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Five Legal Options to Deal with Corporate Crime

Types of Corporate Crimes

Corporate crime is a reality and is quite rampant too then people know. Corporations all over the world engage in a number of illegal activities and seem to get away with it scotch free. The reason why they are able to do so is because of loopholes present in the corporate laws that allow them to commit frauds.

In the UK too, large corporations have been able to avoid criminal proceedings for years because of lack of proper legislation. Moreover, these corporations have over the years become too strong even for the government to prosecute because of how involved they are in shaping the governments themselves. 

Just like individuals, corporations engage in a number of different types of crimes. The most common among them, which are termed as white collar crimes involve bank fraud, bribery, blackmail, corruption, money laundering, insider trading, financial misconduct, breach of trade sanctions and market abuse. Another type of corporate crime is organized crime. This is when criminals setup a corporation or a company to launder the money that they make from their criminal activities. Another type of corporate crime is state-corporate crime. This type of corporate crime is when both state and corporation are involved in the commitment of the wrongdoing.

How to Deal with Corporate Crime

Dealing with corporate crime isn’t easy. The corporations commit the crimes in a very intelligent manner and thus can get away with any criminal action being taken against them. However, there are legal options available that can be used for bringing them to justice. The following are some of these legal options. 

 

Corporate Criminal Liability

Corporate Criminal Liability is the most effective legal option that prosecutors can use for dealing with corporate crimes. It gives the prosecution the power to hold the corporation criminally liable for crimes that were committed by any of its employees or directors which resulted in any kind of benefits being gained by the corporation.   
 

Deferred Prosecution Agreement

Deferred Prosecution Agreement or DPA is a legal option available to prosecutors in the UK for dealing with corporations that are suspected of committing corporate crimes of any kind. It is basically an agreement wherein the corporation is given the chance to not be prosecuted if it agrees to follow certain conditions outlined by the prosecution. The conditions of the DPA usually involve payment of a hefty financial penalty and the declaration that the corporation would abstain from any kind of similar wrongdoing in the future for up to two years. In a DPA, the corporation is charged for the crime but not convicted if it follows the conditions of the agreement to the letter. 
 

Non Prosecution Agreement

Non Prosecution Agreement or the NPA is another legal option that prosecutors have their in armoury for dealing with corporate criminals. This is a second type of agreement in which the prosecutor negotiates with the corporate offender that it would not be prosecuted for its crimes if it pays the fine and makes a commitment to alter its ways. The difference between the deferred prosecution agreement and the non prosecution agreement is that in the NPA, the corporation is neither charged nor convicted of a crime if it meets all the conditions of the agreement. Thus, corporate offenders agreeing to an NPA would have no record of charges included to their criminal history.  
 

Probation

Probation is another excellent legal option that can be used for dealing with corporate crimes. It involves putting a corporation on probation if it gets convicted of any illegal activity. A public official like a judge is usually put in charge of overseeing the corporation’s conduct while it is under probation. Any reports of wrongdoings would be reported directly to this official and it would decide whether the probation should be continued or the corporation gets prosecuted.  
 

Homicide

Homicide is also a legal option that can be used for dealing with corporate criminals. It involves charging the corporation with homicide if it is established that the corporation was involved in the death of people in any way. However, it is very seldom used. The reason for this is that corporations have too many resources available to them and people placed in high places that save them from being prosecuted for homicide. 

If you are looking for any kind of legal advice in a corporate crimes case then you should contact the CPS using the phone number that is available there. They can provide you all the legal assistance that you need to make sure that your case is taken care of in the best  possible way.

 

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