Derivative Use Immunity and the Investigation of Corporate Wrongdoing
Abstract
There has long been a tension between public and private interests in relation to the privilege against self-incrimination. Nowhere are these tensions and the conflicting arguments more apparent than in the area of companies. To a large extent this has reflected growing community disaffection with the apparent immunity of some of this country's former "high fliers". Prosecutions against company officers for fraud or offences of dishonesty are notoriously difficult to prosecute. One of the attractions of the corporate structure is the way in which it can be used to obfuscate and hide the activities of a fraudulent controller.
Published
Oct 30, 1994
How to Cite
SOFRONOFF, Paul.
Derivative Use Immunity and the Investigation of Corporate Wrongdoing.
QUT Law Review, [S.l.], v. 10, p. 122-136, oct. 1994.
ISSN 2201-7275.
Available at: <https://lr.law.qut.edu.au/article/view/384>. Date accessed: 01 feb. 2021.
doi: https://doi.org/10.5204/qutlr.v10i0.384.
Section
Articles - General Issue
Since 2015-12-04
Abstract Views
1605
PDF Views
3997
Until 2015-12-04:
Abstract Views
571
PDF Views
2309
Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Articles in this journal are published under the Creative Commons Attribution Licence (CC-BY). This is to achieve more legal certainty about what readers can do with published articles, and thus a wider dissemination and archiving, which in turn makes publishing with this journal more valuable for authors.