Digital Commons Network^™

Monitor’S Report Regarding Compliance By Defendant J.P. Morgan Chase Bank, N.A. For The Measurement Periods Ended September 30, 2013 And December 31, 2013, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Report Regarding Compliance By Ocwen Loan Servicing, Llc As Successor By Assignment From Defendants Residential Capital Llc, Gmac Mortgage Llc, And Ally Financial Inc. For The Measurement Periods Ended September 30, 2013 And December 31, 2013, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Report Regarding Compliance By Defendants Wells Fargo & Company And Wells Fargo Bank, N.A. For The Measurement Periods Ended September 30, 2013 And December 31, 2013, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant Wells Fargo & Company’S Compliance With Its Agreement With The Attorney General Of The State Of Florida, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant Bank Of America Corporation’S Compliance With Its Agreement With The Attorney General Of The State Of California, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant Wells Fargo & Company’S Compliance With Its Agreement With The Attorney General Of The State Of California, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant Bank Of America Corporation’S Compliance With Its Agreement With The Attorney General Of The State Of Florida, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant J.P. Morgan Chase & Co.’S Compliance With Its Agreement With The Attorney General Of The State Of Florida, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant J.P. Morgan Chase & Co.’S Compliance With Its Agreement With The Attorney General Of The State Of California, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendant Bank Of America Corporation’S Compliance With Its Agreement With The State Of Nevada, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Criminal Accountability And Wall Street Executives: Why The Criminal Provisions Of The Dodd-Frank Act Fall Short, Jennifer G. Chawla

Student Works

No abstract provided.

Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel

Fordham Law Review

No abstract provided.

Choosing Which Rule To Break First: An In-House Attorney Whistleblower’S Choices After Discovering A Possible Federal Securities Law Violation, Naseem Faqihi

Fordham Law Review

    The early twenty-first century has seen several instances of large-scale federal securities law violations—such as Enron, WorldCom, and the Bernie Madoff scandal—that have garnered widespread attention and heavily impacted the global economy. In each of these cases, whistleblowers tried to expose the underlying fraud. These and other scandals led to the enactment of new laws to protect whistleblowers who seek to expose these kinds of violations.

    In-house attorneys are in a special position to discover, understand, and expose their organization’s federal securities violations. However, should in-house attorneys discover misconduct, and when deciding whether or not to take action, they must …

Preying On The Graying: A Statutory Presumption To Prosecute Elder Financial Exploitation, Andrew Jay Mcclurg

UC Law Journal

With seventy-eight million baby boomers in or nearing retirement, elder financial exploitation has been labeled the “Crime of the 21st Century,” yet little has been done to address the problem. While states and the federal government have passed hundreds of laws protecting children based on the assumption they are vulnerable and unable to protect themselves, older at-risk adults have been comparatively ignored despite extensive research showing they too are vulnerable. A substantial roadblock to prosecuting elder financial predators is the inability to prove that the financial transfers at issue were the result of exploitation rather than legitimate transactions. Many victims …

Essays On Mergers And Acquisitions, Marcin Krolikowski

USF Tampa Graduate Theses and Dissertations

This dissertation includes two essays that examine mergers and acquisitions. In the first essay we examine how pay-for-performance influences the quality of merger decisions before and after Sarbanes-Oxley (SOX). Pay-for performance has a significant positive effect on acquirer returns of 0.9% pre-SOX and 1.1% post-SOX around the three day event window. Bidders with high pay-for-performance pay a 23.3% lower merger premium in listed target acquisitions. The positive effect of pay-for-performance is more important for public target acquisitions overall, for small acquirers pre-SOX, and for large acquirers post-SOX. In the long-run, bidders with high pre-merger pay-for-performance experience 27.6% higher returns after …

Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout

Cornell Law Faculty Publications

Contemporary lawmakers and reformers often argue that ex ante incentive contracts providing for large material rewards are the best and possibly only way to motivate corporate executives and other employees to serve their firms' interests. This Article offers a critique of the "pay for performance" approach. In particular, it explores why, for a variety of mutually reinforcing reasons, workplaces that rely on ex ante incentive contracts suppress unselfish prosocial behavior (conscience) and promote selfishness and opportunism. The end result may not be more efficient, but more uncooperative, unethical, and illegal employee behavior.

Growing South Dakota (Spring 2014), College Of Agriculture &. Biological Sciences

Growing South Dakota (Publication of the College of Agriculture, Food and Environmental Sciences)

This issue contains the SDSU Extension 2013 Annual Report.

[Page] 2 The New SDSU Extension: Two Years Later, Change Has Brought New Successes
[Page] 4 Your 24-7 Connection: iGrow.org Makes SDSU Extension Easily Accessible, Responsive
[Page] 5 SDSU Regional Extension Centers: Your Front Door To SDSU
[Pages] 6-7 Leading The Challenge: Projects To Address Food Security, Financial Knowledge Underway
[Pages] 8-9 Regional Collaboration: SET Grants & Food Networks Initiated
[Pages] 10-11 Encouraging & Empowering: Native American Program Assists Reservations In Striving For Healthy Food, Healthy Communities & Youth Science Programming
[Page] 12 Evaluating Yields: Crop Performance Testing Provides Important, Unbiased …

Vol.41 N.33 March 13th 2014, Brown Publishing Company

Black Voice News

No abstract provided.

2014-03-10 Meeting Minutes, Morehead State University. Staff Congress.

Staff Congress Records

Staff Congress meeting minutes for March 10, 2014.

Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien

Seattle University Law Review

The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …

The New Policing Of Business Crime, Rachel E. Barkow

Seattle University Law Review

The central goal of this Article is to describe the burgeoning turn to new policing techniques in the business crime context and to offer some initial thoughts on the promises and limits of the approach. Part II begins by explaining the traditional or “old policing” of business crime. After implementing an initial strategy that focused on pursuing individuals, the government turned its attention to the organizations where those individuals operated. It increased the sanctions for violators and sought to target companies in an effort to prompt them to adopt internal compliance pro-grams. The focus on company compliance programs was designed …

Online Integrity: Student Authentication In An Online Course, Susan Evans Jennings, M. Gail Weatherly, S. Ann Wilson

Faculty Publications

Distance education has been around for over 100 years and has progressed from print based or correspondence study to radio, television, audio or video recordings, and on to video conferencing and computer mediated instruction (Wang and Gearhart, 2006). In 2000, Dooley and Murphy stated that delivery via the Internet was relatively new and challenging for higher education institutions. Most would agree that even though delivery via the Internet might no longer be considered “relatively new,” it can still be considered challenging.

The Political Economy Of Board Independence, Urska Velikonja

North Carolina Law Review

No abstract provided.

Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott

Nevada Law Journal

No abstract provided.

Broker-Dealers, Institutional Investors, And Fiduciary Duty: Much Ado About Nothing?, Lynn Bai

William & Mary Business Law Review

Under the mandate of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the SEC is soliciting public opinions on whether broker-dealers should be subject to a fiduciary duty when advising retail and institutional investors. This Article focuses on the advisability of such a proposal for institutional investors. It shows that, first, a fiduciary duty could potentially enhance broker-dealers’ standard of conduct for only a subset of institutional investors who are well capitalized, capable of assessing risks independently, and acknowledge in writing their nonreliance on broker-dealers’ advice. Thus, the benefit of fiduciary duty is much narrower than what …

Privacy In The Federal Bankruptcy Courts, Mary Jo Obee, William C. Plouffe Jr.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Surf Is Up, But Who Owns The Beach - Who Should Regulate Commerce On The Internet, Charles R. Topping

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendants Residential Capital, Llc, Ally Financial, Inc., And Gmac Mortgage, Llc, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Judge Rakoff, The Justice Department, And Corporate Crime: Lack Of Will Or Lack Of Cause?, Michael Wiseman

Emory Business Law Review

In the wake of the Great Recession, has the Justice Department neglected its duty to prosecute officers of financial institutions, or are prosecutorial options insufficient under current law? This piece examines the question posed by Judge Jed S. Rakoff. Rule 10b-5 could allow for prosecution involving misbranded AAA-rated collateralized debt obligations (CDOs), or improperly influenced the credit rating agencies both of which contributed to the collapse of 2008. Exploring this issue, Michael Wiseman's piece examines the effect of deferred or non-prosecution agreements by the U.S. Department of Justice. This piece also explores efforts by congress to impose quasi-strict liability, embodied …

Unfinished Business: Dodd-Frank's Whistleblower Anti-Retaliation Protections Fall Short For Private Companies And Their Employees, Chelsea Hunt Overhuls

The Journal of Business, Entrepreneurship & the Law

The Sarbanes-Oxley Act of 2002 (“SOX”) revolutionized the world of securities law whistleblowing. It encouraged employees to reveal corporate fraud by providing federal anti-retaliation protection to incentivize such reports. Securities law whistleblowing was transformed a second time in 2010 when Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Under Dodd-Frank, employees that report information to the Securities and Exchange Commission (“SEC”) are not only provided federal anti-retaliation protections but also are eligible for a hefty bounty. Two major differences separate these statutes: (1) SOX is limited to employees of companies who are subject to the reporting …