The Effect of Compliance Programs on Corporate Criminal Liability under US Federal Law - From Charging, to Trial to Sentencing
(2024) HARN63 20241Department of Business Law
- Abstract (Swedish)
- That corporations can be held criminally liable for the acts of their agents has by now long been established in US federal law, and so has the fact that corporate compliance programs may allow corporations to limit or completely avoid this liability. The aim of this essay is to understand under what circumstances such a reduction in liability is possible during the pre-trial, trial and sentencing stages of the US federal criminal process, as well as to understand what is required from a compliance program for it to have this effect.
In order to achieve this aim, the paper analyzes key guiding documents and court cases on the subject, such as the Justice Manual, the Federal Sentencing Guidelines, and the Basic and Hilton Hotels cases.... (More) - That corporations can be held criminally liable for the acts of their agents has by now long been established in US federal law, and so has the fact that corporate compliance programs may allow corporations to limit or completely avoid this liability. The aim of this essay is to understand under what circumstances such a reduction in liability is possible during the pre-trial, trial and sentencing stages of the US federal criminal process, as well as to understand what is required from a compliance program for it to have this effect.
In order to achieve this aim, the paper analyzes key guiding documents and court cases on the subject, such as the Justice Manual, the Federal Sentencing Guidelines, and the Basic and Hilton Hotels cases. The paper employs the legal dogmatic method, whereby various legal sources are structured and analyzed together in an effort to understand the current legal landscape on the subject. Ultimately, the paper concludes that the effect of compliance programs on corporate liability under federal law is in practice a marginal one, and that the exact requirements placed on compliance programs for them to limit liability are to a large extent unclear. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9158735
- author
- Silveira, Alejandro LU
- supervisor
-
- Lovisa Halje LU
- organization
- course
- HARN63 20241
- year
- 2024
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- compliance, corporate criminal liability, sentencing
- language
- English
- id
- 9158735
- date added to LUP
- 2024-06-11 09:39:14
- date last changed
- 2024-06-11 09:39:14
@misc{9158735,
abstract = {{That corporations can be held criminally liable for the acts of their agents has by now long been established in US federal law, and so has the fact that corporate compliance programs may allow corporations to limit or completely avoid this liability. The aim of this essay is to understand under what circumstances such a reduction in liability is possible during the pre-trial, trial and sentencing stages of the US federal criminal process, as well as to understand what is required from a compliance program for it to have this effect.
In order to achieve this aim, the paper analyzes key guiding documents and court cases on the subject, such as the Justice Manual, the Federal Sentencing Guidelines, and the Basic and Hilton Hotels cases. The paper employs the legal dogmatic method, whereby various legal sources are structured and analyzed together in an effort to understand the current legal landscape on the subject. Ultimately, the paper concludes that the effect of compliance programs on corporate liability under federal law is in practice a marginal one, and that the exact requirements placed on compliance programs for them to limit liability are to a large extent unclear.}},
author = {{Silveira, Alejandro}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Effect of Compliance Programs on Corporate Criminal Liability under US Federal Law - From Charging, to Trial to Sentencing}},
year = {{2024}},
}