Full Description
In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms.
The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.
Contents
1. Current Challenges in Economic and Financial Criminal Law in Europe and the US
Katalin Ligeti and Vanessa Franssen
Part I: Challenges with Respect to Substantive Criminal Law
2. Prosecutors and Judges as Corporate Monitors? The US Experience
Bruce Zagaris
3. The Necessity of Compliance Programmes Under German Law—'Burden' or 'Blessing'?
Alexander Cappel
Part II: Challenges with Respect to the Administration of Justice and Criminal Procedure
4. Detecting Economic and Financial Crime: A Special Toolkit of Investigation Techniques in Luxembourg
Jeannot Nies
5. The Role of Whistleblowing and Leniency in Detecting and Preventing Economic and Financial Crime: A Game of Give and Take?
Christopher Harding
6. Negotiated Justice—Balancing Efficiency and Procedural Safeguards
Sabine Gless and Nadine Zurkinden
Part III: Challenges with Respect to Multi-agency Cooperation and Multi-disciplinary Investigations
7. Cooperation Between Administrative Authorities in Transnational Multi-agency Investigations in the EU:
Still a Long Road Ahead to Mutual Recognition?
Lothar Kuhl
8. Jurisdictional Issues in Transnational Multi-agency and Multi-disciplinary Investigations of Economic and Financial Crimes
John Vervaele
9. Transnational Multi-disciplinary Investigations and the Quest for Compatible Procedural Safeguards
Michiel Luchtman
10. The Consecutive Application of Different Types of Sanctions and the Principle of Ne Bis in Idem: The EU and the US on Different Tracks?
Martin Böse
Part IV: Challenges with Respect to Shared or Integrated Enforcement Models
11. Challenges in the Field of Economic and Financial Crime from a European Perspective
Jeroen Blomsma
12. Enforcing Prudential Banking Regulations in the Eurozone: A Reading from the Viewpoint of Criminal Law
Silvia Allegrezza and Ioannis Rodopoulos
13. Strategy of Integrated Enforcement: The UK Competition and Markets Authority
Stephen Blake
