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The IUP Journal of Law Review :
Corporate Crimes – Investigations and Adjudication: A Snapshot
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The white-collar crimes are shaking the corporate base by siphoning off the funds of the companies through various unfair means and schemes. Corporate frauds are unearthed only after enough damage has been caused. It is very difficult to anticipate or predict the actions, as the parties involved are influential in the society. Even directors and other prominent employees having good reputation are involved in such huge monetary manipulations. Mostly, they involve in unauthorized diversion of funds, exploiting the flaws in the accounting systems, data misuse, resources misuse, formation of shell companies, undervaluation or overvaluation of assets and overstating of profits to attract investments. Unless a serious in-depth investigation is undertaken, it will be difficult to adjudicate and punish the true offender. There is every need to strengthen the whistle blower mechanism to avoid the untoward frauds and crimes in the corporate world. Against this backdrop, the paper presents a snapshot of the investigations and adjudication of corporate crimes.

 
 
 

The expansion of business empires has directly contributed to the expansion of the corporate sector because of their inherent advantages over any other forms of business. The concept of limited liability and availability of capital to corporate business houses are other contributing factors for the growth of the company model of business. The growth of business in the corporate sector has also thrown out many challenges, and companies are becoming the hideouts for illegal activities such as money laundering. The changed business and economic environment has opened up new pages containing various guidelines and best practices for governing the company for the benefit of the business houses on the one hand and other stakeholders on the other.

Taking shelter under the advantageous status of the companies under the law, business people with malafide intentions started playing with the money of the general public. This approach has led to many wrongs and crimes in capital generation, utilization and distribution. Many manipulations are made, fraudulent transactions are carried out, and unwanted money accumulations are created resulting in facilitating the business people to control the government itself. In the light of the minimum regulation and control of the corporate business and major share of business in the economy, many crimes are committed by professionals. The corporate crimes are serious problems having direct impact on the economy of the country in addition to that on the company itself. Experienced professionals are designing the crimes in business, not known at the initial stages, but explode at a later date and time. A white-collar crime is a crime committed by “a person of respectability and high social status in the course of his occupation.”1 A rash of scandals occurred at major US companies like Enron, WorldCom, Tyco, Merriyl Lynch and others in 2000.2 Now corporate scandals are nourishing terrorism in the business world. Unless these problems are properly checked, the economy faces hidden danger from the business terrorists who are a major threat to the economy than the other terrorists.

 
 
 

Law Review Journal, Corporate Crimes, Investigations, Adjudication, Corporate Crimes, Indian Penal Code, Corporate Crimes, Meaning and Nature.