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White collared – new approaches to corporate crime
In the January/February 2016 Gazette, barrister Brian Gageby says that new approaches to prosecuting white-collar crime in the US and Britain are of interest from an Irish perspective.
In September 2015, the US Justice Department announced guidelines marking a significant shift in policy towards holding individuals accountable for corporate wrongdoing. In Britain, prosecutors have put an emphasis on the individuals involved in corporate crime. Last year, the Serious Fraud Office (SFO) introduced deferred prosecution agreements, along with new policies placing greater focus on the individuals involved.
The new policies in the US and Britain have two key features in common. Firstly, there is a greater focus on individual offenders. Secondly, both policies encourage companies to self-report at an early stage and identify the people responsible for the offending behaviour.
From an Irish perspective, the policy changes are of some interest, particularly given the cost of prosecuting white-collar crime. Gageby analyses the new British and American approaches to white-collar crime – and whether such policies could work in Ireland.
- See the January/February 2016 Gazette
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