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Article
Publication date: 13 July 2022

Megan Jean Parker and Mary Dodge

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.”

Research limitations/implications

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.

Practical implications

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.

Originality/value

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.

Article
Publication date: 17 April 2024

Kiyavash Irankhah, Soheil Asadimehr, Golnaz Ranjbar, Behzad Kiani and Seyyed Reza Sobhani

To effectively combat the increasing rates of obesity, it is crucial to explore how environmental factors like sidewalk access impact weight-related outcomes. This study aimed to…

Abstract

Purpose

To effectively combat the increasing rates of obesity, it is crucial to explore how environmental factors like sidewalk access impact weight-related outcomes. This study aimed to systematically examine the association between sidewalk accessibility and weight-related outcomes.

Design/methodology/approach

Databases were searched by keywords for relevant articles, which were published before March 3, 2024, to report the role of neighborhood sidewalk access on weight-related outcomes. The main findings of the selected articles were extracted from eligible studies by two independent reviewers.

Findings

A total of 20 out of 33 studies indicated a significant negative relationship between access to sidewalks and weight-related outcomes. Three studies demonstrated an indirect relationship between access to sidewalks and weight-related outcomes by greater access to physical environments. In addition, five studies reported no clear relationship, and three studies reported a significantly positive relationship between access to sidewalks and weight-related outcomes.

Practical implications

In general, people who live in urban areas with better sidewalk access benefit from better weight-related outcomes. Adults showed this correlation more prominently than adolescents and children. Therefore, sidewalks that have a positive effect on physical activity levels could be considered as a preventive measure against obesity.

Originality/value

One of the weight-related outcomes is obesity. Every community faces numerous challenges due to obesity, which adversely affects the quality of life and health. Environmental factors such as access to sidewalks could be associated with body weight due to lifestyle influences.

Details

Nutrition & Food Science , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0034-6659

Keywords

Article
Publication date: 3 July 2023

Liz Sattler, Megan Shreffler, Nels Popp and David Pierce

The purpose of this exploratory study was to examine the workplace experiences of current and former underrepresented ticket sales employees.

Abstract

Purpose

The purpose of this exploratory study was to examine the workplace experiences of current and former underrepresented ticket sales employees.

Design/methodology/approach

The study utilized survey methodology to answer the research questions. Purposive sampling was used to identify potential respondents: individuals who were either currently employed as sport ticket sales employees or had been previously. The researchers examined online media guides from North American major league sports teams and identified ticket sales representatives who were compiled into a database and then cross-referenced through social media platform LinkedIn. Individuals were located via LinkedIn profiles and sent an anonymous, electronic survey which included a combination of Likert scale and open-ended questions regarding respondent experiences working in ticket sales departments.

Findings

Survey responses from 511 ticket salespeople revealed negative experiences related to management and career advancement opportunities, as well as significant differences in negative experiences for underrepresented populations regarding mentorship and culture.

Originality/value

Sport sales managers desire to expand employee diversity (Wells et al., 2019) and improve overall retention rates, but if a clear understanding of organizational vision toward diversification is not established within sports teams, managers are less likely to embrace diversity initiatives. Thus, it is imperative to understand the lived experiences of underrepresented ticket salespeople in order to improve workplace culture and effectiveness.

Details

International Journal of Sports Marketing and Sponsorship, vol. 24 no. 3
Type: Research Article
ISSN: 1464-6668

Keywords

Book part
Publication date: 2 May 2024

Amanuel Elias

Research indicates a long historical connection between racism and nationalist ideologies. This connection has been highlighted in the resurgence of exclusionary nationalism in…

Abstract

Research indicates a long historical connection between racism and nationalist ideologies. This connection has been highlighted in the resurgence of exclusionary nationalism in recent years, across many multicultural societies. This chapter discusses the notions of race, ethnicity and nation, and critically examines how racism shapes contemporary manifestations of nationalist discourse across the world. It explores the historical role of settler-colonialism, imperial expansions and the capitalist development in shaping the racial/ethnic aspect of nationalist development. Moreover, it provides an analysis of the interconnections between the racialisation of minorities, exclusionary ideologies and the consolidation of ethno-nationalist tropes. This chapter further considers the impact of demographic changes in reinforcing anti-migrant exclusionary sentiments. This is examined in connection with emerging nativist discourse, exploring how xenophobic racism has shaped and is shaped by nostalgic nationalism based on the sanitisation of the legacies of Empire and colonialism.

Details

Racism and Anti-Racism Today
Type: Book
ISBN: 978-1-83753-512-5

Keywords

Article
Publication date: 10 October 2023

İlkay Baliç

This article tackles the intersection of mothering and labor through the author's own experience as a feminist mother/manager from Istanbul, Turkey. It aims to revisit the first…

Abstract

Purpose

This article tackles the intersection of mothering and labor through the author's own experience as a feminist mother/manager from Istanbul, Turkey. It aims to revisit the first years of motherhood, exploring the struggle to invent a peculiar maternal subjectivity in opposition and negotiation with the patriarchal institution of motherhood, the new definition of maternal labor in a highly digital, neoliberal context and the issue of marital fairness in a dual-income heterosexual marriage.

Design/methodology/approach

The article presents an autoethnographic, retrospective and introspective inquiry into the first seven years of the author's mothering experience in order to offer an in-depth exploration of the various aspects of contemporary maternal labor.

Findings

The article shows how maternal labor has shifted in nature and expanded in scope in a contemporary non-Western context. It investigates the dissolution of the spatial, temporal and sensorial boundaries between the managerial labor dedicated to the workplace, and to the family. Highlighting the similarities of the two forms of labor, the article manifests the materiality, tangibility and visibility of maternal labor.

Research limitations/implications

Further intersectional studies shall be beneficial to redefine maternal labor in different contexts.

Practical implications

Departing and diverting from the terms “invisible labor” and “mental load”, the article suggests a shift in terminology to stress the multifaceted medley of managerial tasks mothers undertake today.

Originality/value

The article provides an original take on maternal labor through the first-hand experience of a middle-class, professional mother from Istanbul, Turkey.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 5 October 2023

John E. Reilly and Romeo V. Turcan

This chapter introduces the aims, objectives and potential outreach of the handbook. The handbook is both a quest for insights from leadership theory and practice in the…

Abstract

This chapter introduces the aims, objectives and potential outreach of the handbook. The handbook is both a quest for insights from leadership theory and practice in the contemporary world and a manifesto for leadership training through a value-based approach to authenticity. Contributors in this handbook do not belong to the orthodox authentic leadership community. They offer varied, provocative views and personal case studies of leadership. Some endorse aspects of the concept of authentic leadership while developing new understanding of authenticity, others suggest that it is flawed; others offer fresh, challenging, leadership insights. The chapter concludes with a brief introduction to all chapters in the handbook.

Details

The Emerald Handbook of Authentic Leadership
Type: Book
ISBN: 978-1-80262-014-6

Keywords

Book part
Publication date: 5 October 2023

Louis Lines and Romeo V. Turcan

This chapter addresses authentic leadership at the intersection of tradition and modernity with a focus on insider-outsider dynamics. The authors develop a typology of…

Abstract

This chapter addresses authentic leadership at the intersection of tradition and modernity with a focus on insider-outsider dynamics. The authors develop a typology of insider-outsider perception of authentic leadership and four leadership types – detached leadership, integrative leadership, entrenched leadership and atomised leadership – to provide a conceptual tool that advances authentic leadership research and leadership-building strategies. Investigating the intersection of tradition and modernity, Lines and Turcan illustrate that authenticity and legitimacy are tightly coupled. Leaders need to develop insider legitimacy by alignment with contextual norms, traditions and customs. Lines and Turcan encourage future research to explore the question: Is leadership more about establishing contextual legitimacy or establishing authenticity?

Details

The Emerald Handbook of Authentic Leadership
Type: Book
ISBN: 978-1-80262-014-6

Keywords

Abstract

Details

Police Responses to Islamist Violent Extremism and Terrorism
Type: Book
ISBN: 978-1-83797-845-8

Book part
Publication date: 5 October 2023

Sofia Daskou and Nikolaos Tzokas

This chapter discusses the utility of authentic leadership for the UN's Sustainable Development Goals and argues that the capacity-building value of authentic leadership enables…

Abstract

This chapter discusses the utility of authentic leadership for the UN's Sustainable Development Goals and argues that the capacity-building value of authentic leadership enables change and improves performance. The authors view authentic leadership as a genuine, transparent, positive, ethical form of leadership that strives to address grand challenges. They outline its application in two cases: well-being (SDG3) and education (SDG4). Daskou and Tzokas conclude with a criticism of the value of authentic leadership in the successful delivery of the SDGs. Daskou and Tzokas recommend investigating how authentic leaders' balanced information processing and internalised moral perspective contribute to positive self-development, better education outcomes and well-being among students, educators and employees.

Article
Publication date: 2 February 2023

Ian Fillis, Kim Lehman and Mark Wickham

The purpose of this paper is to assess the notion of art as a product. This paper develops a detailed understanding of how established visual artists engage with the notion in…

Abstract

Purpose

The purpose of this paper is to assess the notion of art as a product. This paper develops a detailed understanding of how established visual artists engage with the notion in their art making and market interactions, drawing insight from the longitudinal debate on the essence of art, including its connection with entrepreneurial marketing.

Design/methodology/approach

The authors uses a conceptual framework involving artists’ and other stakeholders’ philosophical positions, artists’ career stages, reputation (including branding), market associations and the forms of value generated by artists and consumers to help shape their qualitative research design involving in-depth interviews with 16 established Australian artists. NVivo software aided data analysis to improve theory building.

Findings

Market orientation, entrepreneurial market creation, co-creation, co-production activities and sharing value among interested stakeholders are important factors in viewing art as a commercial product. Sustainable value creation is also crucial. Key emergent themes were motivation to create, engagement with the market and artists’ attitudes towards art as a product. This paper identifies a fluidity in the relationship between an artist and their art.

Research limitations/implications

Co-creation, co-production and sharing value among interested stakeholders are important factors as are market orientation versus entrepreneurial market creation activities. Sustainable value creation is also crucial. Key emergent themes were motivation to create, engagement with the market and artists’ attitudes towards art as a product.

Practical implications

Established artists have made a conscious decision to engage, or otherwise with the marketplace. This research uncovers the merits of adopting a product approach in engaging with the market and artist centred creation which avoids marketplace interaction.

Originality/value

This research has the potential to contribute to policy decision-making in the sector and in stimulating future comparative research. There are wider implications for the cultural and creative industries where entrepreneurial market creation can stimulate creativity and innovation.

Details

Journal of Research in Marketing and Entrepreneurship, vol. 25 no. 3
Type: Research Article
ISSN: 1471-5201

Keywords

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