When the company causes harm: Effective corporate sentencing in a justice system based on individual fault

<p>The imposition of corporate liability is problematic in terms of both conviction and sentencing. Once convicted, it is still difficult to effectively sanction a corporation, as the artificial nature of the entity means it cannot be imprisoned. This problem is illustrated by the Pike River disaster and the relevant corporation’s conviction for nine health and safety offences. In that case, the defendant was insolvent, so no effective financial penalty could be imposed. This paper will consider the range of sanctions that could be used to effectively punish a guilty corporate defendant. A starting point for corporate sentencing would be the imposition of a financial penalty (both reparation orders and fines). However, if the company is insolvent, this may be ineffective. There are several mechanisms which could be used to overcome the issue of insolvency, but the court should also consider various non-financial penalties and the imposition of sanctions against individuals. The court may be able to adequately punish a company if a variety of penalties is used.</p>

When the company causes harm: Effective corporate sentencing in a justice system based on individual fault

<p>The imposition of corporate liability is problematic in terms of both conviction and sentencing. Once convicted, it is still difficult to effectively sanction a corporation, as the artificial nature of the entity means it cannot be imprisoned. This problem is illustrated by the Pike River disaster and the relevant corporation’s conviction for nine health and safety offences. In that case, the defendant was insolvent, so no effective financial penalty could be imposed. This paper will consider the range of sanctions that could be used to effectively punish a guilty corporate defendant. A starting point for corporate sentencing would be the imposition of a financial penalty (both reparation orders and fines). However, if the company is insolvent, this may be ineffective. There are several mechanisms which could be used to overcome the issue of insolvency, but the court should also consider various non-financial penalties and the imposition of sanctions against individuals. The court may be able to adequately punish a company if a variety of penalties is used.</p>

What Are the Merits of Taking a Hybrid Regulatory Approach Toward the Enforcement of Corporate Financial Crime in the United Kingdom and United States of America?

This article focuses on the hybrid regulatory approaches used in both the USA and the UK for the enforcement of corporate financial crime. In particular, the article analyses the use of Deferred Prosecution Agreements, which typically impose a financial penalty and behavioral commitments on a corporate entity for a defined period of time in exchange for the deferral of a criminal prosecution. The article will examine the merits of the use of DPAs instead of the imposition of criminal penalties on a company. The article will also consider whether a hybrid use of competition law as well as, or instead of, financial regulation could achieve better outcomes for regulators when enforcing financial crime.

Effect of Trade Openness, Customs Tariff, Financial Penalty, and Regional Trade Agreement on Trade Misinvoicing

Trade misinvoicing is one of the illegal practices hiding behind legal trade with the purpose of tax evasion and capital flight. It is estimated that Indonesia had a potential loss of $6.5 billion in state revenue linked to trade misinvoicing in 2016. This study aims to obtain empirical evidence on the factors affecting trade misinvoicing, namely trade openness, customs tariff, financial penalty, and trade agreement in trade activities between Indonesia and its trading partner countries. The analysis was conducted on 83 trade partner countries listed on the UN Comtrade from 2010 to 2019 which were selected through a purposive sampling method; thus 830 observations were obtained. This study engages two-panel data regression models, namely a model with import misinvoicing and export misinvoicing as a proxy for trade misinvoicing. The results of this study indicate that customs tariffs, financial penalties, and trade agreements affect import misinvoicing. Furthermore, customs tariffs and financial penalties affect export misinvoicing. Meanwhile, trade openness does not affect trade misinvoicing, both from the import and export side. Keywords: customs tariff, financial penalty, trade agreement, trade openness, trade misinvoicing Trade misinvoicing merupakan salah satu praktik ilegal yang bersembunyi dibalik perdagangan yang sah dengan tujuan penghindaran pajak dan pelarian modal yang mengakibatkan Indonesia mengalami potensi kehilangan penerimaan sebesar $6,5 miliar pada tahun 2016. Penelitian ini bertujuan untuk mendapatkan bukti empiris mengenai pengaruh faktor trade openness, customs tariff, financial penalty, dan trade agreement terhadap trade misinvoicing yang terdapat pada perdagangan antara Indonesia dan negara mitra dagangnya. Analisis dalam penelitian ini dilakukan terhadap 83 negara mitra dagang yang tercatat di UN Comtrade selama kurun waktu 2010 s.d. 2019 dengan metode purposive sampling, sehingga diperoleh 830 observasi. Penelitian ini menggunakan dua model regresi data panel, yaitu model dengan import misinvoicing dan export misinvoicing sebagai proksi dari trade misinvoicing. Hasil penelitian ini menunjukkan bahwa customs tariff, financial penalty, dan trade agreement berpengaruh terhadap import misinvoicing. Selanjutnya, customs tariff dan financial penalty berpengaruh terhadap export misinvoicing. Sedangkan trade openness tidak berpengaruh terhadap trade misinvoicing baik dari sisi impor maupun ekspor. Kata kunci: customs tariff, financial penalty, trade agreement, trade openness, trade misinvoicing

1557 Readmission Rates Are Not A Surrogate for Poor Practice – An Audit of Readmissions to An Emergency Surgical Unit [Emsu]- The Devil Lies in The Detail!

Aim Readmission rates are considered an indicator of poor performance resulting in financial penalty to healthcare trusts. The national peer review figure for monthly readmission varies considerably (1.71%-7.53%). This metric can be misleading and requires detailed analysis. The aim of this audit was to critically review the readmissions to the EMSU. Method A 1-month review of all patients presenting to the EMSU via a prospectively maintained electronic database was interrogated. (October 2020). The primary outcome was “true” readmission rate (i.e., inclusion criteria - readmission within 30 days of discharge). Secondary outcomes were to assess the appropriateness of readmission and consequent morbidity. Results 331 patients were admitted with 39 readmissions (11.8%). 22 patients failed to meet the inclusion criteria. The true readmission rate was 17 (5.1%). 7/17 had a post-operative complication. The remainder had a miscellaneous minor upper and lower gastrointestinal complaints. 6/10 required cross-sectional imaging and blood work. There were no mortalities. Conclusions The readmission rate reported by Trust coding was erroneously high due to inaccurate recording of data. The accurate readmission rate was 5.1%. The majority of those readmitted could have been managed successfully in a Surgical Ambulatory Service [SAmS]. These data support the hypothesis that readmission rates can be misleading, and efforts should be directed not just in data recording and analysis but also in the utilization of SAmS.

The Impact of Transparency and Decision Risk on Human–Automation Teaming Outcomes

Objective Examine the effects of decision risk and automation transparency on the accuracy and timeliness of operator decisions, automation verification rates, and subjective workload. Background Decision aids typically benefit performance, but can provide incorrect advice due to contextual factors, creating the potential for automation disuse or misuse. Decision aids can reduce an operator’s manual problem evaluation, and it can also be strategic for operators to minimize verifying automated advice in order to manage workload. Method Participants assigned the optimal unmanned vehicle to complete missions. A decision aid provided advice but was not always reliable. Two levels of decision aid transparency were manipulated between participants. The risk associated with each decision was manipulated using a financial incentive scheme. Participants could use a calculator to verify automated advice; however, this resulted in a financial penalty. Results For high- compared with low-risk decisions, participants were more likely to reject incorrect automated advice and were more likely to verify automation and reported higher workload. Increased transparency did not lead to more accurate decisions and did not impact workload but decreased automation verification and eliminated the increased decision time associated with high decision risk. Conclusion Increased automation transparency was beneficial in that it decreased automation verification and decreased decision time. The increased workload and automation verification for high-risk missions is not necessarily problematic given the improved automation correct rejection rate. Application The findings have potential application to the design of interfaces to improve human–automation teaming, and for anticipating the impact of decision risk on operator behavior.

On The Legal Sanction Against Marriage Registration Violation in Southeast Asia Countries: A Jasser Auda’s Maqasid Al-Shariah Perspective

The legal sanction on marriage registration violations was intended to create equity within households and fulfill every citizen’s constitutional rights. However, the law enforcement efforts encountered some problems, especially in three Southeast Asia countries: Indonesia, Malaysia, and Brunei Darussalam. This article investigated the diversity of regulations on marriage registration violations in the countries and analyzed how Jasser Auda’s maqasid al-shariahperspective viewed the type of legal sanctions there. This study found that there were regulations on marriage registration violations in each country. However, while Malaysia and Brunei Darussalam imposed both financial penalty and imprisonment, Indonesia only charged fines for the culprits. In Jasser Auda’s perspective, the regulations in the countries, except Indonesia, were in line with maqasid al-shariah because firstly, they aimed at maintaining harmony in marriage and contained the aspect of serving the depth and breadth of public interest (maslahah) in terms of necessities (daruriyat). Secondly, the regulations had traversed basic conceptual approach and systems analysis.

Opinions of Shaikh Ali Al- Qaradaghi in the Issues of Debt Arrears in IFIs A Comparative Study with Institutional Ijtihād

Almost all the transactions done by Islamic financial institutions comprise of debts which are measured in local or foreign currencies. This study aims at presenting and discussing opinions of Sh. Shaikh Ali Al- Qaradaghi in issues related to debt arrears settlement as faced by IFIs and prioritizing its usage. The study will discuss the overall principles of debts in general, and about the bad debts in particular. Also, the study discussed standards and Shari’ah pronouncements about debts and arrears settlement issued by organizations and Shari’a boards which focus on issuing pronouncements and standards in the Islamic financial industry. Also, the study discussed opinion of Sh. Ali AlQaradaghi about debts arrears and comparing it with opinions of ijtihād organizations as per the sequence arranged by the researcher. The study found that difference in opinions is existing while dealing with a procrastinating debtor, but for insolvent debtor, so there is no difference of opinion between Shaikh Ali and other except Shariah Standards of Bank Negara Malaysia with no different treatment between a procrastinating and insolvent debtor. The study further arrived at that acceleration of installments and alternatives to bad debts are based on four aspects: acceleration of remaining installments, compensation due to harm of inflation during the arrears, imposing financial penalty, and liquidated damages. This is concerning all the ijtihād bodies. However, Shaikh Ali’s view goes around two aspects: acceleration of remaining installments and compensation due to harm caused by hyperinflation. The study found that there is 71% homogeneity in all the solutions between the opinions of Shaikh Ali and other bodies, and 50% homogeneity for the solution of compensation for harm of inflation. The researcher presented some recommendations, and some of the important ones are working towards unifying the alternatives at least in one country, subsequential treatment of treating bad debt starting from partial acceleration of installments in tandem with the harm of inflation, and finally going for harm of inflation which can be adopted by those who take the view of Shaikh Ali.

Sustainable Consumer Tax Evasion Theory under Information Inattention

This article studies the renewed interest surrounding sustainable public finance and the topic of tax evasion as well as the new theory of information inattention. Extending a model of tax evasion with the notion of inattention reveals novel findings about policy instruments that can be used to mitigate tax evasion. We show that the attention parameters regarding tax rates, financial penalty schemes and income levels are as important as the level of the detection probability and the financial penalty incurred. Thus, our theory recommends the enhancement of sustainability in public policy, particularly in tax policy. Consequently, the paper contributes both to the academic and public policy debate.

Responding to questions about clinical mastitis treatment failure on farm: improving the outcome

The treatment of clinical mastitis on farm is always under the spotlight for veterinary surgeons due to the financial penalty of withholding milk from the bulk tank, the challenge of achieving a bacteriological cure during lactation compared with during a dry period and the importance of antibiotic use in dairy herds. This article focuses on the management of the FIRST clinical mastitis case in a cow's lactation, as this not only represents the best chance of achieving a bacteriological cure as well as a symptomatic one, but also puts emphasis on the need to measure the outcome of treatment approaches for first cases and the likely origin of first cases so that treatment can be avoided in the future.