More Corporate Governance Articles

Board of Directors

Over-Criminalization & its Effects on Corporate America, Part III

The trend toward criminalizing normal business conduct not only hurts the executives and companies victimized by reckless prosecutors and regulators, it hamstrings the competitiveness of U.S. corporations in the global marketplace.

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Board of Directors

Over-Criminalization and its Effects on Corporate America, Part II

When a company is guilty of willful negligence or gross misconduct, it deserves to be punished to the full extent of the law. Indeed, the ability of regulators and law enforcement officials to pursue criminal charges undergirds U.S. corporate law.

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Board of Directors

Over-Criminalization and its Effects on Corporate America, Part I

There’s no shortage of corporations in recent years that have committed abhorrent crimes and deserve whatever punishment they’ve gotten. If a company maliciously defrauds investors and clients (look no further than Bernard L. Madoff Investment Securities LLC), or deliberately lies about the dangers of its products (raise your hand, Takata and Volkswagen Group!), then crocodile tears need not be shed about the censure it receives.

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