Major statutes aimed at deterring corporate wrongdoing are practically household names—the Foreign Corrupt Practices Act, Sarbanes-Oxley, Dodd-Frank. And yet, the FBI recently reported, corporate fraud is on the rise; prosecution of companies for foreign bribes is proliferating; and, even in the wake of the financial crisis, the conduct of some of Wall Street's biggest names continues to raise eyebrows. In this discussion, moderated by Rachel Barkow, Segal Family Professor of Regulatory Law and Policy, a panel of executives, regulators, prosecutors, and academic experts, considered questions such as: Can government regulation effectively combat corporate misconduct? How do we determine when fraud should be pursued as a civil matter versus a criminal matter? Should we consider changes to enforcement priorities or the sanctions imposed?

Panelists included:

Jennifer Arlen '86, Norma Z. Paige Professor of Law
Kevin Davis, Beller Family Professor of Business Law
Harry First, Charles L. Denison Professor of Law
Geoffrey Miller, Stuyvesant P. Comfort Professor of Law
Sara Moss '74, Executive Vice President and General Counsel, The Estée Lauder Companies
Kathryn Reimann '82, Chief Compliance Officer, Citibank and Citi Global Consumer
Mara Trager '98, Assistant U.S. Attorney, SDNY, Civil Fraud
Sanjay Wadhwa (LL.M. '96), Associate Regional Director for Enforcement, U.S. Securities and Exchange Commission - New York Regional Office
Bruce Yannett '85, Partner, Debevoise & Plimpton

Watch the full video below (1 h 18 min):

April 4, 2012