Coercive Investigation of Corporate Crime: What Investigators Say

This study investigates the use of coercive investigation powers in the context of corporate crime, based on a series of interviews with former Australian Securities and Investments Commission (‘ASIC’) enforcement officials and corporate lawyers. It argues that ASIC’s powers are well equipped to investigate corporate crime, but that ASIC rarely exercises these powers. In this respect, the article draws similar conclusions to the recent Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, but delves further, revealing how coercive powers are used and why they are seldom exercised in corporate criminal investigations. In accounting for this institutional failure, this study implicates a neoliberal agenda of deregulation and austerity that has permitted the regulator to be ‘captured’ by wealthy and powerful regulatees. The analysis is informed by a critical regulation approach to corporate crime that explains corporate or ‘white-collar’ crime and its enforcement through a sociological lens: as a result of unequal social relationships, primarily that of social class, that create disparities in legal and political power.

Más allá del quehacer jurisdiccional de la Suprema Corte de Justicia de la Nación

Article 49 of the Mexican Constitution establishes the tripartite division of the government where by each of the three divisions has certain enumerated powers that serve as checks and balances in a democracy. In the present work we will not analyze the jurisdictional powers of the Judiciary, but instead the legislative powers of the Supreme Court, as well as certain investigation powers whitin as well as how it worked and in which important cases such powers were exercised, as well as the constitutional amendment of June 10, 2011. Another power that we will analyze of the Supreme Court is the power to issue general agreements. Most notably, we will analyze the general agreements 10/2000 and 5/2001 for their impact on functions of the Supreme Court.