Corporate Crime and Punishment: The Crisis of Underenforcement
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Narrated by:
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James Gillies
About this listen
In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee.
“We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks”, he says.
He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistle-blowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings”. All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don’t have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice.
©2020 John C. Coffee Jr. (P)2020 John C. Coffee Jr.Listeners also enjoyed...
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Critic reviews
"Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” (Robert Jackson, former Commissioner, Securities and Exchange Commission)
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where's the epilogue?
- By James Klein on 02-02-11
By: David Einhorn
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A Capitalism for the People
- Recapturing the Lost Genius of American Prosperity
- By: Luigi Zingales
- Narrated by: Jonathan Davis
- Length: 11 hrs and 20 mins
- Unabridged
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Born in Italy, University of Chicago economist Luigi Zingales witnessed firsthand the consequences of high inflation and unemployment - paired with rampant nepotism and cronyism - on a country’s economy. This experience profoundly shaped his professional interests, and in 1988 he arrived in the United States, armed with a political passion and the belief that economists should not merely interpret the world, but should change it for the better.
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Enjoyable but a tad predictable.
- By Kevin on 12-24-12
By: Luigi Zingales
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Economics for the Common Good
- By: Jean Tirole, Steven Rendell - translator
- Narrated by: Jonathan Davis
- Length: 18 hrs and 54 mins
- Unabridged
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When Jean Tirole won the 2014 Nobel Prize in Economics, he suddenly found himself being stopped in the street by complete strangers and asked to comment on issues of the day, no matter how distant from his own areas of research. His transformation from academic economist to public intellectual prompted him to reflect further on the role economists and their discipline play in society. The result is Economics for the Common Good, a passionate manifesto for a world in which economics, far from being a "dismal science," is a positive force for the common good.
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A Great Overview of the Challenges of Modern Econ
- By Zach Sullivan on 08-06-18
By: Jean Tirole, and others
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Battle for the Soul of Capitalism
- By: John C. Bogle
- Narrated by: Stefan Rudnicki
- Length: 9 hrs and 16 mins
- Abridged
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There is no one better qualified to tell us about the failures of the American financial system and the grotesque abuses that have taken place in recent years than John C. Bogle, founder and former chief executive of the Vanguard mutual-fund group. This legendary mutual-fund pioneer has witnessed firsthand the innermost workings of the financial industry for more than 50 years and has set the standards for sound investment strategies and stewardship.
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Do You Own a Mutual Fund?
- By M. Kettell on 02-02-08
By: John C. Bogle
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Lies the Government Told You
- Myth, Power, and Deception in American History
- By: Andrew P. Napolitano
- Narrated by: Andrew Napolitano
- Length: 11 hrs and 53 mins
- Unabridged
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In Lies the Government Told You, Judge Andrew P. Napolitano reveals how America's freedom, as guaranteed by the US Constitution, has been forfeited by a government more protective of its own power than its obligations to preserve our individual liberties.
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A Must Read America 🇺🇸
- By Jamie Schaible on 05-30-23
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Reckless Endangerment
- How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon
- By: Gretchen Morgenson, Joshua Rosner
- Narrated by: L. J. Ganser
- Length: 11 hrs and 57 mins
- Unabridged
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In Reckless Endangerment, Gretchen Morgenson, the star business columnist of The New York Times, exposes how the watchdogs who were supposed to protect the country from financial harm were actually complicit in the actions that finally blew up the American economy.
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Required reading
- By David on 10-24-11
By: Gretchen Morgenson, and others
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Detroit Resurrected
- To Bankruptcy and Back
- By: Nathan Bomey
- Narrated by: Jonathan Yen
- Length: 9 hrs and 31 mins
- Unabridged
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From thriving Motor City to the largest municipal bankruptcy in American history, Detroit has become the nation's cautionary tale. But what led to the fateful day of the filing, and how did the city survive this crisis? Journalist Nathan Bomey delivers the inside story of Detroit's decline and the people who fought to save it against impossible odds: Governor Rick Snyder, a self-proclaimed nerd; emergency manager Kevyn Orr, a lawyer with singular dedication; Judge Steven Rhodes, the city's conscience; and retirees who fought to ensure that Detroit kept its promises.
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Outsiders Perspective
- By Carl on 02-07-17
By: Nathan Bomey
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Phishing for Phools
- The Economics of Manipulation and Deception
- By: George A. Akerlof, Robert J. Shiller
- Narrated by: Bronson Pinchot
- Length: 7 hrs and 11 mins
- Unabridged
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Ever since Adam Smith, the central teaching of economics has been that free markets provide us with material well-being, as if by an invisible hand. In Phishing for Phools, Nobel Prize-winning economists George Akerlof and Robert Shiller deliver a fundamental challenge to this insight, arguing that markets harm as well as help us. As long as there is profit to be made, sellers will systematically exploit our psychological weaknesses and our ignorance through manipulation and deception.
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Useful for a certain audience, but ...
- By Philo on 02-29-16
By: George A. Akerlof, and others
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Shaky Ground
- The Strange Saga of the US Mortgage Giants
- By: Bethany McLean
- Narrated by: Gabra Zackman
- Length: 3 hrs and 33 mins
- Unabridged
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In 2008 the US Treasury put Fannie Mae and Freddie Mac into a life-support state known as "conservatorship" to prevent their failure - and worldwide economic chaos. The two companies, which were always controversial, have become a battleground. Today, Fannie and Freddie are profitable again but still in conservatorship. Their profits are being redirected toward reducing the federal deficit, which leaves them with no buffer should they suffer losses again.
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Details on the Culture and History of the GSEs
- By Jose on 10-15-15
By: Bethany McLean
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The Great American Stick Up
- Greedy Bankers and the Politicians Who Love Them
- By: Robert Scheer
- Narrated by: Christian Rummel
- Length: 6 hrs and 12 mins
- Unabridged
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Instead of going where other journalists have gone in search of this story - the board rooms and trading floors of the big Wall Street firms - Scheer goes back to Washington, D.C., a veritable crime scene, beginning in the 1980s, where the captains of the finance industry, their lobbyists and allies among leading politicians destroyed an American regulatory system that had been functioning effectively since the era of the New Deal.
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A great telling of an unfortunate part of history
- By Trace on 10-27-20
By: Robert Scheer
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Mergers & Acquisitions from A to Z, Fourth Edition
- By: Andrew J. Sherman
- Narrated by: Eric Martin
- Length: 14 hrs and 18 mins
- Unabridged
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More than 10,000 mergers and acquisitions occur annually in the US, many among small and mid-sized companies. These complex transactions can be an effective growth strategy, but they carry significant risk. Mergers and Acquisitions from A to Z helps guard against costly mistakes. Expert advice, case studies, checklists, and sample documents walk you through every step of the process - from valuation to securities laws to closing and successful integration.
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Great information with details
- By Luis on 07-18-18