Senior Associate Gareth Kerr has had an article titled ‘Caught in the Act: The Case for Organisational Corporate Criminal Liability for Banks and Financial Institutions’ published in the Journal of Banking and Finance Law and Practice
Events like the Global Financial Crisis, the bank bill swap reference rate scandal and the Royal Commission into Misconduct in Banking, Superannuation and Financial Services have brought into sharp focus the ability to criminally punish banks and financial institutions for corporate wrongdoing.
This article explores the methods by which criminal liability can currently be imposed on a bank or financial institution and ultimately proposes that the theory of organisational liability is the most appropriate method through which such liability should be imposed. Such an approach is intended to finally hold banks and financial institutions accountable for their criminal conduct.
*Published by Thompson Reuters (Professional) Australia Limited
Read the full article here
If you have any questions, please contact Gareth Kerr.
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