Derivative Use Immunity and the Investigation of Corporate Wrongdoing
AbstractThere 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.
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