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Ichingcarpenter

(36,988 posts)
Tue Oct 20, 2015, 03:44 AM Oct 2015

Justice Department Data Reveal 29 Percent Drop in Criminal Prosecutions of Corporations

No surprise here, thanks Holder......... oh and Holder how's your new job going?


Why Eric Holder’s new job is an insult to the American public
http://www.salon.com/2015/07/07/why_eric_holders_new_job_is_an_insult_to_the_american_public/





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Despite repeated claims to the contrary by top officials at the U.S. Department of Justice, the government's criminal prosecution of corporate violators has declined substantially in the last decade, falling by almost one third (29%) between FY 2004 and FY 2014 (see Figure 1 and Table 1).

This finding is based on a new analysis by the Transactional Records Access Clearinghouse (TRAC) of hundreds of thousands of individual records developed and collected by the Justice Department in this period. The case-by-case records were obtained by TRAC as the result of a 17-year litigation effort under the Freedom of Information Act (FOIA).



Why Are Corporate Prosecutions So Rare and What Explains Their Decline?

In a very large and complex organization like the Justice Department there frequently are multiple explanations for the real differences that often exist between official statements and official performance. This is particularly true when it comes to the Justice Department's current policies concerning the filing of criminal charges against large corporations. A key event feeding the Department's long-term concern on this subject was the collapse of the giant accounting firm Arthur B. Anderson after it was charged with obstruction of justice in March of 2002.

Yet it wasn't until 2008 that the department replaced a previous and heavily criticized policy with a detailed 21-page statement, the "Principles of Federal Prosecution of Business Organizations." The document, written by Mark Filip who was the Deputy Attorney General at the time, begins with a sweeping claim that "the prosecution of corporate crime is a high priority for the Department of Justice." The Filip policy was sent to all United States Attorneys and DOJ department component heads under cover of an August 28, 2008 memorandum.

But this broad mandate about how federal prosecutors should investigate, charge and prosecute corporate crimes is considerably modified when it comes to specifics. The document advises prosecutors to consider the "corporate context" when filing a case against a corporation and to "take into account the possible substantial consequences to a corporation's employees,investors, pensioners and customers" many of whom may have played no role in the criminal conduct, have been unaware of it or have been unable to prevent it." In addition, Filip said, the prosecutors should take into consideration "the non-penal sanctions that may come with a criminal charge" such as a potential suspension or disbarment from bidding on lucrative government contracts.

"Ultimately," the guidelines say, "the appropriateness of a criminal charge against a large corporation must be evaluated in a pragmatic way that produces a fair outcome."


Much more Data and explainations

http://trac.syr.edu/tracreports/crim/406/

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Justice Department Data Reveal 29 Percent Drop in Criminal Prosecutions of Corporations (Original Post) Ichingcarpenter Oct 2015 OP
Look, they had to focus public attention on something. Octafish Oct 2015 #1

Octafish

(55,745 posts)
1. Look, they had to focus public attention on something.
Tue Oct 20, 2015, 09:14 AM
Oct 2015

Otherwise the REALLY big crooks couldn't get away.



Consider the injustice a "Diversion" with benefits.

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