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Economics of Business Crime: Theory and Public Policy Implications

NCJ Number
208789
Journal
Security Journal Volume: 18 Issue: 1 Dated: 2005 Pages: 29-41
Author(s)
Nuno Garoupa
Date Published
2005
Length
13 pages
Annotation
This literature review analyzes business crime in the more traditional sense, i.e., crime committed mostly by employees with or without the consent of corporate employers; the effect of business crime on the security of corporations; and the ability of corporations involved in illegal activities to influence political policymaking.
Abstract
In examining crime committed by employees in the course of their employment with or without the consent of corporate employers, the author assesses the arguments for and against corporate criminal liability. Overall, the law and economics literature is not supportive of the imposing of severe penalties on corporations for the illegal actions of its employees within the framework of their jobs. The discussion of the effect of business crime on the security of corporations gives attention to computer-related crime and fraud. The author argues that the classical argument about inefficient security measures by potential victims can be extended to the context for business crime. Regarding the political influence of corporations in shielding themselves from an effective criminal justice response to their illegal activities, the author notes they have a number of advantages. By making use of large grants, generous campaign contributions, and influential lobbying organizations, corporations can push for legal reforms that facilitate or obscure their illegal activities. In many cases, corporations produce and control the information that enforcers and regulators need to detect illegal activities. Corporations also benefit from globalization and the free movement of capital in hiding illegitimate activities. 67 notes