The Department of Justice’s approach to criminal prosecution of corporations and individuals has evolved over the last 20 years. Beginning with the traditional model of building criminal cases, brick-by-brick, by investigating and prosecuting individuals, traditionally used to dismantle organized crime and drug trafficking/gang organizations, the Justice Department has now embraced a new model of enlisting corporations to conduct internal investigations, usually with the assistance of outside counsel, and reporting back to the Justice Department on what occurred and who was involved in the criminal violations.  As part of this new strategy, the Justice Department has ignored its traditional role in prosecuting culpable individuals.

Michael Volkov examines this new strategy and the reasons for its development in Podcast Episode 4 — Too Big To Fail, Too Big To Jail — The Justice Department’s Outsourcing of Criminal Investigations and Prosecutions.