Saturday, December 14, 2013

Overdoing deferred prosecutions

From 2004 through 2012, the Justice Department entered into 242 deferred prosecution and nonprosecution agreements with corporations; there had been just 26 in the preceding 12 years. These agreements allow companies to avoid criminal charges if they pay substantial penalties, improve their compliance programs and cooperate with authorities. The companies do not plead guilty. They are not convicted of any crimes. They do not receive criminal sentences. They just pay a fine.

Why have we become afraid to prosecute people?

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