The central goal of this Article is to describe the burgeoning turn to new policing techniques in the business crime context and to offer some initial thoughts on the promises and limits of the approach. Part II begins by explaining the traditional or “old policing” of business crime. After implementing an initial strategy that focused on pursuing individuals, the government turned its attention to the organizations where those individuals operated. It increased the sanctions for violators and sought to target companies in an effort to prompt them to adopt internal compliance pro-grams. The focus on company compliance programs was designed to change corporate culture, sharing with the broken windows theory a focus on norms. This policy did not, however, stop enormous corporate frauds or the economic meltdown that occurred in 2007 and 2008 that many believe depended on illegal activities. In response to these failures, Part III argues, the United States is embarking on a new era in policing business crime that, like the new policing of street crime, aims to be more proactive. And like its street crime counterpart, business crime policing is pursuing different approaches. Finally, Part IV explores how the new policing techniques in the business crime context are likely to play out, given that business crime is different from street crime in fundamental ways. Part IV further explains what those differences mean for the ultimate success of the new policing paradigm. Part V concludes.
Rachel E. Barkow, The New Policing of Business Crime, 37 SEATTLE U. L. REV. 435 (2014).
Antitrust and Trade Regulation Commons, Commercial Law Commons, Consumer Protection Law Commons, Criminal Law Commons, Law and Society Commons, Secured Transactions Commons, Securities Law Commons