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What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America?

Johnson, Diana

What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America? Thumbnail


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Abstract

This article focusses on the hybrid regulatory approaches used in both the USA and the UK for the enforcement of corporate financial crime. In particular, the article analyses the use of Deferred Prosecution Agreements, which typically impose a financial penalty and behavioural commitments on a corporate entity for a defined period of time in exchange for the deferral of a criminal prosecution. The article will examine the merits of the use of DPAs instead of the imposition of criminal penalties on a company. The article will also consider whether a hybrid use of competition law as well as, or instead of, financial regulation could achieve better outcomes for regulators when enforcing financial crime.

Journal Article Type Article
Acceptance Date Sep 14, 2021
Online Publication Date Nov 2, 2021
Publication Date Jan 1, 2022
Deposit Date Sep 16, 2021
Publicly Available Date Jan 6, 2022
Journal Journal of White Collar and Corporate Crime
Print ISSN 2631-309X
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 3
Issue 1
Pages 23-32
DOI https://doi.org/10.1177/2631309X211050013
Public URL https://uwe-repository.worktribe.com/output/7774828

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