成人小说亚洲一区二区三区,亚洲国产精品一区二区三区,国产精品成人精品久久久,久久综合一区二区三区,精品无码av一区二区,国产一级a毛一级a看免费视频,欧洲uv免费在线区一二区,亚洲国产欧美中日韩成人综合视频,国产熟女一区二区三区五月婷小说,亚洲一区波多野结衣在线

立即打開(kāi)
Too big to be nailed

Too big to be nailed

Ken Stier 2010年04月22日

Did the fines fit the crimes?

????The fines exacted by Justice and the SEC in these cases were all reached by settlement rather than potentially embarrassing trials, and were all far higher than anything seen in the past - $185 million from Daimler, $400 million from BAE and $800 million from Siemens. Yet they were also significantly below minimum sentencing guidelines, and far less than the hundreds of millions in revenue the firms earned during the time their criminal activity took place -- typically over many years.

????That means all the firms charged emerged with a net bottom-line gain. That hardly seems to fulfill the Justice Department's aim of instilling maximum deterrence, and could, cynically and expensively, be seen by big firms as just another cost of doing business.

????All that troubles some observers, probably none more than Michael Koehler, who after ten years at a law firm working on such cases, now teaches at Butler University, and blogs with brio on the subject.

????"There are individuals sitting in jail this morning eating their breakfast for violating the FCPA anti-bribery provisions," says Koehler. "What do you say to those people who are in jail for conduct that those other companies [e.g., BAE, Siemens, Daimler] and those companies' employees were essentially immune from? It just rubs me the wrong way."

????One answer is that legal principles may have hit real world constraints: these behemoth companies have benefited from being "too big" to be hit by the full punch of the statute. They did deservedly get credit for cooperation -- thus lowering their culpability score, in the sentencing guideline formula. On the other hand, that cooperation came after -- not before -- the firms were busted.

????If the book were thrown at them, the firms could possibly suffer fatal wounds. Indeed, the specter of the Arthur Anderson, which imploded in 2002 after a criminal conviction, may give prosecutors pause. Essentially driven out of business due to its connection to Enron, the Supreme Court vacated the convictions against it in 2005, long after the damage was done.

????These are early days in the new FCPA arena, but the Department of Justice already has some 140 cases under investigation, and defense lawyers and compliance consultants are ramping up to match them. Justice and SEC will now work up their own investigations into HP, and exact a pound of flesh, if they can. Shareholders too, might follow with a lawsuit of their own.

????Under the stepped-up FCPA enforcement, which began under Bush but has been ramped-up by the Obama Administration, executives are also being targeted for personal criminally liability.

????If prosecutions start reaching into boardrooms, as U.K. authorities already have in a case involving ALSTOM, the French power company, anti-corruption enforcement could finally turn serious.

掃碼打開(kāi)財(cái)富Plus App
毛片免费观看久久精品| 成人A毛片免费视频观看| 国产SUV精品一区二区6| 玩弄放荡人妻一区二区三区| 人妻精品久久中文字幕| 在线看片免费人成视频在线影院| 老司国产精品免费视频 | 成年女人毛片免费视频| 一级毛片免费高清在线视频| 成为直播人的视频软件| 在线观看亚洲一区二区,欧美区一区| 中文字幕久无码免费久久| a级国产乱理伦片在线| 这里只有精品在线观看| 亚洲AV理论在线电影网| 精品亚洲成a人无码成a在线观看| 天天曰天天舔天天爱| 国产精品久久久久9999高清| a级国产乱理论片在线观看| 亚洲一区二区三区国产精华液| 玩弄人妻少妇500系列视频| 精品无码久久久久久久久久| 国产亚洲欧美另类精品久久久| 中文字幕久久熟女蜜桃| 国产成人免费视频精品一区二区| a毛片视频/国产精品第1页| 一区二区日韩国产精品| 精品特级一级毛片免费观看| 亂倫近親相姦中文字幕| 久久综合色鬼高清无码视频| 日韩人妻一区二区| 日本中文字幕二区区高清| 一本色道久久综合精品| 亚洲人成无码网站久久99热国产| 国产成人精品免费视频大全 | 一级a性色生活片久久无国产suv精品一区二区6| 免费人成年激情视频在线观看| 国产精品日本一区二区在线播放| 特级毛片a级毛片免费观看网站| 超薄丝袜足j一区二区三区| 一区二区三区动漫成人在线观看|