[USA] Insuring Corporate Crime
Indiana Law Journal (forthcoming 2008), April 26, 2007
http://lsr.nellco.org/nyu/plltwp/papers/51/
Miriam H. Baer
"Corporate criminal liability has become an important and much-talked about topic. This Article argues that entity-based liability – particularly the manner in which it is currently applied by the federal government –creates social costs in excess of its benefits. To help companies better deter employee crime, the Article suggests the abolition of entity-wide criminal liability, and in its place, the adoption of an insurance system, whereby carriers would examine corporate compliance programs, estimate the risk that a corporation’s employees would commit crimes, and then charge companies for insuring those risks."