Corporate criminal law and organization incentives: A managerial perspective

Corporate criminal liability puts a serious challenge to the economic theory of enforcement. Are corporate crimes different from other crimes? Are these crimes best deterred by punishing individuals, punishing corporations, or both? What is optimal structure of sanctions? Should corporate liability be criminal or civil? This paper has two major contributions to the literature. First, it provides a common analytical framework to most results presented and largely discussed in the field. In second place, by making use of the framework, we provide new insights into how corporations should be punished for the offenses committed by their employees.Law Enforcement, Corporation

Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in

Though clearly distinct in nature and procedure, both Regulatory Agencies and Courts frequently rely on similar instruments to sanc- tion the same or very similar kinds of illegal behavior. In this paper, we develop a theory of the use of criminal sanctions in addition to regulatory penalties. We show that it is generally more effective to have a penalty imposed by a Regulatory Agency rather than by the Courts. We extend our analysis by considering imprisonment sen- tences, legal error, and collusion between a Regulatory Agency and an offender. We claim that regulatory penalties become less effective in these contexts. The objective of the paper, though, is not limited to the determination of the theoretical conditions that can make the use of both sanctioning schemes optimal. Our analysis is also relevant to the application of a specific legal doctrine, the Double Jeopardy clause.Economics of Law Enforcement, Regulatory Agency, Courts, Double Jeopardy.,

Optimal magnitude and probability of fines

The economic literature on crime and punishment focuses on the trade-off between probability and severity of punishment, and suggests that detection probability and fines are substitutes. In this paper it is shown that, in presence of substantial underdeterrence caused by costly detection and punishment, these instruments may become complements. When offenders are poor, the deterrent value of monetary sanctions is low. Thus, the government does not invest a lot in detection. If offenders are rich, however, the deterrent value of monetary sanctions is high, so it is more profitable to prosecute them.Crime, probability and severity of sanctions, law enforcement

The Economics of US-style Contingent Fees and UK-style Conditional Fees

Under contingent fees the attorney gets a share of the judgement; under conditional fees the lawyer gets an upscale premium if the case is won which is, however, unrelated to the adjudicated amount. We compare conditional and contingent fees in a principal-agent framework where the lawyer chooses unobservable effort after she has observed the amount at stake. Contingent fees provide better incentives than conditional fees independently of whether upfront payments are restricted to be non-negative or not. Under contingent fees the attorney uses her information about what is at stake more efficientlycontingent fees; conditional fees; moral hazard; incentives

The choice of titling system in land

This paper analyzes the choice of the socially optimal titling system assuming rational individual choices about recording, assurance and registration decisions. It focuses on the enforcement of property rights on land under private titling and the two existing public titling systems, recording and registration. When the reduction in the expected costs of eviction compensates the higher cost of initial registration, it is more efficient to introduce a registration system rather than a recording system. The development of private "title assurance" improves the standing of recording as compared to registration. This improvement depends, however, on the efficiency of the assurance technology and, also, on corrective taxation that is needed to align individual optimization, which disregards the transfer element in eviction, with social objectives.Land transfer, registration, property rights, title assurance, insurance

Reputation and honesty in a market for information

Previous works on asymmetric information in asset markets tend to focus on the potential gains in the asset market itself. We focus on the market for information and conduct an experimental study to explore, in a game of finite but uncertain duration, whether reputation can be an effective constraint on deliberate misinformation. At the beginning of each period, an uninformed potential asset buyer can purchase information, at a fixed price and from a fully-informed source, about the value of the asset in that period. The informational insiders cannot purchase the asset and are given short-term incentives to provide false information when the asset value is low. Our model predicts that, in accordance with the Folk Theorem, Pareto-superior outcomes featuring truthful revelation should be sustainable. However, this depends critically on beliefs about rationality and behavior. We find that, overall, sellers are truthful 89% of the time. More significantly, the observed frequency of truthfulness is 81% when the asset value is low. Our result is consistent with both mixed-strategy and trigger strategy interpretations and provides evidence that most subjects correctly anticipate rational behavior. We discuss applications to financial markets, media regulation, and the stability of cartels.Asymmetric information, reputation, insider regulation, financial markets, Leex

Optimal Deterrence with Legal Defence Expenditure

Legal defence expenditure by those accused of a crime reduces their probability of punishment (whether innocent and guilty). We show that there could be more or less crime in a system which permits such expenditure. Because accused may choose a level of defence expenditure which bankrupts them if found guilty, deterrence can decrease when the fine is increased. The unregulated expenditure of innocent and guilty defendants is inefficient. We show that the optimal fine will never bankrupt the dishonest accused but that the honest accused can be bankrupt or left with positive wealth if convicted. We examine policies to regulate defence expenditure including a tax financed public defender system, a tax on legal defence and compensation for acquitted accused.Legal defence; deterrence; legal aid

Cashing by the hour: Why large law firms prefer hourly fees over contingent fees

Large law firms seem to prefer hourly fees over contingent fees. This paper provides a moral hazard explanation for this pattern of behavior. Contingent legal fees align the interests of the attorney with those of the client, but not necessarily with those of the partnership. We show that the choice of hourly fees is a solution to an agency problem with multiple principals, where the interests of one principal (law firm) collide with the interests of the other principal (client).Law firms, legal fees, moral hazard, risk-sharing

An economic theory of church strictness

This paper makes several contributions to the growing literature on the economics of religion. First, we explicitly introduce spatial- location models into the economics of religion. Second, we offer a new explanation for the observed tendency of state (monopoly) churches to locate toward the "low-tension" end of the "strictness continuum" (in a one-dimensional product space): This result is obtained through the conjunction of "benevolent preferences" (denominations care about the aggregate utility of members) and asymmetric costs of going to a more or less strict church than one prefers. We also derive implications regarding the relationship between religious strictness and membership. The driving forces of our analysis, religious market interactions and asymmetric costs of membership, high-light new explanations for some well-established stylized facts. The analysis opens the way to new empirical tests, aimed at confronting the implications of our model against more traditional explanations.Location theory, economics of religion