Corporate Crime Collections
The Corporate Crime Collections are groups of information that may be particularly interesting for policy lawyers, academics and students. It is an effort to catch some of the artefacts of the criminal investigation, prosecution and other regulatory litigation processes, including regulatory press releases, case records and corporate statements.
Corporate Misconduct Enforcement Actions
These Collections represent a small sample of the cases that cross my newsfeed, updated fortnightly. They are provided to give readers a glimpse at how regulators, police, tribunals and courts respond to corporate misconduct. Within each collection you will find examples of administrative (de-registration, licence amendment, licence cancellation), civil (pecuniary penalty litigation, injunction applications etc), and criminal (infringement notices, prosecution) actions taken against corporations, and a record of the results.
These Collections give the impression that corporate misconduct can be sorted, neatly, into distinct categories. Indeed, our divisions of regulators, our fragmented legislation, our clear divides between courts and tribunals – even our Ayers and Braithwaite pyramids, dutifully copied into regulatory manuals the world over, conspire to give this impression. But corporate misconduct most always spreads, sloppily, between subject matters, jurisdictions and regulatory boundaries. Our compartmentalisation of corporate regulation, resulting in the isolation of regulatory staff from one another, the division of scarce public resources and blinkered fields of regulatory vision, creates serious problems. The system does, however, have advantages; and, for our purposes, the great volume of records of ‘corporate misconduct’ enforcement action needs some ordering if it is to be useful.
I have chosen to divide these collections by subject-matter, as regulatory agencies are. Where corporate misconduct has been addressed under laws from more than one subject-matter, the judgments are collected under “Cross-Subject Corporate Misconduct Cases”
Enforcement (Ayers and Braithwaite) Pyramids