Criminal Liability

When it comes to corporate rulebreaking, data from 2002 to 2016 reveals that the US government arranged more than 400 "deferred protection agreements" as a means of deterrence. Under these, a company acknowledges what it did was wrong, pays a fine, promises not to misbehave for a period of time -- and thus is largely let off the hook. Columbia Law School Professor and author of "Corporate Crime and Punishment: The Crisis of Underenforcement", John C. Coffee, says these have done little to deter future wrongdoing. Coffee joins Luigi and Bethany, both of whom have also extensively researched and exposed corporate wrongdoing, to discuss how to reform aspects of enforcement, such as self-reporting mechanisms, internal investigations, independent external auditors, whistleblowers, and even shame and humiliation.