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Deterrence of a criminal team: how to rely on its members’ shortcomings?

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  • Eric Langlais

Abstract

In this paper, we modelize a criminal organization as an agency where the Principal and the Agent have different sensibilities towards the risk of arrestation and punishment, and at the same time have different skills with respect to general organization tasks, crime realization or detection avoidance activities (i.e. allowing to reduce the probability of detection). In this set up, we first compare two regimes of exclusive sanctions (either the sanctions are borne by the Principal/beneficiary of the crime, or they are borne by the Agent/perpetrator of the crime), and we analyze the comparative efficiency of the various instruments which are at the disposal of public authorities to prevent corporation in criminal activities (frequency of control and level of monetary penalties). Finally, we study a case with joint liability.

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File URL: http://cerefige.univ-lorraine.fr/sites/cerefige.univ-lorraine.fr/files/users/cahier_de_recherche_langlais_02_09.pdf
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Bibliographic Info

Paper provided by CEREFIGE (Centre Europeen de Recherche en Economie Financiere et Gestion des Entreprises), Universite de Lorraine in its series Cahiers du CEREFIGE with number 0902.

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Length: 28 pages
Date of creation: 2009
Date of revision: 2009
Handle: RePEc:fie:wpaper:0902

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Keywords: Criminal teams; corporate criminality; state dependent risk aversion; deterrence; monetary penalties versus detection;

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  1. Polinsky, Mitchell & Shavell, Steven, 1979. "The Optimal Tradeoff between the Probability and Magnitude of Fines," American Economic Review, American Economic Association, American Economic Association, vol. 69(5), pages 880-91, December.
  2. Garoupa, Nuno, 2001. "Optimal magnitude and probability of fines," European Economic Review, Elsevier, Elsevier, vol. 45(9), pages 1765-1771, October.
  3. At Christian & Chappe Nathalie, 2008. "Timing of Crime, Learning and Sanction," Review of Law & Economics, De Gruyter, De Gruyter, vol. 4(1), pages 35-44, February.
  4. Eric Langlais, 2005. "Willingness to Pay for Risk Reduction and Risk Aversion without the Expected Utility Assumption," Theory and Decision, Springer, Springer, vol. 59(1), pages 43-50, 08.
  5. Marjit, Sugata & Shi, Heling, 1998. "On controlling crime with corrupt officials," Journal of Economic Behavior & Organization, Elsevier, Elsevier, vol. 34(1), pages 163-172, January.
  6. Neilson, William S, 1998. "Optimal Punishment Schemes with State-Dependent Preferences," Economic Inquiry, Western Economic Association International, Western Economic Association International, vol. 36(2), pages 266-71, April.
  7. Kraakman, Reiner H, 1986. "Gatekeepers: The Anatomy of a Third-Party Enforcement Strategy," Journal of Law, Economics and Organization, Oxford University Press, Oxford University Press, vol. 2(1), pages 53-104, Spring.
  8. Neilson, William S. & Winter, Harold, 1997. "On criminals' risk attitudes," Economics Letters, Elsevier, Elsevier, vol. 55(1), pages 97-102, August.
  9. Nuno Garoupa, 1997. "The economics of organized crime and optimal law enforcement," Economics Working Papers 246, Department of Economics and Business, Universitat Pompeu Fabra, revised Dec 1997.
  10. Christian At & Nathalie Chappe, 2005. "Crime timing," Economics Bulletin, AccessEcon, vol. 11(2), pages 1-7.
  11. Cyrus Chu, C. Y. & Qian, Yingyi, 1995. "Vicarious liability under a negligence rule," International Review of Law and Economics, Elsevier, Elsevier, vol. 15(3), pages 305-322, September.
  12. repec:hal:journl:halshs-00259459 is not listed on IDEAS
  13. Shavell, Steven, 1997. "The optimal level of corporate liability given the limited ability of corporations to penalize their employees," International Review of Law and Economics, Elsevier, Elsevier, vol. 17(2), pages 203-213, June.
  14. Ganuza, Juan Jose & Gomez, Fernando, 2007. "Should we trust the gatekeepers?: Auditors' and lawyers' liability for clients' misconduct," International Review of Law and Economics, Elsevier, Elsevier, vol. 27(1), pages 96-109, March.
  15. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
  16. Privileggi, Fabio & Marchese, Carla & Cassone, Alberto, 2001. "Agent's liability versus principal's liability when attitudes toward risk differ," International Review of Law and Economics, Elsevier, Elsevier, vol. 21(2), pages 181-195, June.
  17. Nicolas Jacquemet, 2006. "Microéconomie de la corruption," Université Paris1 Panthéon-Sorbonne (Post-Print and Working Papers) halshs-00259459, HAL.
  18. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, Wiley Blackwell, vol. 11(3), pages 267-95, September.
  19. Arlen, Jennifer, 1994. "The Potentially Perverse Effects of Corporate Criminal Liability," The Journal of Legal Studies, University of Chicago Press, University of Chicago Press, vol. 23(2), pages 832-67, June.
  20. Jones-Lee, Michael W, 1974. "The Value of Changes in the Probability of Death or Injury," Journal of Political Economy, University of Chicago Press, University of Chicago Press, vol. 82(4), pages 835-49, July/Aug..
  21. repec:ebl:ecbull:v:11:y:2005:i:2:p:1-7 is not listed on IDEAS
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