Joe McGrath – författare

This book explores the emergence of a new architecture of corporate enforcement in Ireland. It is demonstrated that the State has transitioned from one contradictory model of corporate enforcement to another. Traditionally, the State invoked its most powerful weapon of state censure, the criminal law, but was remarkably lenient in practice because the law was not enforced. The contemporary model is much more reliant on cooperative measures and civil orders, but also contains remarkably punitive and instrumental measures to surmount the difficulties of proving guilt in criminal cases.Though corporate and financial regulation has become an area of significant interest for academics, researchers and those with an interest in corporate affairs, this sudden surge of interest lacks a tradition of scholarship or any deep empirical and contextual analysis in Ireland. This book provides that foundation. It is likely to stimulate an extensive conversation on corporate regulation and governance in Ireland. It is also likely to provide a platform for researchers further afield with an interest in comparative study with Ireland.

White-collar crime has become an area of significant interest for academics, practitioners,policy makers, and those with an interest in corporate affairs. However, this sudden surge ofinterest lacks a tradition of scholarship in Ireland. Moreover, new laws governing thecorporate and financial sectors have also precipitated an increasingly intense demand forlegal advice on securing compliance and from those seeking to defend themselves againstprosecutions and other enforcement actions.However, as relatively few criminal investigations and prosecutions were conducted in thepast, there is a relative dearth of published materials available for practitioners andresearchers in the field. Moreover, even to the extent that published literature is available, itrarely reflects the experiences of those involved in investigating, prosecuting and defendingwhite-collar crime cases. This book provides that foundation. It is also unique in that it iswritten by the leading senior practitioners, academics and regulators in this field. Theyprovide the definitive account of the substantive and procedural law on white collar crime.This work is likely to stimulate an extensive conversation on corporate regulation andgovernance, both in Ireland and further afield.

This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a “trajectory towards professionalisation” of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms’ and individuals’ behaviours.