Table of Contents

Research Handbook on International Financial Crime

Research Handbook on International Financial Crime

Research Handbooks in Financial Law series

Edited by Barry Rider

A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbook addresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy. The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, the enterprise of crime, business crime, the financial sector at risk, fraud, corruption, the proceeds of financial and economic crime, and enforcement and control.

Chapter 13: Corporate governance and responsibility

Chizu Nakajima

Subjects: economics and finance, financial economics and regulation, law - academic, corruption and economic crime, finance and banking law

Extract

The financial turmoil that began in 2007 and the ensuing financial crisis prompted calls for remedial measures which, in turn, led to a spate of regulatory reforms on both sides of the Atlantic. The world of corporate governance has not escaped political and media scrutiny, and resulting consultation documents and interim and final reports with various recommendations for change have been countless. Nevertheless, one fundamental issue that has not been addressed in much depth in the ongoing debate is shareholder primacy, which appears to have dominated the thinking of both business leaders and academics for the last few decades. It has been pointed out that ‘Throughout the 1980s and 1990s in the U.S. and U.K., the logic of shareholder value maximization became the guiding principle, informing the top management strategic decision making in listed firms as well as (and because of) the way institutional shareholders evaluated their performance.’ Indeed, shareholder primacy, shareholder value maximization and profit maximization have been used synonymously and interchangeably in many discussions. And those pushing this cause often refer to the article by Professor Milton Friedman, a Nobel laureate economist, published in 1970, in which he famously states, ‘there is one and only one social responsibility of business – to use its resources and engage in activities designed to increase its profits’.

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