germany, Japan, and many other nations, victims ordinarily play a very limited role in the prosecution of crimes. Indeed, victims have so little…

Abstract

In the USA, unlike Germany, Japan, and many other nations, victims ordinarily play a very limited role in the prosecution of crimes. Indeed, victims have so little prosecutorial authority that a growing ‘victims' rights‘ movement calls for constitutional amendments to give victims more control over criminal trials. Yet American law features some important exceptions to this general rule — for many environmental and white‐collar crimes, private citizens can bring actions to enforce the law. What makes these actions unique is the absence of ‘standing’ requirements that oblige the plaintiff to demonstrate that he or she was directly harmed by the criminal's actions.

Details

Journal of Financial Crime, vol. 5 no. 2
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 February 2001

James Fisher, Ellen Harshman, William Gillespie, Henry Ordower, Leland Ware and Frederick Yeager

In late 1999, Congress enacted financial modernisation legislation that dramatically deregulated the financial services industry and expanded the powers of financial…

Abstract

In late 1999, Congress enacted financial modernisation legislation that dramatically deregulated the financial services industry and expanded the powers of financial institutions in the USA. In keeping with this deregulation and expanded powers, the regulatory landscape and enforcement mechanisms also changed. While many applaud this legislation, others point to previous US experience where financial deregulation overwhelmed federal regulators and resulted in massive failures of financial institutions and, consequently, in huge federal bailouts. The authors examine here the prospect of supplementing regulation with certain forms of private intervention. Specifically, they address the question: is there a role for whistleblowing and bounty hunting as means of supplementing existing regulation in the financial services industry?

Details

Journal of Financial Crime, vol. 8 no. 4
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 January 1976

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the…

Abstract

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Details

Managerial Law, vol. 19 no. 1
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 9 September 2020

Jason A. Cade

Immigration enforcement along the Southwest border between United States and Mexico has long channeled migrants into perilous desert corridors, where many thousands have…

Abstract

Immigration enforcement along the Southwest border between United States and Mexico has long channeled migrants into perilous desert corridors, where many thousands have died, out of general public view. In response to this humanitarian crisis, activists from organizations such as No More Deaths (NMD) trek deep into the treacherous desert, hoping to save lives, honor the remains of those who did not survive, and influence public opinion about border enforcement policies. NMD’s activism is not merely utilitarian but also deeply expressive; ultimately, they hope to convey the message that all lives – including those of unauthorized migrants – are worth saving. The Trump Administration has escalated repressive tactics intended to silence these forms of border-policy dissent. Some federal land managers now blacklist NMD, preemptively denying requests for access permits. Meanwhile, the US Attorney’s office has aggressively prosecuted members for humanitarian activities. This chapter explains the expressive components of humanitarian activism in this context and of the government’s attempt to suppress it, suggesting the need for constitutional scrutiny and legal change.

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