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1-31-08 - o CEO and CFO SOX 906 certifications(up to 20...

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Elements of a crime Acting or participating in a prohibited and wrongful undertaking Evil intent or state of mind Corporations and crime Corporate entity o Liable only for monetary penalties(public relations) o Prosecutors will bargain with entity to capture agents o If monetary penalties threaten to injure corporations, then judges will often reduce or deny them Agents o After Financial Scandals of 2001, Officers and Directors have been increasingly indicted and convicted o Superiors can be indicted for actions of employees they control (subordinate can be indicted)
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Unformatted text preview: o CEO and CFO SOX 906 certifications (up to 20 years)- a contract signed by the CEO or CFO that says they have put in place internal controls that should be sufficient to keep accurate monetary accounts White collar Crimes • Crimes generally o Forger, extortion, mail and wire fraud, embezzlement, bribery, credit card crimes, environmental crimes, FCPA, Rico, price fixing • Crimes against shareholders o Insider Trading o Interfering with auditors or whistleblowers(SOX) o Securities Fraud(e.g., cooking the books)...
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