A New Corporate World Mandates a Good Faith Affirmative Defense

8 Pages Posted: 4 Mar 2008 Last revised: 15 Sep 2009

See all articles by Ellen S. Podgor

Ellen S. Podgor

Stetson University College of Law

Date Written: 2007


In the aftermath of corporate scandals and the establishment of the President's Corporate Fraud Task Force, the Department of Justice has moved with a new emphasis to curb corporate criminality. Congress has also imposed new legislation with stricter compliance and more stringent oversight to curtail corporate criminality. Corporations for the most part have met these new demands and instituted effective compliance programs to prevent and detect criminal conduct. Yet despite these efforts, corporations with the best of motives, with the best of efforts, and with the utmost in due diligence, can still find themselves the subject of a criminal prosecution. This Essay advocates that this new landscape should allow corporations to argue a good faith affirmative defense.

Keywords: white collar crime, criminal law, corporate criminality, corporations, good faith defense

JEL Classification: K14, K22

Suggested Citation

Podgor, Ellen S., A New Corporate World Mandates a Good Faith Affirmative Defense (2007). American Criminal Law Review, Vol. 44, No. 4, 2007, Available at SSRN: https://ssrn.com/abstract=1100845

Ellen S. Podgor (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States
727 562 7348 (Phone)

HOME PAGE: http://www.law.stetson.edu/tmpl/faculty/memberProfile.aspx?id=88

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