Business Crime: U.S. Enforcement Against Multinational Corporations for Corruption and Fraud

REG524 Business Crime: U.S. Enforcement Against Multinational Corporations for Corruption and Fraud

Autumn 2018

Spring 2019
  • Topics

    This is a course about corporate criminal enforcement impacting multinational corporations. It will focus on U.S. law because the U.S. is the country that pursues the most enforcement actions against multinationals and imposes the highest sanctions. In addition, the U.S. enforcement regime (deferred and non-prosecution agreements) is serving as a model for other countries.

    The course will examine the three most important areas of law for multinationals that fall within U.S. jurisdiction: fraud (including insider trading), corruption, and money laundering. The course will also examine the scope of individual and corporate liability for misconduct, examining both the formal law (respondeat superior) and U.S. practice regarding negotiated settlements (deferred prosecution agreements (DPAs) and non-prosecution agreements). Where appropriate, the course will explicitly compare the U.S. approach to that of other jurisdictions which are both active against multinational firms and have adopted their own DPA regime: for example the U.K. Among other issues, the course will compare the U.S., U.K, and French approaches to both corporate liability and to the use of negotiated settlement agreements, such as deferred and non-prosecution agreements.

    The course will discuss the U.S. approach to corporate investigations and compare it with that of the U.K. and other European countries. We also will examine U.S. law governing whistleblowing and bounties as compared to that of other countries. Finally, we will examine the U.S. approach to insider trading which differs from that of most other jurisdictions.

    To some extent, the course will make use of economic analysis to determine whether legal regimes are effective at deterring misconduct.

  • Learning outcome

    After completing this course, the candidate

    Knowledge:

    • can describe key features of the regulation of business related crime internationally
    • can account for corporate criminal law enforcement in the United States and its relevance for European corporations that operate internationally

     

    Skills:

    • can explain the application of U.S. regulation of fraud (including insider trading), corruption, and money laundering
    • can expound the differences between the risk of liability for individuals and corporations - including how U.S. regulation and enforcement practices differs from central jurisdictions in Europe
    • can describe the regulations and enforcement practices regarding negotiated settlements (deferred prosecution agreements (DPAs) and non-prosecution agreements)

     

    General competence:

    • can outline the differences in regulation and enforcement of business-related crime in the United States and Europe
      • can point out the main obstacles for efficient enforcement of business-related crime in international markets
      • is able to clarify how economic analyses inspire legal analyses and policies for more efficient regulation of business related crime

  • Teaching

    The course will be held in Oslo May 27-31 2019. Lectures on the first two days will be held at NHH locations in Oslo at Drammensveien 44.  Lectures on the remaining days will be held at the Faculty of Law, University of Oslo. This is all within short walking distance from one of the main metro stations, centrally in Oslo: Nasjonaltheatret Station. (Maps and details will be shared with course participants in advance).

    There will be lectures 4.5 hours per day (the equivalent of 6 45 min sessions) over four days: Monday, Tuesday, Wednesday and Friday. There are no lectures on Thursday. Lectures will be between one hours and 1.5 hours.  There will be group discussion during lunch breaks. 

  • Restricted access

    The course admits a maximum of 20 students. If the number of applicants exceeds the course capacity, PhD students from NHH and UiO will have first priority for some of the available spots. Registration deadline is 1 February 2019 If you are a PhD student from NHH, please send an e-mail to phd@nhh.no to register for this PhD course.

    External candidates need to apply using this form (copy URL): https://www.nhh.no/en/study-programmes/phd-programme-at-nhh/phd-courses/application-to-follow-phd-courses-at-nhh/

    We will inform you about the result of your application no later than Friday 15 February 2019.

    If you would like to attend the course without seeking credit, please send an email to Janicke Langeland Steira: Janicke.Steira@nhh.no.There is a very limited number of seats for such candidates

  • Recommended prerequisites

    Academic studies of law will make it easier to follow this course.

  • Credit reduction due to overlap

    Many universities in Europe offer PhD courses in criminal law, criminal law procedure, business related crime, corporate compliance, and corporate criminal liability. What is unique with this course is that (a) it is offered in Europe while it focuses on U.S. regulation and enforcement; (b) has a majority of lectures held by one of the most prominent scholars in the field internationally, and (c) is offered by a school of business and economics. The latter aspect implies emphasis on practical knowledge for leaders, especially the law enforcement realities facing corporations that are subject to both U.S. and European regulation when it comes to the most serious forms of business related crime. At the same time, the course will inform about law enforcement challenges and inspire research in both law and economics.

    At NHH there is no overlap between this course and other PhD courses.

  • Requirements for course approval

    For course credit, students must pass a multiple choice test.

    Multiple choice digital test (1.5 hours) (based on fact patterns). The test will be held on the first Tuesday after the lectures, on 4 June at 10.00-11.30 am. Participants can take the test wherever they like as long as they are ready in the given time window and have good wifi connection.

    The multiple choice test will be digital (Wiseflow) and automatically assessed. Students with a certain number of correct answers will pass the test.  Those who fail will be given a new opportunity to take the test one week later.

  • Assessment

    Term paper.

    For the term paper, students must get their topic approved during the week of the course. They should submit a first draft within 4 weeks after the lectures, by the end of June 2019. Maximum number of words is 3500.  The term paper will be evaluated by Jennifer Arlen and Tina Søreide and returned to the students with comments by the end of July . The students should submit a revised draft 2 weeks after receiving comments on their first draft, that is mid-August 2019.

  • Grading Scale

    Pass/fail.

  • Computer tools

    The are no software requirements.

  • Literature

    • Chapters in the (Edward Elgar Press) (Jennifer Arlen ed. 2018) (book and individual chapters available electronically through Edward Elgar)
    • Reading Pack (the contents of the reading pack will be available on Canvas)

Overview

ECTS Credits
5
Teaching language
English
Semester

Spring. Offered spring 2019.

Course responsible

Tina Søreide and Jennifer Arlen (NYU Law and 10% position IRRR)