"Essential guidance for understanding and navigating the current enforcement environment. The New Era of Regulatory Enforcement should be required reading for all corporate executives and others responsible for meeting the challenges in this new era." --Lanny A. Breuer, Vice Chair, Covington & Burling LLP, and former Assistant Attorney General for the Criminal Division at the U.S. Department of Justice "A brilliant tour de force! Hedley and Girgenti offer readers insight into the dramatic changes in regulatory enforcement as well as the tools they need to manage this brave new world. It is an invaluable resource for executives, advisors, and scholars. The framework offered is compelling and actionable." --Batia Mishan Wiesenfeld, Ph.D., Andre J. L. Koo Professor of Management and Chair of the Department of Management and Organizations, Leonard N. Stern School of Business, New York University "Corporate managers face a daunting task complying with the tectonic changes in the regulatory landscape over the past few years. This book provides a detailed road map for how to operate within the letter and spirit of the law."

Devise an organized, proactive approach to financial compliance Financial Regulation and Compliance provides detailed, step-by-step guidance for the compliance professional seeking to manage overlapping and new regulatory responsibilities. Written by David Kotz, former Inspector General of the SEC with additional guidance provided by leading experts, this book is a one-stop resource for navigating the numerous regulations that have been enacted in response to the financial crisis. You'll learn how best to defend your organization from SEC, CFTC, FINRA, and NFA Enforcement actions, how to prepare for SEC, FINRA, and NFA regulatory examinations, how to manage the increasing volume of whistleblower complaints, how to efficiently and effectively investigate these complaints, and more. Detailed discussion of the regulatory process explains how aggressive you should be in confronting federal agencies and self-regulatory organizations and describes how commenting on issues that affect your business area can be productive or not. The companion website includes a glossary of terms, regulations and government guidance, relevant case law, research databases, and FAQs about various topics, giving you a complete solution for keeping abreast of evolving compliance issues. These days, compliance professionals are faced with a myriad of often overlapping regulatory challenges. Increased aggressiveness on the part of regulators has led to increased demand on financial firms, but this book provides clear insight into navigating the changes and building a more robust compliance function. Strengthen internal compliance and governance programs Manage whistleblower programs and conduct effective investigations Understand how to minimize exposure and liability from Enforcement actions Learn how to prepare for the different types of regulatory examinations Minimize exposure from FCPA violations Understand the pros and cons of commenting on regulations The volume and pace of regulatory change is causing new and diverse pressures on compliance professionals. Navigate the choppy waters successfully with the insider guidance in Financial Regulation and Compliance.

Organizational Challenges to Regulatory Enforcement and Compliance: A New Common Sense about Regulation THE ANNALS of the American Academy of Political and Social Science September 2013, Volume 649 Special Editor: Susan S. Silbey Following a series of global financial and economic crises at the end of the first decade of the twenty-first century, we hear renewed calls for increased government regulation of the economy (including finance, banking, insurance, communications, environment, and employment) as a necessary safeguard against the excesses of exuberant capitalism. At the same time, opponents argue that government regulation not only dampens market efficiencies and hinders economic growth in general but specifically encourages the predatory and fraudulent practices responsible for the recent Great Recession. This volume of The ANNALS analyzes the bodies of scholarship on regulation as well as the empirical models and policy advice that have both fueled and responded to conventional public regulation by rethinking these paradigms from the perspective of the regulated organizations—in all their diversity and complexity. These articles examine three features of the contemporary situation that demand new ways of looking at the processes and prospects of regulation: experiences with innovative regulatory models propagated as risk management; failures of organizational self-governance; and new forms of networked and dispersed global organizations. We suggest that a new common sense about regulation acknowledges the ubiquity of legal regulation and the contextual conditions that frame the normative interpretations, the global circulation of regulation that has transformed its scale, and finally the role of the organization as the locus of regulation. Paperback: $35.00, Sale Price $28.00, ISBN: 978-1-4833-4508-6 Hardcover: $48.00, Sale Price $38.40, ISBN: 978-1-4833-4507-9

How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.

Over the past several decades, the financial landscape and its regulation have experienced unprecedented growth and transformation. This era has seen significant advancements in financial markets, along with cyclical periods of regulatory reform, often in response to crisis situations. The recent financial crisis has generated immense interest in financial regulation from policymakers, economists, legal practitioners, and academics alike, sparking comprehensive regulatory reforms. The Ultimate Guide to US Financial Regulations: A Primer for Lawyers and Business Professionals delivers an authoritative, up-to-date, and in-depth examination of the intricacies of financial regulation. With insights on banking, securities, derivatives, insurance, consumer financial protection, anti-money laundering, and international financial regulations, this comprehensive guide employs a contextual and comparative approach to explore academic, policy, and regulatory requirements. The initial sections of the guide delve into the foundational themes that underpin financial regulation: financial systems and their regulation; the structure of financial system regulation; the evolution of Financial Regulation; the role of regulatory agencies as well as their various enforcement mechanisms; as well as insurance, banking and securities regulations. The latter sections focus on the core objectives of financial regulation, and explore key topics such as deposit insurance, consumer protection regulations, safety and soundness requirements, insider trading, securities fraud, and investment advisor regulations. The Ultimate Guide to US Financial Regulations offers an indispensable resource for understanding and navigating the complex world of financial regulation, making it an essential read for professionals across the legal and business spectrum.

Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.

Learn how advances in technology can help curb bank fraud Fraud prevention specialists are grappling with ever-mounting quantities of data, but in today's volatile commercial environment, paying attention to that data is more important than ever. Bank Fraud provides a frank discussion of the attitudes, strategies, and—most importantly—the technology that specialists will need to combat fraud. Fraudulent activity may have increased over the years, but so has the field of data science and the results that can be achieved by applying the right principles, a necessary tool today for financial institutions to protect themselves and their clientele. This resource helps professionals in the financial services industry make the most of data intelligence and uncovers the applicable methods to strengthening defenses against fraudulent behavior. This in-depth treatment of the topic begins with a brief history of fraud detection in banking and definitions of key terms, then discusses the benefits of technology, data sharing, and analysis, along with other in-depth information, including: The challenges of fraud detection in a financial services environment The use of statistics, including effective ways to measure losses per account and ROI by product/initiative The Ten Commandments for tackling fraud and ways to build an effective model for fraud management Bank Fraud offers a compelling narrative that ultimately urges security and fraud prevention professionals to make the most of the data they have so painstakingly gathered. Such professionals shouldn't let their most important intellectual asset—data—go to waste. This book shows you just how to leverage data and the most up-to-date tools, technologies, and methods to thwart fraud at every turn.