Exam 3: III pt. 1 Flashcards
What do regulatory agencies do?
- protect public/harm to people from businesses/corporations
- enforce standards/policies within the industry
What are the 3 types of regulations?
1) private agencies
2) formal criminal police agencies
3) governmental regulatory agencies
What are the pros of regulatory agencies?
- expert in the field
- proactive/monitoring
- corporations are not motivated to protect consumers.
- research supports regulatory agencies does have an effect.
- reducing information asymmetry.
What are the cons of regulatory agencies?
- requires $$
- ineffective/political corruption
- economically inefficient.
What are the criticisms of regulatory agencies?
- ) agency administrators’ ideologies
- ) appointees may not have expertise needed to monitor that industry.
- ) unable to recruit superstar employees bc of mediocre salaries
- ) agencies are understaffed and underfunded
- ) lack of transparency about agency activities.
- ) bias towards larger corporations (treated better)
What is the difference between “command and control” and “Persuasive Approaches” of regulatory agencies?
command & control: involves use of punitive sanctions just trying to make profit.
cooperative/persuasive: advisory role, assumption that corporations want to comply but don’t know how.
What are the 4 different types of regulatory policing styles?
1) service
2) watchman
3) legalistic
4) free agent
What is the service regulatory policing style?
where agencies serve the community through the provision of various services
serve the government not the public
What is the watchman regulatory policing style?
using discretion and staying out of the way, with officers who possess “only marginal competence”
What is the legalistic regulatory policing style?
aggressive policing style
have formal guidelines instructing enforcement officers when to bring actions
What is the free agent policing style?
similar to the legalistic, but regulatory officers are given more leeway in deciding how to proceed with the case
Where do we get information during investigations?
- ) agencies
- ) whistleblowers
- ) documentary evidence
- ) interviews
What are issues with using law enforcement to respond to WCC ?
- resource problems
- relationship dynamics
- victim/offender/witness relationship
- time
- complexity
- proof
- perceptions of WCC police work
what makes investigating WCC so different than conventional crime?
- victims draw the investigation
- collaboration b/w diff LE agencies.
- usually documented evidence.
What are the different types of evidence used during investigation?
- absence of business expenditures
- absence of business
- neighbor’s testimony
- Wire tapping
- PC removal
What is the definition of whistleblowing?
“reporting by a current or former employee of illegal or unethical practices in an organization to ppl w/power or resources to take action.”
What are the motivations for whistleblowers?
- to feel free
- to do the right thing
Tips for whistleblowers dealing with challenges?
1) tip lines
2) investigators and professional organizations
3) top management
4) more communication within the company and with external agencies
Prosecution in WCC/CC is _____
rare
Why prosecutors decide to prosecute certain cases?
- ) more $$: due to harms caused
- ) more # of victims
- ) strong belief that offender is guilty
- ) believe that they will win, likelihood of prosecutorial success.
What are common defenses used by corporations and wcc offenders?
- ) Rogue employee: misconduct resulted from individual employee’s actions, not the result of corporate activities.
- ) due diligence defense: corp. says it did everything it could to abide by the law.
Due diligence is determined by whether corporations have:
1)
2)
1) established compliance program
2) assigned responsibilities for supervising compliance program to high ranking employee.
What makes defending a WC offender different from defending a street offender?
- more records+ witnesses
- media
- stronger evidence
- jury prejudices.
________ __________- when a WCC is heard in more than 1 court simultaneously (civil/criminal)
Parallel Proceedings
Parallel Proceedings are warranted in 2 situations:
1)
2)
1) criminal proceedings may need to parallel civil or administrative hearing that addresses immediate needs to protect health & safety.
2) simultaneously proceedings may be necessary to respond to cases that are especially serious.
Reasons to use Parallel Proceedings.
- need to address an immediate threat.
- threat of losing assets or bankruptcy
- civil case was already underway when criminal case began.
- civil case fits within a national priority
What are the concerns of Parallel Proceedings?
- double jeopardy
- excessive fines
- due process violations.
