Law & Business Seminar: Does Conviction Matter?

29 November 2017


Click here to register for this seminar.

Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email for an invoice. We apologise for any inconvenience.


Does Conviction Matter? Do Deferred Prosecution Agreements Affect Reputational Sanction for Corporate Crime

Speaker: Professor Jennifer Arlen, NYU School of Law

Deferred Prosecution Agreements are a hot topic in Australia at the moment. The federal government is considering their introduction to address perceived problems with prosecuting companies accused of, for example, fraud or bribery.

There has been a dramatic rise in the use of such agreements in the United States over the last couple of decades. US prosecutors regularly enter into corporate deferred and non-prosecution agreements (D/NPAs) with firms with detected criminal misconduct. Critics of this practice claim that prosecutors mute the reputational damage costs imposed on firms when they resolve cases through D/NPAs instead of requiring corporations to plead guilty. In their view, formal conviction enhances deterrence by supplementing financial penalties with enhanced reputational penalty for corporate crime.

Professor Arlen's seminar will question this claim. Professor Arlen's seminar, which is based on a joint research with Cindy Alexander of the US Securities and Exchange Commission, will show that D/NPAs do not necessarily impose smaller reputational costs than formal corporate conviction. The joint research project shows that criminal settlements impose reputational cost on firms when news of the settlement leads interested third-parties-suppliers of goods, services of capital; customers; or lenders-to be less willing to deal with a sanctioned firm on favorable terms due to the perceived risk of future harm.

About the Speaker

Jennifer Arlen is the Norma Z. Paige Professor of Law and founder and director of the Program on Corporate Compliance and Enforcement at New York University School of Law (NYU). She has published over 50 articles and book chapters in leading scholarly publications. Jennifer has been a visiting professor at the California Institute of Technology, Harvard Law School, and Yale Law School, and was the Ivadelle and Theodore Johnson Professor of Law and Business at USC School of Law before moving to NYU.

Commentator: Dr Olivia Dixon, The University of Sydney Law School

Chair: Associate Professor Arlie Loughnan, The University of Sydney Law School

Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55

CPD Points: 1


Upcoming Intensive Course:

Business Crime

27, 28, 30 November & 1 December

Engage with Professor Arlen in this intensive course which covers the law and effective enforcement policy governing crimes committed by large multinational corporations.

You can apply to study this on a one off basis without assessment.

Click here to apply.


Time: 5.30 - 6.45pm (registration and light refreshments from 5pm)

Location: CBD Campus, level 17, 133 Castlereagh Street, Sydney (Stockland Building)

Cost: See above

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 0a1734602624012a3f2731424a1141162f422b162f57035a