corporations and corporate directors were rarely prosecuted for crimes

| June 14, 2018

1. Three decades ago, corporations and corporate directors were rarely prosecuted for crimes, and penalties for corporate crimes were relatively light. Today, this is no longer true. Under the corporate sentencing guidelines, corporate wrongdoers can receive substantial penalties. Do these developments mean that corporations are committing more crimes today than in the past? Will stricter laws be effective in curbing corporate criminal activity? How can a company avoid liability for crimes committed by its employees?2. Do you agree that when a corporation is approaching insolvency, the directors’ fiduciary obligations should extend to the corporation’s creditors as well as to the shareholders? Why or why not?3. When a company’s executives offer opinions about the firm’s ?nancial status and future business prospects through blogs, social media, and other Internet forums, the SEC can hold the company liable for violating securities laws. Is this fair to investors who want to hear the straight scoop from the firm’s executives? What arguments can you make in favor of this restriction? What arguments can you make against it?

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